Employment Law Blog

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Showing posts for: Q&A

Photo of Sean Brown
Aug 08 2017
Q&AWage and Hour  

Can employees volunteer to work?

Q: We’re working with new equipment and a few employees have asked us if they can volunteer to stay after their shift to learn how to use the new technology that operates the machines—should we let them?

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Photo of Jodi Slavik
Jul 18 2017
Q&APrivacy & Confidentiality  

Think twice before telling the truth about former employees

Q: We just got a call from a business that wants to check on a former employee. They faxed a release she signed waiving liability for information we share. Are we safe telling them the truth about what a bad employee she was?

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Photo of Sean Brown
Jul 13 2017
Q&ALabor Relations  

Employees wearing protest attire and using work email to stir the pot

Q: We have employees showing up to work with buttons that promote a minimum wage increase and using their company email accounts to organize protests of our company policies. Can we stop them from doing this?

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Photo of Jackie Marks
Jul 10 2017
Q&AHarassment & DiscriminationHiring  

Q&A: Should we use employment tests to help us identify the best candidates?

Question: My company is hiring, and a testing company tells us that it can help us identify the best candidate for the job. What do you think?

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Photo of Jackie Marks
Jul 05 2017
Q&ADisabilityHarassment & DiscriminationHiring  

Q&A: Post-offer medical testing problematic when hiring temp agency employees

Question: We currently contract with a temporary employment agency for workers and will hire some of these workers after 90 days of successful work. We require all new regular employees for production and maintenance positions to undergo a pre-employment (post-offer) medical test. When we offer regular jobs to the temp…

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Photo of Jodi Slavik
Jun 12 2017

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?

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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?

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Photo of Jackie Marks
May 05 2017
Q&ADisabilityDrug and Alcohol  

Q&A: Is leave for jail time a reasonable accommodation for alcoholism?

Question: We have an employee who requested time off because he was in jail due to a Driving Under the Influence (DUI) conviction. We want to take action due to his excessive absenteeism. Do we have to grant him time off as a reasonable accommodation for alcoholism?

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Photo of Karen Davis
Apr 27 2017
Q&ASafety and HealthWorkers’ Comp  

Q&A: Can we discipline for failure to promptly report an injury?

Question: Today an employee said she hurt her back at work three days ago. Our policy requires immediate reporting of work-related injuries. Can we write up the employee for failing to promptly report her injury?

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