Employment Law Blog

News, trends and analysis in employment law and HR

Search Blog

Showing all recent posts

question image
Question of the Month

Q&A: Employer doesn’t have to promote to accommodate disability

Q: We have a production employee with a medical condition whose doctor said no work “near dust or contaminants.” We tried several options, including buying a respirator and moving her to different positions on the floor. Instead she wants an open sales job that pays more. Do we have to give it to her?

Read Our Answer
Photo of Jodi Slavik
Jun 15 2017
Drug and Alcohol  

Positive drug tests on the rise

In a report released May 16, 2017, Quest Diagnostics revealed that American workplace drug testing has reached its highest positivity rate in 12 years. After analyzing more than ten million drug test results in 2016, Quest found that workers tested positive in 4.2 percent of all urine tests—a 5 percent jump from…

Read More…
Photo of Jodi Slavik
Jun 12 2017
Q&ADisability  

Q&A: Employer doesn’t have to promote to accommodate disability

Q: We have a production employee with a medical condition whose doctor said no work “near dust or contaminants.” We tried several options, including buying a respirator and moving her to different positions on the floor. Instead she wants an open sales job that pays more. Do we have to give it to her?

Read More…
Photo of Trish Leimbach
Jun 08 2017
Workers’ Comp  

5 Reasons Early Return-to-Work Leads to Better Results

Let’s put one workplace myth to rest right now: an injured employee who returns to work in a light duty position isn’t going to bust the morale of fellow co-workers. Period. Seeing their co-worker back on the road to recovery by performing lighter tasks and transitioning back to full duties will more than…

Read More…
Photo of Karen Davis
Jun 02 2017
Harassment & DiscriminationWage and Hour  

Layoffs, job restructuring, and wage freezes no excuse for unequal pay

A furniture manufacturing company blamed tough economic conditions as the reason for paying three female managers less than their male counterparts, but a federal appeals court didn’t buy it.

Read More…
Photo of Diane Buisman
May 30 2017
Harassment & Discrimination  

Federal courts split over sexual orientation discrimination

A recent string of federal appeals court cases regarding sexual orientation discrimination has shone a light on an area of open interpretation under federal law. Under Title VII of the Civil Rights Act, individuals are protected from discrimination based on sex, but the law doesn’t explicitly encompass protection based on sexual…

Read More…
Photo of Jodi Slavik
May 26 2017
HiringImmigration  

A glitch in the system: Are you using the correct Form I-9?

On April 6, 2017, U.S. Citizenship and Immigration Services (USCIS) disclosed on its “what’s new” feed that an early version of the new Form I-9 contained an internal technical error. Then on April 17, the agency alerted the Society for Human Resource Management (SHRM) that some HR professionals are inadvertently using that bad form.…

Read More…
Photo of Trish Leimbach
May 25 2017
Workers’ Comp  

Safety Violations Cost Washington Company More Than $642K

All the accident-free days in the world may not be enough to save you from costly fines for workplace safety violations. One Washington company found this out the hard way.

Read More…
Photo of Karen Davis
May 16 2017
Affirmative Action  

OFCCP announces significant financial settlements

Wrapping up some high-profile cases following affirmative action audits, the Office of Federal Contract Compliance Programs (OFCCP) recently announced three significant settlements, two of which were in the OFCCP’s Pacific Region:

Read More…
Photo of Kandis Sells
May 15 2017
Q&ALeave Laws  

Unmarried employee entitled to FMLA when girlfriend gives birth?

Q: A female employee requested two weeks off to be with her pregnant girlfriend when she gives birth. The employee is not married or living with this girlfriend, and the baby is not biologically hers. Of course we will give her the time off, but does it count as FMLA?

Read More…