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Answers to Common Legal Questions

May 15, 2003
Related Topics: Miscellaneous Legal Issues, Featured Article
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This is intended to provide useful information on the topiccovered, but should not be construed as legal advice or a legal opinion. Alsoremember that state laws may differ from the federal law.

COBRA

Payments (EBG response)
Theft and Cobra (EBG response)

Disabilities

ADA Home Page (U.S. Department of Justice)
AIDS and the ADA (U.S. Department of Justice)
Can HR Legally Ask the Questions That Applicants with Disabilities Want to Be Asked? (Workforce site)
Charges Filed Against You…What to Do (Information from the U.S. EEOC)
Confidentiality (from the U.S. EEOC)
Facts About the Americans with Disabilities Act (from the U.S. EEOC)
Finding Qualified Workers (from the U.S. EEOC)
Handicap Access (EBG response)
Hiring Dos and Don’ts (from the U.S. EEOC)
Job Accommodation Network (free consulting service)
Medical Information from Employees (from the U.S. EEOC)
Reasonable Accommodations (from the U.S. EEOC)
Tax Incentives (from the U.S. EEOC)

Discrimination

Age Discrimination (from the U.S. EEOC)
Compensation Discrimination (from the U.S. EEOC)
Discrimination Based on Accent: Two Questions Employers Should Ask (Workforcesite)
Job Discrimination Questions And Answers (from the U.S. EEOC)
National Origin Discrimination (from the U.S. EEOC)
Non-Smoking Environment, is it Illegal Discrimination? (EBG response)
Pregnancy Discrimination (from the U.S. EEOC)
Race/Color Discrimination (from the U.S. EEOC)
Religious Discrimination (from the U.S. EEOC)
Sexual-Orientation Discrimination (Workforce site)
Termination and Pregnancy Discrimination (Workforce site)

FMLA

Are You Ready for Paid Family Leave? (Workforce site)
1250 Hours (EBG response)
COBRA and FMLA (EBG response)
Compliance Assistance (from the U.S. Department of Labor)
Company Shutdowns (EBG response)
Employee Eligibility and the FMLA (Workforce site)
Entitlements When Returning from FMLA Leave (EBG response)
Expiration and Termination (EBG response)
Fathers (EBG response)
Maternity Leave (EBG response)
Notification by Employer (EBG response)
Pregnancy-related Medical Appointments (EBG response)
Pregnancy Discrimination (Workforce site)
Returning Back to Work (EBG response)
Sick Leave and FMLA (EBG response)
What You’re Allowed to Do Under the FMLA (Workforce site)
Workers’ Comp, FMLA, and Termination (EBG response)
Write Your FMLA Leave Policies Carefully (Workforce site)

Harassment

Ex-spouses in Workplace (EBG response)
Facts About Sexual Harassment (Information from the U.S. EEOC)
Policy Acknowledgement Forms (EBG response)
Religious Harassment (EBG response)
Ten Things to Include in Harassment Policies (Workforce site)
Think Before Hiring Outside Agency to Investigate Harassment (Workforce site)
What Should Your Harassment Policy Include? (Workforce site)
When Does Religious Expression Become Religious Harassment? (Workforce site)
When is an Employer Vicariously Liable for Racial Harassment? (Workforcesite)
Wording in Sexual Harassment Policy (EBG response)

HIPAA

Covered Entity Decision Tools (Centers for Medicare & Medicaid Services)
Health Information Must Stay Private (Workforce site)
Maintenance of HIPAA Standards and Frequently Asked Questions (DesignatedStandards Maintenance Organization)

Immigration and Visas

False Immigration Documents (EBG response)
Frequently Asked Questions About Employment Eligibility (Information from theU.S. Immigration and Naturalization Service)
H-1B Frequently Asked Questions (Information from the U.S. Immigration andNaturalization Service)
Handbook for Employers; Instructions for Completing Form I-9 (Informationfrom the U.S. Immigration and Naturalization Service)
Hiring Canadian Citizens (EBG response)
I-9 Documentation Practices (EBG response)
I-9 Recordkeeping (EBG response)
Is it Illegal to Ask About Citizenship? (EBG response)
Office of Business Liasion (Information from the U.S. Immigration andNaturalization Service)
Where to File Completed I-9 (EBG response)

Independent Contractors

Employee or Independent Contractor? An Explanation from the IRS (Workforcesite)
Hiring Independent Contractors (NOLO Web site)
I-9 Documentation and Independent Contractors (EBG response)
Keeping Independent Contractor Status Intact -- the 20 Factors (Workforcesite)
Seven Costly Myths About Managing Contract Workers (Workforce site)
Training Materials for IRS Examiners on Worker Classification (a 160-page IRSdocument in PDF format)

Interviewing

Consistency in Interviewing Questions (EBG response)
Disclosure of Personal Information (EBG response)
Illegal Questioning (EBG response)
Interview Questions: Legal or Illegal? (Workforce site)

Miscellaneous

Access to Personnel Files (EBG response)
Alcohol at Company Events (EBG response)
Background Checks and Conditional Job Offers (EBG response)
Dress Codes (EBG response)
Employee Fraternization (EBG response)
Legal Examination of Testing (Workforce site)
Personal Grooming (EBG response)
A Sample Dress Casual Policy (Workforce site)

Non-compete Agreements

Non-Competes that Will Stick (Workforce site)

Overtime

Handy Guide to the FLSA (Labor Department)
How to Classify Employees (Workforce site)
Labor Department Offices
Outside Sales (EBG response)
Overtime Pay Requirements(Labor Department)
Supervisors and Overtime (Workforce site)

Substance Abuse

Alcohol Testing and the ADA (Workforce site)
Center for Substance Abuse Prevention (Workplace Resource Center)
Database on Substance Abuse and Tobacco in the Workplace (InternationalLabour Organization)
Drug Abuse Testing (Workforce site)
Drug-Free Workplace Advisor (Labor Department)
Model Substance Abuse Policy (Workforce site)
Starting a Drug Testing Program (Workforce site)
Substance Abuse Information Database (Labor Department)
Substance Abuse: Think Twice Before Implementing Zero-tolerance (Workforcesite)
Telltale Signs of a Substance Abuser (Workforce site)
Working Partners for an Alcohol- and Drug-Free Workplace (Labor Department)

Termination

Delivering the Termination Message (Workforce site)
How Far Do You Have to Go Before Firing an Employee? (Workforce site)
Layoff…How Many Reasons Do I Need? (EBG response)
Paying Vacation for Terminated Employees (Workforce site)
Termination Checklist (Workforce site)
WARN Act (layoff notice) Checklist (Workforce site)

Workers’ Compensation

Injured Employees: A Supervisor's Checklist (Workforce site)
Injury at a Company Event (EBG response)
Laying off a Workers’ Comp Employee (EBG response)
Prior Employee Claims (EBG response)
The Soaring Costs of Workers’ Compensation (Workforce site)
Workers' Comp and FMLA (EBG response)
Workers’ Compensation Savings Strategies (Workforce site)

 

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