The cover story in this month’s issue of Training & Development magazine is “Metrics and Measurement: Do They Matter?” The article argues in favor of measuring success in sales training and performance … vs. (I would guess) NOT measuring it. The fact that the headline is phrased as a question implies that there
are people who are AGAINST measuring the results generated through
sales training.
Sometimes employees balk at following their supervisors’ directions—especially when they consider an order ill-advised or even stupid. But the underlying wisdom of the directive doesn’t excuse an employee’s angry reaction. He or she can still be terminated for insubordination if he responded inappropriately.
Q. My company wants to begin substance-abuse testing of employees that it suspects are under the influence of drugs or alcohol in the workplace. We already have a drug- and alcohol-free workplace policy. Is there anything else we need to do to allow us to test employees for illegal drugs or alcohol?
Generally, employees can appeal if they’re denied unemployment compensation because they were fired for cause. To win, they must show they were fired without just cause. However, the rules change when an employee is fired for a positive drug test.
The 8th Circuit Court of Appeals in late September upheld a lower court ruling that the National Football League cannot suspend Minnesota Vikings defensive tackles Kevin Williams and Pat Williams for violating the sport’s drug policy.
The Drug and Alcohol Testing in the Workplace Act says, “Before requesting an employee to undergo drug or alcohol testing, an employer shall provide the employee with a form, developed by the employer, on which to acknowledge that the employee has seen the employer’s drug and alcohol testing policy.” Does that mean the employee has to sign the form immediately before the test is administered?
Employees don’t have to actually be handicapped to be protected from discrimination under the New Jersey Law Against Discrimination (NJLAD). It’s enough that an employer perceives them as handicapped. As the following case shows, it doesn’t take much to send such a case to a jury trial.
Q. One of our employees was recently in jail for traffic and drug violations. Before he returns to work, what guidelines can we follow to ensure that he’s drug-free? Will we be discriminating if we require a drug test before allowing him back on site, even though we didn’t require such a test when he was hired?
Your company may claim a tax credit for qualified research expenses. Although the credit is expected to be extended by Congress, it currently expires at the end of the year. In any event, you can derive a tax benefit for expenditures made in 2009.
In 2008, the U.S. Department of Transportation (DOT) changed its regulations for drug testing to include direct observation of return-to-duty and follow-up drug tests. DOT regulations require random drug testing of urine for commercial motor-vehicle drivers, and pipeline, airline, transit and marine employees.
A recent Illinois case illustrates how employers can get into expensive litigation if their drug-testing vendors don’t follow proper procedures when conducting random drug tests.
Don’t depend on comprehensive health care reform to significantly cut the cost of the health insurance benefits you provide to employees. Many of America’s best companies have found that a few best practices do a remarkably good job of improving employee health and controlling health care expenses. Here are some of the best practices in health benefits used by America’s best employers.
Asperger’s syndrome may be a covered disability under the ADA, a federal court hearing an Ohio case has concluded. Asperger’s is a developmental disability characterized by “severe and sustained impairments in social interaction,” according to the American Psychiatric Association. The condition is permanent and is similar in some respects to autism.
Age-discrimination lawsuits have shot up in recent years, climbing 29% last year alone. But a recent pro-business ruling by the U.S. Supreme Court will make it harder for employees to prove age bias in the workplace. Employee advocacy groups are crying foul.
The U.S. Supreme Court has ruled that the city of New Haven, Conn., violated the rights of white and Hispanic firefighters who took promotion exams when it refused to use the test results to promote the highest scorers. The court ruled that the city could not use “[f]ear of litigation alone” to justify rejecting the results simply because the test appeared to have a disparate impact on another minority—namely the black firefighters who took the test.
Employers almost always contract out workplace drug testing and then rely on the results the contractor provides. If the employer then fires an employee who tests positive, chances are a court won’t second-guess the decision, since the employer relied on the test. That doesn’t mean the testing company can’t be sued.
Q. We’re finding that there’s been an upsurge of items missing from our warehouse inventory. Can we require our warehouse employees to submit to polygraph tests?
In the days before ending its 2008-09 term, the U.S. Supreme Court issued two important employment law rulings. Now it's harder for employees to win age bias lawsuits. Also, the court ruled on race bias in pre-hire testing.
When it comes to understanding your market segments, government
statistics are among the best available sources of information. Here are some other smart ways to collect valuable customer research:
Q. We suspected an employee was using drugs, so we sent him to be tested. We told him he couldn’t work until the test came back in two days. The results were negative. Do we owe him wages for those two days?
If you have transportation workers in safety-sensitive jobs, take note: New U.S. Department of Transportation (DOT) rules kick in Aug. 31 that affect return-to-work drug tests given to employees who previously tested positive or underwent drug rehab.
Some employees’ religious beliefs forbid them to belong to labor unions. Because, like employers, unions may not discriminate on the basis of religion, they must make reasonable accommodations for employees who object to any of their pay going to the union.
Q. After repeatedly warning an employee about her poor performance, we recently terminated her. At the termination meeting, she complained for the first time that she felt she’d been held to higher standards based on her gender. She has now filed for unemployment benefits. While we don’t think she’s entitled to the benefits, we wonder whether it makes sense to fight her claim. What do you think?
If the EEOC thinks a complaint it receives may have national implications and wants more information, it has the power to expand its investigation. The agency can seek subpoenas to demand a long list of records from your company as it seeks to develop a broader, perhaps national case against you. The good news is that federal courts generally will scale down the request if you ask.
Nothing brightens up a dull workday like the appearance of a co-worker bearing treats. But when an Indiana University dorm worker and her 13-year-old daughter brought in a box of fudge, some fellow employees got more than they bargained for.
All of a sudden, the retirement nest egg you’ve been building all these years might not be enough. And you probably have less time left to make up for lost ground than most of your other employees. That’s especially true if you haven’t been able to max out on plan contributions in the past. Strategy: Add an “age-weighted” feature to a profit-sharing plan.
In what some employment law attorneys are calling one of the most important employment law cases of the decade, the U.S. Supreme Court ruled on June 29 that the city of New Haven shouldn’t have thrown out promotion test results of all firefighters just because it feared the test would have a disparate impact on black firefighters. What's the practical impact? Read on ...
For more than a decade, Minnesota courts have recognized a person’s right to privacy. Most employers are aware that this right extends to the workplace, but many still run into potential employee-privacy trouble. But with some upfront planning and consideration, HR professionals can help their organizations avoid privacy pitfalls and still protect their interests.
Q. Our company just received a citation from the U.S. Occupational Safety and Health Administration. The proposed penalty is only $120. Is it worth getting a lawyer involved, or should we just go ahead and pay the fine?
Q. We’re aware that tuberculosis is on the rise. Can we ask applicants—and employees—to take a TB test? What about interns and volunteers? (We operate a substance abuse center.)
Texas Gov. Rick Perry last week signed a safety law long sought by unions to protect train crews who are transported by vans between job sites. The law requires contract carriers to screen van drivers for drug and alcohol use and to maintain at least $1.5 million in liability insurance.
Any niche
marketing effort should focus to some degree on what sets your business
apart from the competition, according to Scott McKain, author of Collapse of Distinction. He offers these niche marketing tips to get the ball rolling:
No other means of
advertising can be tested, refined, and tested again with the same
mathematical precision as creative direct mail. What should you test? Crystal Uppercue, marketing manager at EU Services, recommends focusing on these three components:
A federal appeals court in Washington has upheld a government rule that requires railroad and other transportation workers who have been treated for drug abuse to be observed while they urinate for drug tests. Any workers who refuse to be watched by a same-sex observer could lose their jobs.
Fear can paralyze even the most successful people. To make it through the recession, though, businesses need people who can be fearless. Gayle Lantz, author of Take the Bull by the Horns, says that to move back into “thrive” mode, “You’ve got to figure out how to aggressively move forward.”
Sometimes, it’s obvious early on that a new employee isn’t working out. Firing such an employee won’t cause legal trouble as long as you based the call on previously set performance standards, job-related testing or some other impartial evaluation process.
What do newly suspended slugger Manny Ramirez and newly less-senior U.S. Senator Arlen Specter have in common? Nothing you say? Au contraire. I’d suggest that until very recently, perhaps, they both considered themselves to be bigger than the game they played.
If you want to give an employee one last chance to fly right, you can use a so-called “last chance agreement.” Such contracts can be used, for example, to set the terms for being drug or alcohol free and submitting to random testing. Last-chance agreements can even include tough terms
When Newark police department representatives went to an unidentified officer’s home while he was on sick leave to collect a urine sample for drug testing, it upset the police union.
How do you drive traffic to your Web site without burning through your available cash in a couple of weeks? Here are 8 cost-effective ways to get hits to your site.
Don’t be so quick to pull out the “request denied” stamp when employees want to use FMLA leave to determine whether they have a qualifying “serious condition.” As a new court ruling shows, if an employee simply thinks she has a serious condition, she may take FMLA leave to have it checked out.
Promotional products are proving to yield a higher ROI
and higher recall rate than other forms of media, according to a study
by the Advertising Specialty Institute. Here are other ways to build brand loyalty without placing an ad:
Short letters — one or two pages — usually work best. Executives don’t have time to wade through a lengthy sales pitch. Exceptions: subscriptions, seminars, and some other mail-order offers.
If you are a market-driven company, then you will want regular feedback from your customers. One way to solicit ongoing input from your customers is to have a Customer Advisory Council (CAC).
It sounds like a good idea: survey customers to find out what they want, and then let their answers shape your product development and marketing. But in reality, it’s often a bust.
The Illinois Department of Children and Family Services (DCFS) has stopped conducting drug tests on job applicants as a cost-cutting measure. DCFS introduced the drug tests in February 2008 for all applicants for jobs that involved direct contact with children and families.
Through long years of experience, advertisers and advertising agencies
have uncovered some basic principles of sound advertising strategy,
copywriting, and design. The following are ten rules that I have gleaned from years of experience in the field:
Employers are free to set the terms by which employees earn vacation leave. But what happens to that leave when employees resign or are fired? Here's how to make sure you don’t leave that answer open to interpretation—by your employees or a court.
Self-mailers have seen
a resurgence — most notably the magalog for long copy and the standard
postcard for short copy. Why use postcards instead of a traditional DM package, tri-fold self-mailer, or other formats?
One of the biggest misconceptions about writing to CEOs, CFOs, and other senior executives is that they speak some alien language that has only a passing resemblance to the conversational or written English you and I use every day...
North Carolina law has long protected disabled North Carolinians from discrimination. The North Carolina Persons with Disabilities Protection Act was originally called the Handicapped Persons Protection Act and became law in 1985. The act is broad in scope, and many of its protections apply directly to employment matters.
“Promise, large promise, is the soul of an advertisement,” wrote Samuel Johnson. Today we know he was right: to break through the clutter and generate a profitable response, direct marketing must make a big promise.
Tests have shown that varying the outer envelope can increase or depress response rates in an A/B split — even if the mailing inside is identical — by 25% to 100% or more. Here are 9 important outer envelope factors to consider...
Offering an extra three to 30 days of paid leave to employees who donate bone marrow or organs could improve your organization’s reputation as a company that cares about its community. Less than half of 1% of those who register as potential donors will ever be called to give, so the benefit will cost your organization very little.
Planning your next move in the current chaotic environment may seem futile, but it’s necessary if you hope to learn anything as you go along. Here’s an overview of “theory-focused planning,” which simply means building a theory and testing it.
When I write copy, that audience is the prospect. But with SEO copywriting, you are pandering to another “audience” … the search engines … and not the reader. Here, in my opinion, is a much better approach to writing Web copy:
Here are a few rules of thumb that can help you select the right format — traditional letter package, self-mailer, or postcard — for your next
mailing:
Do all your supervisors and HR staff understand how Minnesota’s Drug and Alcohol Testing in the Workplace Act works? If not, train everyone now or face the possibility of punitive damages.
As we rapidly gain experience and test results from Internet direct mail, we are learning more every day about what works in this new medium. Here are some techniques that seem to be successful in increasing click-throughs and conversions.
Whether you’re a service provider or a retailer, a solidly constructed direct mail sales letter
can work for you over and over
again, for years to come. So says Karen Scharf, an Indianapolis-based
marketing consultant...
It’s important for employers to plan to prevent workplace violence and respond to it if prevention fails. While every employer needs a customized plan that fits its particular workplace, good violence-prevention strategies share common elements.
You may not need a license to practice HR or benefits administration, but earning an HR certification tells your employer (and potential employers) that you know your stuff ...
Jeffrey Immelt, chairman and CEO of General Electric, says his favorite failure was a product called Nuvel, a countertop material. If you dropped a coin on it, he says, it would leave a mark that required sandpaper to remove. What did Immelt do once he recognized his company’s blunder with Nuvel?
The more valuable an owner is to
a business while he/she is active in it, the less value the business has when the
owner leaves…unless the owner has put
in place people and processes that assure the business will stay prosperous.
Employees request time off for doctors' appointments all the time.
But, do you have to grant them? Could the request trigger FMLA rights,
even if the employee was not previously incapacitated or ill for three
or more calendar days? A new court ruling says that if an employee
simply thinks she has a serious condition, she may be able to take FMLA leave to
have it checked out ...
Here’s a reason to make sure that your applications include an honesty provision: If an applicant sues for discrimination, she won’t get very far if you catch her being less than honest on the application.
Advances in medical research have resulted in the early detection and treatment of illnesses. One of the most significant advancements is testing that can identify genetic differences that could increase an individual’s chance of developing a particular disease. But there’s a downside to such progress ...
Gov. Rod Blagojevich recently signed an update to the state’s decade-old genetic nondiscrimination law, which prohibits employers from using genetic information against employees. In some situations, the state law exceeds the protections granted under the federal Genetic Information Nondiscrimination Act (GINA) enacted this spring ...
Employers routinely require applicants to whom they have extended job offers to take tests for illegal drugs. If they pass, they get the jobs. If they don’t, employers can legally rescind the offers. But here’s a case in which an employer completely mishandled this everyday procedure, and now will probably pay a high price.
Employee handbooks should spell out exactly what it takes to earn time off—and what happens when an employee resigns or is fired. Make sure you spell out the limitations, or you may end up stuck paying for accrued time when you discharge an employee for serious problems, such as a failed drug test ...
Question: "For eight years, I
received 'outstanding' performance reviews. Two months ago, I got a new
boss who doesn't seem to like me. When she did my annual evaluation, I
got low ratings with no suggestions for improvement. Now I have no idea
what to do. Before I had this boss, I really enjoyed this job." — Not Appreciated
Q. I have been asked to screen applicants for several positions. Can we lawfully ask selected candidates to submit to physical exams or drug testing? ...
OSHA announced in August that it proposed a fine of $149,100 against an Austin linen company for violating federal workplace safety rules. It cited Texas Linen Co. for one willful violation—failing to provide employees with a hepatitis B vaccination within 10 days of being assigned to handle soiled health-care linens ...
The Ohio State Highway Patrol (OSHP) fired 12 state troopers in September for allegedly cheating on an exam that certifies police officers to administer breath-alcohol sensing tests to suspected drunken drivers ...
Organizations that must comply with U.S. Department of Transportation (DOT) drug-testing regulations face some new requirements. Specifically, drug testers must directly observe any follow-up urine tests. The goal: prevent employees from cheating the drug test.
Say you’re searching an online résumé database and spot the résumé of one of your best employees. You wonder what to do with that new information. The answer: Tailor your approach to that employee, the reason he or she is searching and whether you actually want to retain the person ...
When it comes to improving the value of copywriting
in print or online, a particularly effective strategy is to make a
product or service seem more impressive than it really is. New
Jersey–based copywriting expert Bob Bly, author of Internet Direct Mail: The Complete Guide to Successful E-Mail Marketing Campaigns,
offers a time-tested example: Sea-Monkeys
The key to coming out on top is paying close
attention to your customers and best prospects and making them your top
priority as part of any customer acquisition and retention program. Here’s how to go about it.
The California Supreme Court has ruled that when and how state employees can file whistle-blower lawsuits depends on which agency they work for. For example, regular state employees can sue if they first ask for a ruling from the State Personnel Board ...
Say you’ve decided to hire a professional employer organization (PEO) to handle some of your HR services—or you’re considering new PEO vendors to replace your current one. You have a choice of more than 700 PEOs to choose from. Prices and services offered by PEOs vary so much it's hard to spot the best deal ...
Q. Some union employees are wearing buttons and T-shirts as well as posting signs advocating presidential candidates. At first it was not bothering anyone, but now it has gotten out of hand. Is there anything I can do to prevent employees from exhibiting their political views in the workplace? ...
Carl Sagan’s passion for the universe was so huge that the moment Johnny Carson saw him on a Dick Cavett special, he wanted the scientist booked on “The Tonight Show.” Sagan delivered “a cosmological crash course,” explaining the connection between the history of the universe and the development of life on earth.
The upcoming elections will highlight partisan politics and controversial issues affecting employees. No doubt, your workplace will be the site of some political discussions—and maybe overtly political activity. You need to understand when you can and cannot discipline employees for political activity ...
Question: “We have a former employee who resigned one week ago. He has now called
back and said it was a mistake for him to leave. He left us on good
terms, and we are thinking about hiring him back. Does anyone foresee
any problems? If we do rehire him, how should we handle issues like
seniority, pay, accrued vacation, health benefits, etc?” — Nancy
Impulsivity and intuitiveness—placing and winning big bets—marked GM’s early history. The question today is whether GM has the doggedness and grit to win. There is hope. GM points to Apple Computer, a tech company that had been lying on death’s door until its iPod hit the market. Here are a few things going for GM.
Some jobs obviously require that the employees who perform them be in excellent physical condition. For example, firefighters and others engaged in heavy physical work may have to be extremely physically fit. It’s legitimate for employers to test those physical abilities on a regular basis. Be careful, though, about how you administer those tests to men and women ...
President Bush recently signed into law H.R. 493, also known as the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employers from using genetic tests or information to discriminate against applicants and employees ...
Question: “I have been at my present job more than nine years. The work I do is
very routine and getting boring. What can I do to make my job more
interesting?” — Anonymous
If you want to make sure all managers and supervisors are playing by the nondiscrimination and no harassment rules, get out of the office and onto the shop floor. Someone from HR must visit each and every work location regularly—but unannounced ...
Q. We suspect that one of our employees is a victim of domestic violence. What are the leave requirements for domestic violence under California law? ...
When the Society for Human Resource Management (SHRM) surveyed employers
about their biggest FMLA administrative challenges, dealing with leave
for employees’ own chronic conditions ranked number one. But,
surprisingly, not far behind was FMLA leave taken for “caring for a
sick parent." With more “sandwich
generation” employees taking care of children and parents at the same
time, it’s wise to be consistent about requesting certification for all types of FMLA leave, including care for elderly parents.
Building security officers employed by Inter-Con Security Systems and seeking representation by the Service Employees International Union (SEIU) staged a series of one-day strikes in May at 23 California Kaiser Permanente medical facilities ...
The 3rd Circuit Court of Appeals, which has jurisdiction over New Jersey employers, has finally ruled on a sticky point that has perplexed many fire departments. The court has concluded that paramedics who also have firefighting responsibilities can be paid less than time-and-a-half for overtime under the Fair Labor Standards Act ...
A state appellate panel has ruled that 15 Spanish workers will be allowed to sue Owens-Illinois, Inc. in New Jersey state court. The case involves asbestos contamination that allegedly occurred aboard U.S. Navy ships docked in Spain ...
Typically, an employment discrimination lawsuit starts with an EEOC complaint. That document is often an employer’s first notice that an employee plans to take an employment dispute to court. Review it thoroughly to determine the scope of the problem. If the employee later tries to add additional discrimination claims, you’ll be prepared to point out that they didn’t appear in the original EEOC allegations ...
Q. We suspect an employee has been getting high at work. Over the past two weeks, co-workers have reported that the employee’s pupils were dilated and her speech was slurred. She stares out the window for extended periods of time, she fell while walking down the hall, her appearance is disheveled, and she takes multiple “rest breaks” to go to her car throughout the day. We want to search the employee’s car, but she refuses to let us. Can we search her car anyway? ...
You have an obligation under state and federal disability laws to provide disabled employees with reasonable accommodations. But sometimes accommodations don’t improve attendance or performance. Sometimes the disabled employee doesn’t cooperate. In those cases, what are your options? ...
How safe is the confidential customer information your company keeps? The Privacy Rights Clearinghouse says that, since February 2005, the personal information of 88 million people has been compromised by data security breaches at companies or government agencies ...
HR Law 101: The Genetic Information Nondiscrimination Act (GINA), signed into law in May 2008, prohibits employers with 15 or more employees from discriminating against job applicants or employees based on their genetic information in hiring, firing, compensation or any other terms of employment.
Question: “What are the right questions to ask candidates during interviews for
administrative aide positions to find out whether they have the
technical skills necessary for the job? During the interview, I try to
get a good feel of their abilities to perform a specific job. Most
claim they have the skills, but when tested, fail or fall well below
the expected scale.” — Jonnie Barkley
Do your new hires have to complete a comprehensive training and testing program before they’re allowed to start work? If you can show your tests are valid and necessary (and they don’t disproportionately screen out any particular protected class), chances are a new employee who alleges discrimination because you didn’t keep him won’t get far with a lawsuit ...
Defense contractor Vought Aircraft recently agreed to pay $1.5 million to settle a discrimination lawsuit brought by more than 1,000 job applicants. The settlement comes as a result of charges brought by the DOL that the aircraft parts manufacturer discriminated against minorities and women in hiring ...
Question: "We’re in the process of looking for human resource information systems
(HRIS) software. We need to track training, salary increases, EEOC data
and performance evaluations among other things. Any suggestions on what
to look for? What type of HRIS software do you use? Would you recommend
it? What about cost? Is off-the-shelf software adequate, or is it
better to have it customized?"—Hilda, Florida
As “sandwich generation” employees begin caring for their parents in addition to their kids, you can expect more requests for FMLA leave to tend to mom’s and dad’s medical needs. The FMLA allows employee leave to provide parental care—if the parent’s medical condition actually qualifies for FMLA leave. A federal court says you can ask for medical certification.
In December, the EEOC issued new guidance on employment tests and selection procedures under three laws: Title VII of the Civil Rights Act, the Age Discrimination in Employment Act and the Americans with Disabilities Act. The key to complying is to make sure each employment test is directly job-related and focuses on business necessity ...
Congress just passed the nation’s first federal law prohibiting employers and insurance companies from discriminating against individuals on the basis of genetic information, a protection critics have called “a remedy in search of a problem.” Find out what the Genetic Information Non-Discrimination Act prohibits, and why some believe it could cause trouble for employers.
Does your hiring process build in safeguards to prevent inadvertent disability discrimination? If you’re unsure, follow these guidelines for setting up the right process ...
But does the FMLA cover leave taken by an employee who thinks he has a serious condition and needs some tests to check it out? Yes, it does. That’s why employers should never discipline or fire employees while they’re in this “limbo” medical stage ...
The dangers of smoking are well documented: heart disease and cancer, shorter life expectancy, higher health care expenses. Now add another risk: As workers in Indiana just found out, smoking could get you fired. Was their employer justified in taking action, or did it step into a legal quagmire?
Is there’s a “good ol' boy” network growing in your organization? If promotions and raises tend to go just to employees who win management's favor—and not to those who perform, regardless of race or gender—you could easily find yourself on the losing end of a big lawsuit. How big? Try $24 million!
Do you routinely accept employees’ claims they need FMLA time off to care for an elderly parent? If so, consider a new policy. While it may be easier to approve leave than to challenge it, blanket approvals may prove costly in the long run as more and more “sandwich generation” employees find themselves having to care for both their children and their elderly parents ...
Many government employers ask applicants to submit to drug testing before beginning work. A recent 9th Circuit Court of Appeals ruling may make employers rethink that strategy and prepare to clearly articulate a business-related reason for drug tests. A blanket testing policy may spell trouble ...
Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA) limits employers’ ability to test employees and independent contractors for illegal drugs and alcohol. While DATWA does not require employers to perform drug testing, it governs the process if employers elect to do so ...
Minnesota’s unemployment compensation fund, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The state administers the law through the Minnesota Department of Employment and Economic Development (DEED) ...
In recent months, the EEOC has made a lot of noise about new initiatives to combat workplace discrimination. Three of the most prominent include (1) the E-RACE Initiative, (2) employment testing and (3) protections for caregivers ...
Colorado’s unemployment compensation fund, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The Colorado Department of Labor & Employment (CDLE) administers the Employment Security Act through its Division of Employment and Training ...
You are no doubt familiar with the saying, “If you can’t say anything nice, don’t say anything at all.” Nowhere does that apply more than in the workplace when you have to discharge someone. What supervisors say about former employees who have been discharged can easily backfire ...
Q. Last week, one of our employees drove a piece of equipment into a shelving unit. The employee caused substantial damage to the equipment and the products on the shelves. He could have seriously injured a co-worker. The employee’s supervisor reported that the employee’s eyes were glassy and bloodshot. Can we require the employee to submit to a drug test? — S.S., White Bear Lake ...
Georgia employers participating in the state’s drug-free workplace (DFW) program must be careful to strictly follow the program’s guidelines or risk incurring workers’ compensation benefit liability they never intended ...
Nearly a quarter century after the Internal Revenue Service started releasing piecemeal proposed regulations on cafeteria plans, employers now have new, updated guidance on important topics such as nondiscrimination testing and debit card programs. They’re not final IRS regulations, mind you. But at least a new set of coordinated proposals is on tap to replace the old ones ...
Q. I recently heard that Congress was considering legislation that would bar employers from using individuals’ genetic information when making hiring, firing, job placement or promotion decisions. Is there a state statute addressing this matter? ...
The work doesn’t stop just because an employee takes FMLA leave. As a practical matter, the employer must redistribute the absent employee’s work among the remaining staff. If that goes well, you may be tempted to cut the position entirely. Before you eliminate that position, consider the following case ...
Many leaders have overcome hard knocks and used those experiences to
give meaning to their lives. Leadership starts with understanding your
own life story, then testing yourself through experience and reframing
the story. “Authentic leaders” use feedback that grounds them, guides
them and helps reinforce their dedication to a mission.
Have you ever suspected that one of your employees was not quite as injured or ill as he says? Employers certainly can insist on a medical examination to determine the exact nature and extent of workers’ medical problems—and any appropriate work restrictions. Just make certain you treat all injured employees the same ...
Once an employer knows an employee will need FMLA leave, it cannot use that knowledge to the employee’s disadvantage. That’s true even if it’s only possible that the employee may need leave. It raises serious suspicions about your motives if you fire an employee shortly after he delivers notice he may need FMLA leave—and practically guarantees a lawsuit ...
The IRS has issued a long string of regulations and rulings on “cafeteria plans” over the past 20 years. Even expert tax practitioners have trouble keeping up with all the stops and starts. But a new comprehensive set of proposed regulations look like the real deal. (NPRM REG-142696-05)
Once an employer knows an employee will need FMLA leave, it cannot use that knowledge to the employee’s disadvantage. That’s true even if it’s only possible that the employee may need leave. It raises serious suspicions about your motives if you fire an employee shortly after he delivers notice he may need FMLA leave—and practically guarantees a lawsuit ...
Unions should think twice before inflating menacing rat balloons in New Jersey. The inflatable rat, long known as a symbol of protest against nonunion labor, has received a serious blow from New Jersey courts. In two recent cases, courts concluded rat balloons are not always protected speech under the First Amendment, nor are municipal ordinances banning sign balloons preempted by the National Labor Relations Act ...
The EEOC last month issued an extensive fact sheet that explains how federal anti-discrimination laws apply to pre-hire tests. The nonbinding guidance focuses on the best—and legal—practices for cognitive tests, personality tests, medical exams, credit checks and criminal background tests ...
Employers participating in Florida’s Drug-Free Workplace (DFW) program must be careful to follow its strict guidelines or risk incurring workers’ compensation benefit liability. In exchange for lower workers’ compensation premiums, Florida employers can agree to adopt the DFW program ...
When he became a media darling this year, New York City Mayor Michael
Bloomberg was clearly testing the waters for a presidential run.
Whatever his future, Bloomberg has decidedly changed the face of both
business and government.
Advances in genetic research have renewed attention on the workplace implications of genetic testing. Genetic research has many potential benefits. But there is growing concern that employers with access to genetic information may use it to discriminate ...
Some employers use personality or psychological tests to screen applicants and employees being considered for jobs or promotions. Proponents say personality tests are an economical way of screening employees. However, critics argue that these tests might not accurately reflect an individual’s honesty, integrity or other personality traits. Others say the tests violate the employee’s privacy ...
Michigan employers must comply with Michigan’s Persons with Disabilities Civil Rights Act (PWDCRA) and the federal ADA. Although the laws are similar, there are differences employers need to understand ...
Turn your 401(k) into an auto-enrollment plan, so that employees are enrolled automatically, unless they opt out. By adding this feature, it’s likely that a higher percentage of non-HCEs (highly compensated employees) will participate in the plan.
Some employers use personality or psychological tests to screen applicants and employees being considered for jobs or promotions. Proponents say personality tests are an economical way of screening employees. However, critics argue that these tests might not accurately predict an individual’s honesty, integrity or other personality traits. Others say the tests violate the employee’s privacy ...
Peter Giaccio Jr., a boilermaker for New York City’s Department of Transportation (DOT), sued the department for leaking the results of a random drug test that revealed marijuana use. Giaccio, being in a “safety-sensitive” position, was subject to random testing, which he failed twice ...
While you can encourage employees to follow certain Judeo-Christian values at work, such as cooperation, honesty and kindness, it’s never appropriate to require adherence to a particular religion or religious practices. Even if your organization’s leaders have strong religious beliefs, it must accommodate workers who don’t agree with that stance. That may mean excusing workers from retreats, prayer groups or other religious-based activities ...
Sometimes, truth is stranger than
fiction. That’s certainly true with the, um, “unique” religious
discrimination case that comes to us this month from America’s
heartland. The case hammers home a clear lesson: It’s never appropriate
for company leaders to force employees to adhere to certain religious
practice ...
Congress revived the research and development (R&D) credit in 2006.
But, once again, this valuable tax credit is scheduled to expire after
2007. Plow ahead with research activities. Separate from the R&D credit,
you may qualify for business research tax deductions.
You have the right to demand a drug-free workplace, but employees also have reasonable rights to privacy. That’s why drug testing and substance-abuse prevention programs carry big-time legal risks if they’re not managed properly. Employers can safely administer drug testing before hiring someone, during a fitness-for-duty test and after a preventable accident ...
Indiana’s unemployment compensation system, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The program draws from a public policy that assumes “economic insecurity due to unemployment is … a serious menace to the health, morale, and welfare of the people of this state and to the maintenance of public order” and is “essential to public welfare.” Indiana administers its unemployment compensation program through the Indiana Department of Workforce Development (www.in.gov/dwd/) ...
Q. We have a “no overtime without approval” policy. If employees put down overtime on their time sheets, do we have to pay it if the extra time isn’t approved? —A.W., Oregon ...
North Carolina’s unemployment compensation fund, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The program draws from a public policy that assumes “economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of this state” and the legislature is compelled to “lighten its burden [on] … the unemployed worker and his family.” North Carolina administers the law through its Employment Security Commission (ESC) (www.ncesc.com/) ...
The Retaliatory Employment Discrimination Act (REDA) is North Carolina’s super anti-discrimination law combining elements of several federal laws, including Title VII, the Fair Labor Standards Act, OSHA and USERRA. The Employment Discrimination Bureau in the state Department of Labor (www.nclabor.com/edb/edb.htm) enforces REDA ...
With an increasing number of employees just saying “yes” to drugs these days, you can expect more Indiana companies to develop random drug-testing programs and establish rules that allow them to fire workers who test positive or don’t cooperate with the test. One note of caution: Make sure you can demonstrate that your drug test results are accurate and reliable ...
Enrollment in health savings accounts (HSAs) is flat, and employee satisfaction with the pretax, consumer-directed plans is low, reports the Kaiser Family Foundation. Yet more organizations are offering them because employees who do participate have been found to spend less on health care than others. Here are five ways your organization can boost employee enrollment and satisfaction in HSAs ...
Q. I recently read a report that said drug use among employees actually went up in the past decade. We’re considering starting to do drug tests. What should our policy say? —L.U. ...
More and more employers are conducting criminal background checks on prospective and current employees, and that means employers are asking tough questions about prior arrests and convictions in the application process. To avoid potential liability, your company needs to develop practices and procedures for managing the process. You need to understand applicable state and federal laws concerning background checks ...
If you think your workplace is drug-free, chances are you’re wrong. According to a new government survey, one of every 12 U.S. workers uses illegal drugs. That’s up from earlier surveys. Here's more on the trend and what employers can do about it ...
Georgia courts generally don’t look kindly on overly broad noncompete agreements. If your organization uses noncompetes, make sure yours can meet the state’s tough standards ...
Q. What are the requirements for eliminating welding fumes? According to recent air contaminant testing, our employees are exposed to fumes that exceed the permissible limit. Michigan OSHA (MIOSHA) has not inspected us. Are we required to notify MIOSHA or the federal OSHA of the test results? Are we required to notify anyone else? ...
Employers use a wide variety of tests to determine whether job applicants can perform the jobs they seek. The tests usually measure the candidates’ knowledge, skills and abilities. But if tests cover anything other than the employee’s ability to perform the job’s essential functions, employers could find themselves defending the tests in court ...
Because of a quirk in the way the Equal Pay Act and the Fair Labor Standards Act have been amended over the years, female workers classified as exempt computer professionals under the FLSA can’t sue their employers for EPA violations ...
Various organizations offer an alphabet soup of certifications. But is certification even necessary for your career path? If it is, which certification is right for you? Here's a breakdown of your certification options. Do your homework: The most common certifications may not be your best career choice...
Florida’s courts have expanded protection for HIV-positive employees under the Florida Civil Rights Act. At first glance, the law appears to be a state version of Title VII of the federal Civil Rights Act and the ADA all rolled into one. But state court interpretation of the act may grant Florida employees protections they don't have under federal law ...
Marysville-based Scotts Miracle-Gro faces a discrimination suit from a lawn care technician fired last fall after testing positive for nicotine in violation of the company’s tobacco-free workplace policy ...
Many employers use "last-chance agreements" to give employees one final opportunity to turn around attendance, productivity and attitude problems. Here's good news if you use last-chance agreements on employees with drug and alcohol problems: The ADA and many state laws give you the leverage to keep employees clean ... and fire them if they're not ...
If you treat employees as if they're disabled, they'll garner ADA protections even if they're healthy as horses. Wait for skills testing and medical results to determine an employee's condition; don't make snap judgments ...
Employers and consumers alike have been wrestling with skyrocketing health care costs, with no end in sight. And while Congress has talked much about reforming the system, it's been spinning its wheels for years. The same can't be said for state legislatures, where lawmakers are actively passing laws to make coverage more affordable ...
Any tests you use to screen applicants should relate to the job, and you must be prepared to prove that they do. If you can't and a protected group of workers (e.g., women, minorities) tend to score poorly, you're just asking for a lawsuit ...
In most cases, requiring private-sector employees to take polygraph tests will create more harm than good. That's because the Employee Polygraph Protection Act makes it illegal to "require, request, suggest or cause an employee or prospective employee to take or submit to any lie-detector test," except in limited circumstances ...
If you require hourly employees to attend counseling or training workshops outside normal working hours as a condition of employment, you may need to pay employees for those hours. You may also need to pay the employees' travel time, too ...
Because customer service employees are on your front lines every day, don't just rely on a résumé and a good first impression to choose such vital personnel. New low-cost online tests can help you determine who has the right stuff ...
While Congress tries to hammer out the biggest immigration law changes in decades, Homeland Security is already cracking down. These developments will likely add new responsibilities and risks to your I-9 and visa practices ...
Employees with diabetes suffer more absenteeism and higher health costs. Sixty-two percent of larger employers have some kind of diabetes management plan, according to Mercer HR consulting ...
Recent immigration-related rallies have led many employees, mostly minority ones, to skip work on those days. That action sparked an important question in HR circles: How should employers react to unexcused absences caused by employees' attending political protests? ...
Pennsylvania employers that want to make sure their employees don't come to work under the influence of alcohol or illegal drugs should establish a random drug-testing program. State law makes employees ineligible for unemployment compensation anytime an organization bases its firing on employees' "failure to submit [to] and/or pass a drug test conducted pursuant to an employer's established substance abuse policy" ...
Supervisors and HR professionals must avoid stereotyping employees who have medical problems and never make assumptions about workers’ abilities to perform the job. Making uninformed comments about physical ailments is a quick way to land in court ...
When it comes to internal promotions, you’re on the safest legal ground if you set clear procedures. That way, employees who don’t land coveted promotions can’t claim the reason was discrimination ...
Say you want to implement a new training program for sales reps. But every time you propose a new HR initiative like this, executives question whether it can work or say the company can’t afford it. Next time, take a different approach ...
Why does “testing” bring about that sledgehammer-in-the-stomach feeling? Maybe because, as students, we never knew quite what to expect. Now, the same is true when it comes to a recent trend in employment-law cases: applicants and employees making phone calls to secretly test whether your organization is discriminating ...
Question: I'm an unemployed HR Manager and I recently interviewed for an Office
Manager position at a 45-person law firm. Believe it or not, the
Managing Partner asked me if I was married and had children. I really
think he didn’t know better because they don’t have any HR people
working at the firm.
Knowing
I shouldn't respond to the question, but yet needing the job and not
wanting to blow my chances of being hired, I answered the questions.
How should I have handled it?
I'm
thinking that if I get the job, then I should point out the illegality
of what he asked and inform him what he legally can and cannot ask. It
also crossed my mind that he knew exactly what he was doing and wanted
to see if I would answer the question. -- Susan
Question: I'm helping to plan an event in
April for Administrative Professionals and we'd like to create a
"goodie bag" with different treats.
We’d like to include a tag
with each item referencing each treat, such as a pack of Extra gum with
a tag saying “Thanks for going the EXTRA mile” or a miniature Crunch
bar and a note saying “You always help out in a CRUNCH.”
Has anyone done this before? Do you have any ideas you'd like to share? -- Ann
HR Law 101: Drug testing and substance abuse prevention programs can involve substantial legal liability if employers don't manage and administer them properly. If your organization decides to implement a drug testing program, there are ways to minimize the risk of employee lawsuits ...
HR Law 101: Over the years, the Supreme Court has developed a framework for testing whether an employer’s actions are evidence of discrimination or the result of legitimate business practices. The test (often referred to as the McDonald-Douglas burden-shifting test) has three parts that shift the burden of proof of wrongdoing back and forth between the plaintiff and the employer ...
Why does testing bring about that sledgehammer-in-the-stomach feeling?
Maybe because, as students, we never knew quite what to expect. Now,
the same is true when it comes to a recent trend in employment-law
cases: applicants and employees making phone calls to secretly test
whether your organization is discriminating. While
the U.S. Supreme Court has long acknowledged the importance and
legality of such testers in civil-rights claims, two new court cases
offer critical lessons for employers ...
Q. I have an employee who says that our drug-testing program is a violation of his constitutional rights. What can I tell him (or show him) to prove that we’re well within the law? —S.H., Texas
Q. Can we suggest psychiatric help for an employee who we suspect may be having trouble with substance abuse? And can we require a random drug test? —H.J., Texas
Q. One of our employees was recently in jail for traffic and drug violations. Before he returns to work, what guidelines can we follow to ensure that he's drug-free? Will we be discriminating if we require a drug test before allowing him back on site, even though we didn't require this test when he was hired? —M.Z., Washington
Q. We are a small but growing construction company, and we don’t have formal policies in place. Recently, one of our employees was involved in an accident at a construction site. This is his third accident. After the second time, we had him sign a warning notice that said he’d be terminated if it happened again. We sent him for drug testing after this third accident and he came back positive for cocaine. We want to terminate him. But we suspended another worker who tested positive for marijuana. Can we fire him? —B.O., Pennsylvania
While the Fair Labor Standards Act says certain computer professionals are exempt employees, be ultra-cautious about applying this exemption.Courts are littered with cases of employers being punished for wrongly applying exempt status to lower-level IT workers, such as help-desk staff (aka “IT support specialists”) ...
Before you create an applicant screening test—whether it’s for a manual-labor or white-collar position—make sure that it relates directly to the work that person will be doing. “Somewhat applicable” tests won’t fly in court ...
HR Law 101: When a new hire comes on board, you must determine whether to classify him or her as exempt or nonexempt under the FLSA. The key consideration: Exempt workers aren’t eligible for overtime pay. Rather, they’re paid for the job they do, not the hours they keep ...
HR Law 101: To be considered exempt from overtime, an employee must generally be paid on a salary basis and his or her job duties must meet the Labor Department’s standards for one of the six exemption categories. Use this self-audit to test whether you’re properly classifying your workers as exempt under the FLSA ...
HR Law 101: As AIDS continues to affect all segments of the population, the workplace is feeling the consequences. Employers are now compelled to confront issues related to AIDS, such as employees’ fear of the disease, company policy decisions and benefit programs ...
HR Law 101: Most organizations ask candidates to fill out a job application. Make sure that yours meets federal, state and local requirements. Don’t ask for information that could be considered discriminatory ...
HR Law 101: Many organizations use pre-employment tests to screen applicants. But be aware of the risks involved. Unless you can demonstrate that a test measures job-related qualities and fulfills a business necessity, you could be exposing your organization to charges of discrimination ...
HR Law 101: The Americans with Disabilities Act prohibits discrimination against qualified applicants on the basis of a physical or mental disability. The law allows you to ask about an applicant's ability to perform a job's essential functions but not about a specific disability ...
Texas unemployment compensation law, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The law is administered by the Texas Workforce Commission ...
Florida’s unemployment compensation law, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The law is complex and in some cases holds employers liable for unemployment insurance payments even when former employees weren’t fired but quit their jobs ...
Georgia’s unemployment compensation law, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The Georgia Employment Security Law is complex and in some cases holds employers liable for unemployment insurance (UI) payments even when former employees weren’t fired but quit their jobs ...
Pennsylvania’s unemployment compensation law, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The law is administered through the Pennsylvania Department of Labor ...
The Pennsylvania Medical Pay Act requires employers to bear the costs of employee medical examinations when those exams are a condition of employment ...
New Jersey’s unemployment compensation law, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The law is complex and in some cases holds employers liable for unemployment insurance (UI) payments even when former employees weren’t fired but quit their jobs ...
New York’s unemployment compensation law, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The law is complex and in some cases holds an employer liable for unemployment insurance (UI) payments even when a former employee wasn’t fired but quit ...
California’s unemployment compensation system, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The law is complex and in some cases holds an employer liable for unemployment insurance (UI) payments even when a former employee wasn’t fired, but quit ...
Ohio’s unemployment compensation system, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The law is complex and in some cases holds an employer liable for unemployment insurance (UI) payments even when a former employee wasn’t fired but quit ...
The Illinois Unemployment Insurance Act, like that of many other states, provides temporary payments to employees who lose their jobs through no fault of their own. The law is complex and, in some cases, holds an employer liable for unemployment insurance (UI) payments even when a former employee wasn’t fired but quit ...
The Michigan Employment Security Act governs the state’s unemployment compensation program. As in many other states, the law provides temporary payments to employees who lose their jobs through no fault of their own. The law is complex and in some cases holds an employer liable for unemployment insurance (UI) payments even when a former employee wasn’t fired but quit ...
Question: I'm the
HR representative in a small financial-planning firm. We're looking for
a really good executive assistant to support our three principals, but
we're having trouble weeding out the candidates who sound good from the
ones who really are.
Has anyone used a type of skill test to give at an interview, or can you point me in the right direction?
We're not asking for anything more than a very good, competent,
organized person, and I know they're out there. Does anyone have any
advice for this situation? -- jodietz
New survey data from NFI Research indicate that most senior executives
and managers rely on likability — that “good ol’ gut feeling” — when
hiring and promoting people. Bad move. Very bad move.
Beware: The IRS has targeted small business owners and self-employeds for audits over the next few years. In fact, the effort is already under way, and you may be one of those singled out for the sting of an investigation.
In some ways, Coretta Scott King fit the ideal of a traditional wife and mother. Former
U.S. Ambassador Andrew Young remembers when he was an aide to her
husband, the Rev. Martin Luther King Jr., and the civil rights leader
would bring home 15 people. “She’d get up and cook breakfast and never make a fuss,”Young says of Mrs. King. “I never heard her complain about anything.” But reminiscences like that hide the woman’s true leadership.
Customer-service workers are the face of your company, and they’re especially vital at smaller businesses. So, don’t just rely on a résumé and a good first impression to choose such employees.
Issue: Too often, hiring managers will poorly define to HR the type of employee they're looking to hire. Risk: This can result in wasted time and costs, plus mounting frustration ...
As a small business owner, your company's 401(k) plan is one of the best deals around. You can salt away part of your salary tax-free within generous limits, while the company matches all or part of your deferral.
Golden opportunities are rare in business. They’re also hard to predict because they arise from random, unconnected events. That’s why practicing active waiting makes sense. Here’s what we mean:
Can you trust negative drug test results anymore? The Internet is flooded with products, more than 400, according to a Business Insurance report, that help employees and job candidates cheat ...
Can you trust negative drug test results anymore? The Internet is flooded with products, more than 400 by one count, that help employees and job candidates cheat on drug tests. The ...
Issue: A recent court ruling says certain employment personality tests may violate the ADA. Risk: If your test screens out people with mental disorders, it could be deemed an illegal ...
Issue: Experts say that up to 30 percent of job-seekers stretch the truth or flat-out lie on their rÃ?sumÃ?s. Benefit: By approaching applicants and their rÃ?sumÃ?s more skeptically, you'll have ...
Leaders in innovation change the rules of the game, says Karl Ronn, a
vice president at Procter & Gamble. His company’s change in
mind-set led its product developers to try switching from
chemistry-based to physics-based cleaning products. So far, P&G has
used this new stance to hit one home run: the Swiffer. Once you’ve changed the rules, use these three important benchmarks to test your innovations:
THE LAW. The Age Discrimination in Employment Act (ADEA) makes it illegal to discriminate in the work-place against people over age 40 on the basis of their age. The law ...
When you or your hiring managers need to fill an open slot fast, it may be tempting to skip steps in the application process. But don't do it. Follow the ...
If your job-screening process includes personality testing, review that test now to see if it includes any questions that could be considered "medical inquiries" revealing a person's mental disability. And check ...
Nobody's getting any younger. But if you own a small business and you're older than most of your employees, you may be able to max out on your retirement plan and jump-start your nest egg. That's especially true if your company doesn't have a retirement plan in place or you haven't been able to max out on plan contributions.
Question: What do you do when you have a highly responsible position working for a company
that has very limited internal structure or rules and a boss who is sometimes
deceitful and difficult to work for?
I have no internal resources such as a human resources
department (I'm the person who handles that function), and I work in an "at
will" state, where an employee can be fired for any reason at any time. When I
voice my opinions on improvements that can be made within the company, they are
usually rejected. When I request assistance with my position (which is a
catch-all of office management, hr, receptionist, admin. assistant), it falls on
deaf ears.
My boss has never been straightforward with the employees and
behaves in a somewhat deceptive manner. I have co-workers who would rather
"back stab" than attempt to have productive working relationships with each
other. I can't rely on what I have been told and never know what to expect on a
daily basis.
The biggest problem is that I desperately need the job for the
money. I realize that resignation is always an option, but I haven't been able
to find another job with comparable duties or pay.
The latest event is that I have been advised my position is
being restructured, yet somehow, that really meant I was being demoted.
Recently, I received a raise, but got even less respect due to a lower job
title. I really think I'm being kept around only for my skills and knowledge,
and I feel I'm being used. Now what do I do, or what recourse do I have? -- Anonymous
When you or your hiring managers need to fill an open slot fast, it may be tempting to skip steps in the application process. But don't do it; follow the proper ...
You'll soon have access to a new nationally recognized test that can help you gauge entry-level applicants' job readiness. The U.S. Chamber of Commerce is spearheading development of the Equipped for ...
Workplace drug testing's popularity has gradually fallen since peaking in 1996, when 81 percent of employers surveyed by the American Management Association (AMA) said they tested. By 2004, that percentage had ...
Issue: Personality tests are the first line of hiring defense at many organizations. Nearly 30 percent of employers use such tests. Risk: A poorly designed test can open you up ...
Issue: Business and government leaders will unveil a new national job-readiness test next year that you can give entry-level applicants. Benefit: Cut down on bad entry-level hires. Spot high-school grads ...
Many employers use personality tests to identify job-related characteristics, such as maturity or emotional stability. But these tests can carry legal risk when applied incorrectly. If you use personality tests, ...
A police department ordered one if its officers to provide a hair sample for a drug test after it suspected him of using cocaine. The test, which involved shaving a patch ...
Don't track applicants' race, sex, religion, age or national origin information on their applications or any other pre-offer documents unless you're required to do so under certain affirmative-action laws. And if ...
For at least 20 years, and probably much longer, a legend has circulated about the business or military leader who takes prospective hires out to eat and observes their behavior.
Early on, Neil Armstrong didn’t want to be an astronaut. From a young age, he wanted to design aircraft. He took up flying later because he thought a designer should know how planes work. He became a “stick-and-rudder man.”
Issue: More employers are testing job candidates by hiring them as temps first. Risk: Temps converted to regular staff often fly under the radar of pre-employment checks, plus create other ...
Part-time electricity-board employee and burgeoning author Corinne Maier has vaulted into prominence by advocating "active disengagement" among French workers ... the kind of creative inertia you’d expect from Wally in the cartoon strip “Dilbert.”
Issue: When can (and should) you use personality testing to screen applicants? Benefit: More tests are available online, which makes them easier and cheaper ...
Excellence guru Tom Peters says we learn the most and grow the fastest when we tryout lots of new ideas and kill them immediately if they don’t work out.
Organizations that hire commercial drivers must now collect, and provide to other employers, more details from their driver applicants. Reason: The U.S. Transportation Department's Federal Motor Carrier Safety Administration (FMCSA) ...
The U.S. Transportation Department has unveiled new rules that require employers to more closely review applicants' professional driving safety records and drug-testing history. The rules also require you to make that ...
Reason: The U.S. Transportation Department unveiled new rules last month that require employers to more closely review applicants' professional driving safety records and drug-testing history.
If job candidates approach you with a written report attesting to the validity of their résumés, don't stop your background check there. Probe deeper with your own, independent check. New ...
Issue: Cheap new products make it easier to thwart workplace drug tests. Risks: You could inadvertently be adding more substance abusers to the payroll. Action: Thwart drug-test cheaters with ...
When an employee gives you a Social Security card or other document to complete the I-9 Form, how far must you go to prove that the document is genuine? You can ...
Issue: Employees who miss work frequently often show predictable patterns. Benefit: Knowing which people are likely to avoid work can help cut costly absenteeism. Action: Once you know how ...
Issue: How to meet your "interactive process" requirement with disabled employees to create accommodations. Benefit: You can reject an employee's accommodation request if the worker doesn't cooperate in the interactive ...
Issue: How to follow Americans with Disabilities Act rules requiring an "interactive process" with disabled employees. Benefit: You can reject an accommodation request if the employee won't cooperate in the ...
In a competitive business environment, your company may be hard-pressed to keep up with the Joneses. Often, that requires sinking extra cash into research that may or may not result in profitable products.
Issue: Punishing workers for protesting work conditions could constitute "unfair labor practices", even if your work force isn't unionized. Risk: Defending an NLRA claim ...
If you hire commercial drivers, prepare to start collecting more pre-hire information from applicants. The Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) wants employers to ...
The Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has proposed new rules requiring companies that employ commercial drivers to collect more pre-hire information about applicants' employment history, including their ...
THE LAW. Pre-employment tests are an effective tool to discover applicant's skills or abilities that can't be gleaned from an application or interview. And ...
Issue: Community colleges provide high-quality employee training at a reasonable cost. Benefit: Employees learn new skills and feel more loyal to your organization ...
THE LAW. You have the right to demand a drug-free workplace, but employees also have reasonable rights to privacy. That's why drug testing and substance abuse prevention ...
Steer clear of drafting (or continuing to follow) a company policy that says all employees involved in workplace accidents will automatically receive ...
What if your independent contractors wake up tomorrow and decide they actually should be considered employees? Too many companies think they've got a bulletproof ...
Three apartment maintenance workers refused to scrape and paint a water-damaged ceiling after they saw a TV report on airborne-asbestos health risks. When they voiced a concern, their supervisor said there ...
Joel Hernandez had worked for Hughes Aircraft for 25 years when he tested positive for cocaine during a workplace drug test. Rather than be fired, he resigned. The company noted in ...
Charles Sledge, an African-American builder at a tire manufacturing plant for 23 years, was repeatedly denied the chance to interview for a promotion to mechanic. In every case, the positions were ...
Wal-Mart fired truck driver Joseph Tracz after he tested positive for drugs. When he applied for another job, Tracz signed an authorization form allowing Wal-Mart to release his past drug tests. ...
Woodbridge Corp., a manufacturer of foam padding, used a wrist test to help identify job applicants who might be susceptible to carpal tunnel syndrome. If applicants' test results were abnormal, Woodbridge ...
If you're not testing employees for drugs yet, some of your best excuses are going up in smoke. New testing devices are cheaper and less invasive than urine tests. Example: Products ...
The Fair Labor Standards Act's overtime exemption for computer professionals is narrower than some employers assume, and high-tech employee groups are spreading the word. To be exempt from overtime pay ...
If you're weighing the costs of testing workers to predict future disabilities, don't forget to count the attorney fees. The Equal Employment Opportunity Commission (EEOC) recently called genetic testing by ...
No union, no problem. Right? Not really. Even if your company isn't unionized now, you can't afford to be oblivious. Just ask Amazon.com. In the thick of the holiday shopping ...
The proportion of major U.S. companies that require new or current employees to submit to drug tests slipped to 66 percent this year, down from 70 percent last year and 74 ...
If you operate a small business, don't take it for granted that you're immune from state discrimination laws. It's true that state anti-bias laws don't apply ...
Jack Eaton got the boot after a drug test showed he'd been using marijuana and cocaine. Yet a court said he can still collect unemployment compensation, because his employer gave the ...
Applicants had to pass three tests to be considered for a quality helper position at a Minnesota Mining and Manufacturing Co. (3M) plant. Mary Austin failed all three. She claims ...
Some employees think like scientists. They process information by testing it. They like to graph data and diagram their theories. Hunches or unfounded assertions don’t hold water with them.
You have little or no background in technology. But you must still
manage a range of projects that involve significant investments in
computers and related high-tech tools. Don’t fret.
Career coaches claim that by helping you to burnish your image and plot
your next move, they’ll guide you to a happier state. But at an hourly
rate of $75–$150, what do you get?
