‘Hiring and Staffing’ Category
Employment Application
Can you ask on an employment application if the applicant has ever failed or refused to take a drug test?
The legal issue here is that by asking about an applicant’s former drug use, you may be getting into Americans with Disabilities (ADA) territory. The ADA protects former drug users who have been successfully rehabilitated. Current users are not protected, but this information would theoretically be obtained via pre-hire drug testing.
Additionally, hiring and other employment decisions should be based on the applicant’s ability to perform the job. Whether or not an applicant used drugs in the past is not really relevant to his or her ability to perform a job now, so this line of questioning is inappropriate for the application and interview stage. If you wish to ascertain whether or not the applicant is currently using drugs, a pre-hire drug test would be the way to go.
Panel Interview Documentation
At my company we use a lot of panel interviews of 3-4 interviewers for our selection process. We know we need to document interviews with questions and candidate responses for each interview session that takes place, but with multiple members on a team is there any need to get notes from each individual interviewer, or just one set of notes for each interview?
- The purpose of using several interviewers is presumably to obtain feedback from each. If you are going to use the feedback of each individual, it is recommended that you maintain documentation from each.
FMLA hire back
We have an employee who has exhausted her fanily leave and will be terminated. Can we hire her back in another position if one comes available later.
- Yes, it is legal to do so unless your company has a no-rehire policy in place.
Mandatory overtime
In the state of Tennessee, how many hours in a 24 hour period can a company require you to work? My shift begins at 5pm and is supposed to end at 5am. This morning, my relief did not show up. How long can the company make me stay? This is not the first time this has happened.
Except for certain jobs that are considered potentially hazardous, such as mining or commercial transportation, there is no legal limit to the number of days or number of hours per day an exempt or nonexempt employee may be required to work.
Nonexempt employees must, of course, be paid overtime for any hours worked in excess of forty in one workweek per the federal Fair Labor Standards Act (FLSA), and some states impose additional overtime requirements. Exempt employees, on the other hand, do not receive overtime pay, regardless of the number of hours or days they work in a workweek, but there is no legal limit to the amount of time they may be required to work.
In the interest of employee safety and morale, it is wise for employers to allow an adequate amount of time off for exempt, as well as nonexempt employees, but there is not a legally-mandated amount of time off required.
Form I-9 auditing and E-Verify
Hi,
We are performing an audit of our Form I-9s and have discovered that we will need some employees to complete new forms due to errors when they were originally filled out (doing so as a good faith effort). However, since they were hired we have begun participating in the E-Verify Program. Should these new I-9s be entered in E-verify, since they are being collected after we started the program, or should they not be entered since you are only supposed to run new hires after starting E-verify. Our confusion lies in whether or not I-9s should be e-verified for new hires post implementation, or should they be e-verified for I-9s collected post implementation.
On a similar note, when old employees need to be re-verified, do we process this through e-verify? Or no, since they were hired prior to e-verify implementation.
Thank you!
Unless you are a federal contractor, you are not permitted to use the E-verify system to verify the employment eligibility of existing employees. Use the E-verify system only for new employees hired after your E-verify implementation date. Updates and reverifications, such as for expired documents, etc., should be completed on the appropriate section of the Form I-9.
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overtime hours!!!
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