Employment Law Blog

News, trends and analysis in employment law and HR

Showing all recent posts

Photo of Kandis Sells
Apr 18 2019
Leave Laws  

Q&A: Are remote employees who are out of state eligible for FMLA?

Question: We have a handful of remote employees who work out of their homes in other states where we don’t have offices or other employees. Can these employees ever be eligible for FMLA since we don’t have 50 or more employees within 75 miles of them? Answer: Yes, they may still be eligible…

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Photo of Sean Brown
Apr 02 2019
Wage and Hour  

Technicality overturns 9th Circuit decision regarding use of prior salary

Due to a technicality, the U.S. Supreme Court recently threw out the Ninth Circuit Court of Appeals’ 2018 decision that barred employers from using prior salary history to justify paying employees less than their opposite-sex colleagues. The federal Equal Pay Act allows employers to explain pay differences between men and women…

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Photo of Matt Norris
Mar 26 2019
Leave Laws  

DOL says employers can’t delay designation of FMLA-qualifying leave

The U.S. Department of Labor (DOL) recently issued an opinion letter stating that employers must designate an employee’s leave as time off under the federal Family and Medical Leave Act (FMLA) if the leave is for an FMLA-qualifying reason. Vigilant previously reported that the Ninth Circuit Court of Appeals said an…

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Photo of Dan Beaty
Mar 12 2019
Workers’ Comp  

Kept on Salary vs. Time Loss - Employer saves $67k

Vigilant Helps Save Employer $67K by Crunching the Numbers One of the surprising ways employers can save on a workers’ comp claim is to just go ahead and keep an injured worker on full salary (KOS) instead of depending on L&I to supplement wages. Washington, unlike most states, allows employers to pay wages…

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Photo of Kandis Sells
Mar 08 2019
Q&AHarassment & Discrimination  

Q&A: Do we have harassment liability if a workplace relationship is consensual?

Question: An employee in a consensual, romantic relationship with a manager in another department has started complaining about “harassment,” which is really just her coworkers teasing her about the relationship. She’s also complaining that they’re having “problems” in the relationship which is spilling over into hostile treatment at work by the manager. The owner is ready to terminate her for continuing to bring her drama into the workplace. Are there any legal concerns we should consider?

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Photo of Dan Beaty
Feb 21 2019
Workers’ Comp  

Claims Management: The Case of the Out-Hustled Pool Hustler

Chalk Up $100K Savings to Vigilant Persistence Most employees who get hurt on the job just want proper medical treatment, fair compensation, and the chance to get back to putting in an honest day’s work. That’s what Vigilant is here for, to assist employers and employees with streamlining the entire return-to-work process. But every…

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Photo of Jon Benson
Feb 13 2019
Q&AWage and Hour  

Q&A: Watch out for pattern of identical time card entries

Question: We have a strict policy requiring hourly employees to receive prior approval for any overtime work. Are there any concerns with this type of policy?
 

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Photo of Diane Buisman
Feb 13 2019
 

Q&A: Do we have to cut ties with a valuable employee who harassed someone?

Question: We have a manager who is great at keeping production on pace and running efficiently, but he has a hard time getting along with other people. He recently said some really inappropriate things to one of his employees. Normally we would terminate for this behavior, but he is our…

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