Employment Law Blog

News, trends and analysis in employment law and HR

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Photo of Jackie Marks
Sep 28 2016
Harassment & Discrimination  

Posting anti-harassment policy is not enough – training also necessary

Even though an employee failed to report ongoing sexual harassment by her supervisor or to make use of the posted complaint process, a recent court decision will allow her sexual harassment claim to proceed to trial. The employee, along with many others, stated she had no knowledge of the workplace…

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Photo of Jodi Slavik
Sep 14 2016
Harassment & Discrimination  

Prompt investigation saves employer from harassment liability

In a nod to the value of HR professionals, a federal district court in Tennessee dismissed an Equal Employment Opportunity Commission (EEOC) case against Autozone, finding that the company did enough to stop alleged harassment by a store manager. How did the company address allegations of sexual harassment in the workplace? In…

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Photo of Melissa Cornwell
Sep 12 2016
Wage and HourWorkers’ Comp  

Q&A: Washington injured workers’ attending providers

Q: In Washington, which of the following types of providers can be an injured workers' attending provider?

Advanced RN Practioner (ARNP)
Physician's Assistant (PA)
Chiropractic (DC)
Naturopathy (ND)
Osteopathic Medicine (DO)
Dentistry (DDS or DMD)
Optometry (OD)
Podiatry (DPM)

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Photo of Jackie Marks
Sep 01 2016
HiringImmigration  

Increased penalties for immigration related violations now in effect

The U.S. Department of Justice (DOJ) has published a rule change, effective August 1, 2016, that substantially increases the possible penalties for immigration related violations. Although the change took effect on August 1, it allows the agency to issue the higher fines for any violations that occurred after November 2,…

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Photo of Karen Davis
Aug 18 2016
Wage and Hour  

Payroll timekeeping practices: Rounding policies are permitted as long as they are neutral

The U.S. Ninth Circuit Court of Appeals recently ruled that both federal and California law allow rounding of employee work time to the nearest quarter-hour. Rounding should be neutral and even out over time, meaning that employees could benefit from the rounding by receiving more pay just as easily as…

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Photo of Diane Buisman
Aug 10 2016
Disability  

Anxiety disorders and the ADA: Employer wins case, despite refusing employee’s accommodation request

The federal Americans with Disabilities Act (ADA) does not require an employer to grant an employee’s demand for a particular accommodation, as one employer proved in a recent case from an Oregon federal district court. The employee suffered from anxiety and claimed that she could not work with her co-worker, whose…

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Photo of Diane Buisman
Aug 04 2016
Harassment & Discrimination  

Transgender rights and issues continue to be on forefront for federal agencies

The federal Equal Employment Opportunity Commission (EEOC) and U.S. Department of Education became the two most recent federal agencies to release guidance regarding treatment of transgender individuals. The EEOC issued a new fact sheet discussing rights of transgender employees and the U.S. Department of Education issued a letter regarding transgender…

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Photo of Karen Davis
Jul 28 2016
Leave LawsTermination & Resignation  

Employer failed to properly account for overtime in FMLA calculations

Because an employee was subject to discipline if he missed overtime shifts for which he volunteered, the extra shifts were actually mandatory for purposes of calculating regular work hours under the federal Family and Medical Leave Act (FMLA), ruled the Eighth Circuit U.S. Court of Appeals. The company in this…

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Photo of Jodi Slavik
Jul 21 2016
Safety and Health  

OSHA will scrutinize employee safety incentive programs

Safety incentive programs are under fire from the Occupational Safety and Health Administration (OSHA).

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Photo of Jon Benson
Jul 14 2016
Disability  

Disability accommodation requests require a careful analysis of essential job functions

A recent disability discrimination ruling highlights the importance of not jumping to conclusions in evaluating essential job functions.

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