Employment Law Blog

News, trends and analysis in employment law and HR

Showing all recent posts

Photo of Jackie Marks
Jul 06 2018
Q&ADisability  

Q&A: Rotating shifts may be essential job function

Question: We have approximately 10 employees in one department performing the same job, with 6 working rotating shifts and the other 4 working only on the day shift. One of the employees assigned to the rotating shift brought in a doctor’s note saying he can only work on the day shift due to a medical condition. Do we have to grant his request?

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Photo of Diane Buisman
Jul 05 2018
Q&AHarassment & Discrimination  

Q&A: Informal harassment complaints should be taken seriously

Question: Our harassment policy specifies how employees should report issues to the company. If no one formally reports inappropriate behavior, do we need to do anything about it? Also, can we discipline an employee for not following our reporting procedures?

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Photo of Karen Davis
Jul 03 2018
Wage and Hour  

Penalty for missed rest periods in California includes all compensation

A federal district court in California has ruled that when calculating the additional one hour of pay at the regular rate for missed rest periods under California Labor Code 226.7, an employer must include not only base pay, but also commissions, incentives, and bonuses. A group of 4,481 home mortgage…

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Photo of Kandis Sells
Jul 02 2018
Harassment & DiscriminationHiring  

Q&A: Limit on prior work experience in hiring may be age discrimination

Question: In job postings for our entry-level manager positions, we list the requirements as “3 to 7 years (no more than 7 years) of relevant work experience” to make sure we don’t waste our time interviewing a bunch of overqualified candidates. We recently had an applicant complain that our cap on prior work experience constitutes unlawful age discrimination, but job postings like ours seem really common. It’s okay for us to set a limit on prior experience when we’re hiring, right?

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Photo of Manish Gooneratne
Jun 26 2018
Safety and Health  

New workers have a higher risk of on-the-job injuries

Studies show that new workers are more likely to be involved in a work-related lost time injury within the first three months of work compared to workers who have been on the job for more than one year. Knowing this information, what can you do to help lower the risk…

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Photo of Kara Craig
Jun 19 2018
Wage and Hour  

Pay Washington agricultural piece-rate workers for nonproductive time

The Washington Supreme Court has ruled that employers are required to compensate agricultural piece-rate workers on a separate hourly basis for all nonproductive time spent performing activities outside of piece-rate picking work. This nonproductive time must be paid at the applicable minimum wage or a contractually agreed rate, whichever is…

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Photo of Jackie Marks
Jun 19 2018
Q&ALeave LawsWage and Hour  

Q&A: FMLA-required rest breaks generally not compensable under FLSA

Question: We have a non-exempt employee who has a medically certified serious health condition that requires a 10-minute rest break every hour. Our current schedule allows one 10-minute rest break for every four hours worked, so most non-exempt employees only receive two rest breaks each shift and not the eight this employee requires. Do we have to pay the employee for all eight rest breaks?

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Jun 13 2018
Workers’ Comp  

Why Vigilant Retro, according to member Fabrication Products, Inc.

Why We Stay Vigilant: A few minutes with one of our Retro Group members. We recently asked the owner and president of Washington manufacturer, Fabrication Products, Inc.—a member for more than 17 years—what she thought about teaming with Vigilant. What made you decide to join the Vigilant Workers’ Comp Retro Group? We partnered with Vigilant in…

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Photo of Kailah Cone
Jun 12 2018
Vigilant News  

We’re hiring: California Licensed Employment Attorney - Location Flexible

California Licensed Employment Attorney - Location Flexible Vigilant is a membership organization intensely committed to providing quality service and living Vigilant’s six core values—relational, responsive, reliable, results-oriented, respectful, and responsible. We provide timely and practical counsel on employment law, labor relations, human resource management, safety, employee benefits, workers’ compensation, management training, and leadership…

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May 31 2018
Workers’ Comp  

How to grade a workers’ comp retro group

Top 3 Questions You Should Ask When Evaluating a Retro Group Being part of a retrospective rating program is important for your business. The goal is to find a retro partner that matches the needs and culture of your company, is committed to helping you drive down your up-front premium costs,…

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