Disability  

EEOC rescinds rules on wellness incentive limits for now

Effective January 1, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) has officially rescinded its regulations that allowed employers to offer wellness incentives of up to 30 percent of the cost of employee-only health coverage. As we previously reported a year ago, a federal district court determined that the EEOC didn’t have…

Q&AWage and Hour  

Q&A: Ensure proper pay for after-hours emails

Question: I have a dedicated, hard-working employee, a Production Lead, who always stays on top of their work, often checking and responding to work emails after hours but not recording the time. What is my obligation, if any, to pay them for this time? Answer: Your organization is potentially facing exposure…

DisabilityEmployee BenefitsEmployee Classifications  

Best practice idea: Follow up after making disability accommodation

One of our Vigilant members has implemented a best practice that we think is worth sharing: annual check-ins with employees who are receiving workplace accommodations under the Americans with Disabilities Act (ADA). Annual Check-In: What’s Involved The company sends the employee a letter each year, reviewing what accommodations have been made and asking: (1)…

Q&AHarassment & DiscriminationPrivacy & Confidentiality  

Q&A: Know how to handle the aftermath of a harassment investigation

Question: I just completed a harassment investigation. We verified that harassment occurred and terminated the harasser. Everyone seems to know what happened and tensions are high in our small office. What else can I do? 

Q&AEmployee BenefitsHarassment & DiscriminationLabor RelationsWage and Hour  

Q&A: No-fault attendance policies must allow many exceptions

Question: We have a “no fault” attendance policy which assigns points for absences, tardies, and early departures. Employees are disciplined and eventually terminated if they reach a certain number of points. We know we have to allow exceptions for legally protected time off, but what if it’s unclear whether an absence is protected?  

Harassment & Discrimination  

Employer’s failure to stop harassment leads to $250,000 jury award

A federal appeals court confirmed a jury award of $250,000 against a grocery store whose female employee was stalked by a male customer at work. The employer ordered the customer to avoid the employee, but failed to ensure the customer complied. For the next 13 months, the customer continued following the…

Q&A: Pay equity analysis not a quick fix

Question: We’re concerned about new state laws on equal pay, and we don’t know where to start with a pay equity analysis. How do we get a handle on our potential exposure?

Q&ADisabilityDrug and AlcoholHiringTermination & Resignation  

Q&A: Use MRO to verify whether prescription caused positive drug test

Question: We require all new hires to pass a pre-employment drug test. Do we have to use the same process we use for our random, reasonable suspicion, and post-accident drug testing and send positive test results to a medical review officer (MRO)? Or, can we simply ask potential new hires for a list of medications they have been prescribed?

Q&ADisabilityLeave LawsSafety and Health  

Q&A: No FMLA notice required unless employee asks for time off

Question: I have a production employee who says that standing for eight hours a day is causing him pain. He doesn’t want to go on any type of leave and says he’d rather just suffer through it. We are covered by the federal Family and Medical Leave Act (FMLA). What do I do?
 

Leave Laws  

Phase 1 of Washington State Paid Family Leave rules released

The Washington Employment Security Department (ESD) is in the process of rulemaking for Washington Paid Family and Medical Leave (WPFML). As we previously reported, WPFML provides leave benefits starting in 2020, with tax assessments on employees and employers beginning January 1, 2019. Phase 1 Complete ESD has divided rulemaking into six phases.…