Employment Law Blog

News, trends and analysis in employment law and HR

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Photo of Kandis Sells
May 17 2019
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…

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Photo of Kara Craig
May 17 2019
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…

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Photo of Matt Norris
May 17 2019
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 –…

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Photo of Matt Norris
May 06 2019
 

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…

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Photo of April Uzzardo
May 06 2019
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…

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Photo of Karen Davis
May 06 2019
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.…

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Photo of Karen Davis
Apr 30 2019
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…

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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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