Question of the Month
Q&A: Catch-all language in job description not much help in ADA defense
Read Our AnswerQ&A: Catch-all language in job description not much help in ADA defense
Read Our AnswerThe U.S. Equal Employment Opportunity Commission (EEOC) says it needs time to analyze the 2017 and 2018 data on worker pay and hours it’s currently collecting, and therefore doesn’t intend to ask for such data in future years. The agency has also come to the conclusion that it grossly underestimated the amount of…
Read More…In the aftermath of a welder’s death on the job, an oilfield company pled guilty to a willful violation of federal safety standards requiring tanks to be cleaned before welding. The welder was 28 years old and had recently moved to North Dakota to work in the oil industry after serving in…
Read More…Question: Our plant manager asked the managers of the other operations in our business park to share what they’re paying for forklift operators and what they’re planning for wage increases this year. He’d like to make sure that we remain competitive; is his informal survey of these local companies okay? Answer: Absolutely not! Antitrust laws…
Read More…WHAT EMPLOYERS NEED TO KNOW Starting on January 1, 2020, your employees will be able to apply for Washington Paid Family and Medical Leave benefits. Are you ready? If not, you’re not alone. The law created a lot questions. And, the rules released by the Employment Security Department don’t answer them all. Vigilant…
Read More…In Washington, an employee may bring a legal claim against an individual supervisor who participated in an employment termination decision, according to a federal district court. A former middle school principal brought a claim for wrongful discharge in violation of public policy against both the school district and the individual…
Read More…Question: Our petty cash has been disappearing lately. There are three employees with access to the cash drawer. Can we use lie detectors as long as we test all three? Answer: No, that’s not enough to justify such a test. Although you’re attempting to be non-discriminatory in testing everyone, using lie detectors on employees is…
Read More…An employer in Missouri is finding out the hard way that balancing the competing rights of employees can be complicated. In this case, a coworker with Tourette’s syndrome regularly and repeatedly shouted racial slurs at an African American employee. The employer tried to separate the workers so they didn’t have to work…
Read More…Washington’s Department of Labor and Industries (L&I) has finally issued regulations requiring covered Washington employers to follow federal requirements and file annual injury and illness reports electronically with federal OSHA starting in 2020. As explained on OSHA’s Injury Tracking Application web page, the reporting portal will open again on January 2, 2020, and the…
Read More…Recently the U.S. Department of Labor (DOL) released an opinion letter saying an employee should be granted intermittent leave under the federal Family and Medical Leave Act (FMLA) to attend school meetings related to her children’s health. The children had medically certified serious health conditions, and the employee was allowed intermittent…
Read More…Question: We have a “no-fault” attendance policy, which means that if an employee doesn’t show up for a scheduled shift, they get a point. We’re careful, however, not to penalize, discipline, or terminate anyone for using protected leave (such as paid sick leave or FMLA). Instead, we incentivize employees. If an employee reaches the…
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