Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts by Jackie Marks

Photo of Jackie Marks
Dec 11 2017
Leave Laws  

Q&A: Front-loaded PTO policies create problems with Washington paid sick leave

The Question: We are trying to prepare for the implementation of the Washington paid sick leave going into effect on January 1, 2018. We have locations in Bellevue and Olympia, Washington, as well as in Eugene, Oregon. We front-load our paid time off (PTO) at the beginning of the calendar year and don’t carry over any remaining PTO at the end of the calendar year. We know we are in compliance with Oregon’s paid sick leave. Will our policy also comply with Washington’s new paid sick leave law?

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Photo of Jackie Marks
Nov 20 2017
Q&ADisabilityLeave Laws  

What to do after an employee’s FMLA leave expires

Question: We have an employee who took 12 weeks of FMLA leave because of her own serious health condition. Her leave is now expired but she still isn’t able to return to work. Can we terminate her employment since she doesn’t have any FMLA leave left?

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Oct 24 2017
Harassment & DiscriminationTermination & Resignation  

Q&A: Employer may require employee to disclose romance with subordinate

Question: Our company policy prohibits employees from supervising their family members or people with whom they have a romantic relationship. I believe a female supervisor is romantically involved with one of her direct reports. Can I ask both employees about the relationship and require that they disclose the nature of their relationship? And if either or both of the employees refuse to answer, can I take disciplinary action?

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Photo of Jackie Marks
Aug 28 2017
Q&AHarassment & DiscriminationHiring  

Q&A: Altering usual hiring process could lead to retaliation charge

Question: A former employee has reapplied for a job at our company. After she quit about three years ago, she filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC). The charges were dismissed, but we don’t really want her back again. We don’t have to hire her, do we?

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Photo of Jackie Marks
Jul 10 2017
Q&AHarassment & DiscriminationHiring  

Q&A: Should we use employment tests to help us identify the best candidates?

Question: My company is hiring, and a testing company tells us that it can help us identify the best candidate for the job. What do you think?

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Photo of Jackie Marks
Jul 05 2017
Q&ADisabilityHarassment & DiscriminationHiring  

Q&A: Post-offer medical testing problematic when hiring temp agency employees

Question: We currently contract with a temporary employment agency for workers and will hire some of these workers after 90 days of successful work. We require all new regular employees for production and maintenance positions to undergo a pre-employment (post-offer) medical test. When we offer regular jobs to the temp…

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Photo of Jackie Marks
May 05 2017
Q&ADisabilityDrug and Alcohol  

Q&A: Is leave for jail time a reasonable accommodation for alcoholism?

Question: We have an employee who requested time off because he was in jail due to a Driving Under the Influence (DUI) conviction. We want to take action due to his excessive absenteeism. Do we have to grant him time off as a reasonable accommodation for alcoholism?

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Jan 24 2017
Q&AEmployee Benefits  

Should we appeal a Marketplace employer notice issued under the ACA?

We received a Marketplace notice in the mail, stating that one of our employees has enrolled in medical insurance coverage from the Marketplace and reported she was not offered health coverage from us. We admit that she wasn’t offered insurance, but only because she works 25 hours per week. Do we need to appeal the employer notice?

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Photo of Jackie Marks
Oct 10 2016
Q&ALeave Laws  

Q&A: Do employees have the right to take time off to vote?

Q: Do we have to allow employees time off, either with or without pay, to go vote?

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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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