Tag: Law

10 QUESTIONS AN EMPLOYER ABSOLUTELY CANNOT ASK DURING AN INTERVIEW

Posted by Kyle Lee, ESQ. on with 0 Comment
You just got the interview and you are preparing for the questions that your future employer may ask.  It’s a great idea to be prepared, but you should know that there are questions that employers are not allowed to ask during an interview.
  1. Do you have a disability?
  2. How old are you?
  3. Are you pregnant?
  4. What race are you?
  5. Do you suffer from any diseases?
  6. When were you born?
  7. Are you married?
  8. Were you born in the United States?
  9. What kind of accent is that?
  10. Which religious holidays do you observe?
Sometimes employers ask the above questions, or some variation of them, in order to gain information about a prospective employee’s membership in one or more protected class. These questions are illegal because hiring decisions should be made based on a prospective employee’s ability to perform the job duties, not on physical characteristics.

Give Me a Break!

Posted by Kyle Lee, ESQ. on with 0 Comment

I am often asked if employers are required to give their employees breaks during the day. Unfortunately, the answer to that question is no.
Employers are not required to give their employees breaks during the day, not even a lunch break. It seems logical that employers would be required to provide breaks but, at this time, the law does not force employers to do so.
But like every rule, there are some exceptions. First, employers are required to give nursing mothers breaks to expel milk. In fact, they are even required to provide nursing mothers with a clean, private room to use. Second, employers are required to allow disabled employees to take breaks at work if the break helps with the employee’s disability.