Harassment & Discrimination  

New law in Washington protects isolated workers

Washington has a new law intended to prevent the sexual harassment or assault of certain isolated workers. The law applies to every hotel, motel, retail, security guard entity, or “property services contractor” that employs a custodian, security guard, hotel or motel housekeeper, or room-service employee who spends a majority of their working…

Harassment & Discrimination  

All Oregon employers must comply with new anti-harassment law

On June 4, the Oregon legislature passed SB 726, which will (1) extend the statute of limitations from 1 year to 5 years for complaints and civil lawsuits related to harassment and some types of discrimination; (2) restrict the use of nondisclosure (NDA), nondisparagement, and no-rehire agreements; and (3) require…

Q&AWage and Hour  

Q&A: Federal and state overtime laws may not be the same

Question: We have a salaried manager who sometimes helps out with production. Is he still exempt from overtime even though he doesn’t always work as a manager?   Answer: Maybe. Under the federal Fair Labor Standards Act (FLSA), managers are exempt from overtime requirements as executives if they’re paid high-enough salaries, they customarily and regularly…

HiringWage and Hour  

WASHINGTON: Law restricts salary inquiries and requires disclosures

WASHINGTON: Law restricts salary inquiries and requires disclosures Last week, Governor Inslee signed amendments to the Washington Equal Pay and Opportunities Act, which will prohibit employers from asking candidates about their prior salary history, and require employers to provide wage scales or salary ranges to candidates upon request. When this new…

Harassment & Discrimination  

Saying “a lawyer made me do it” can destroy attorney-client privilege

Question: As an HR manager, I’m concerned about sharing legal advice that I receive on behalf of the company. What are the rules around this? Answer: All parties to an attorney-client communication made for the purpose of providing or obtaining legal advice must take steps to protect confidentiality. If you or someone else…

Drug and Alcohol  

CBD products may cause positive drug tests (surprise!)

Marijuana-derived cannabidiol (CBD) products may also contain tetrahydrocannabinol (THC), the psychoactive part of cannabis, causing positive drug tests for workers who use CBD products. The federal government still considers marijuana illegal, but almost every state has legalized cannabis for medical or recreational use, and many cannabis-based products – including CBD products –…

Class arbitration requires employer’s consent

The U.S. Supreme Court recently ruled that workers cannot force a company into class arbitration unless their arbitration agreement explicitly lists “class arbitration” as a way to resolve disputes, overturning a Ninth Circuit Court of Appeals decision. In this case, the worker signed a contract prepared by the employer that said the worker…

Harassment & DiscriminationTermination & Resignation  

Termination was for threats, not age discrimination

A drug store pharmacist who had been employed by a company for 34 years was terminated for threatening to use a gun at work, not because of his age or for reporting discrepancies in the store’s drug inventory, ruled a federal district court in California. A coworker reported to HR that the…

Wage and Hour  

Two years of pay and hours data due by 9/30/19 for EEO-1 Report

Not only must employers submit data on pay and hours worked during 2018 on the newly expanded EEO-1 Report by September 30, 2019, but they must also include pay and hours data from 2017. The requirement to provide pay and hours data applies to employers with 100 or more employees.…

Wage and Hour  

Alert: 2018 EEO-1 Report pay and hours data due by September 30, 2019

Alert: 2018 EEO-1 Report pay and hours data due by September 30, 2019 September 30, 2019, is the deadline for employers with at least 100 employees to submit data via a soon-to-be-expanded EEO-1 Report on their employees’ hours worked and W-2 wages from 2018, a federal judge ruled yesterday. Here are the key…