Q: Even admitting I administer for professional-level jobs, best places ask what years I accelerating from aerial school, college, etc.
Obviously, if I put bottomward that I accelerating in 1974, they apperceive I am over 45. How can this be legal? If I change jobs again, how should I handle that question? It’s an accessible way for an employer to discriminate.
A: Although it’s not actionable to ask questions that may acknowledge an applicant’s age, the Equal Application Opportunity Commission’s regulations announce that such questions will be carefully scrutinized to actuate if there is a accepted business charge for the admonition that does not bulk to age discrimination.
For example, an employer that conducts accomplishments checks to verify educational accreditation would accept a accepted charge for aerial academy and academy graduation dates, although it ability be bigger to appeal dates of graduation afterwards a acting action of application has been extended.
If an employer does not verify educational information, however, there would not arise to be any accepted acumen for allurement for graduation dates. Administration do accept a right, in any event, to crave applicants to accompaniment whether they accept accelerating from aerial school, academy or added schooling. In an era in which adornment and absolute lying on resumes are common, administration accept a accepted absorption in acute applicants to accredit on their job applications that the educational accomplishments (as able-bodied as application history and added information) provided is correct.
–James J. McDonald Jr.
Attorney, Fisher & Phillips
Labor law instructor, UC Irvine
Tanker Disciplinarian Is Not Advantaged to Overtime
Q: My bedmate has been alive as a tanker disciplinarian alteration gasoline and agent for about three years. An boilerplate b varies from 10 to 12 hours, and on break it can be up to 14 hours.
He has never accustomed overtime pay because his employer says tanker drivers are absolved from the overtime law. Is this true?
A: Unless your bedmate is covered by a abutment arrangement acute overtime premiums, his employer is actual and he is not advantaged to overtime pay.
Drivers of tankers or added rigs with added than two axles are absolved from accompaniment overtime requirements, as are drivers of beyond two-axle trucks. The federal overtime law additionally does not administer to your bedmate because it accurately exempts barter drivers whose assignment is adapted by the U.S. Department of Transportation. Although your bedmate may not be advantaged to overtime, the Department of Transportation has bound the cardinal of hours he can accurately work. The accepted aphorism permits drivers to be abaft the caster up to 15 hours over a 24-hour period. This aphorism was accounting in 1935, adapted in 1937 and aftermost revised in 1962 by the now-defunct Interstate Commerce Commission.
–Joseph L. Paller Jr.
Union, agent attorney
Gilbert & Sackman
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