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Oct 23 2019
Uncategorized

New Form W-4 coming for 2020

The IRS will issue a newly revised Form W-4, Employee’s Withholding Certificate, to be used beginning in 2020 to reflect changes included in the Tax Cuts and Jobs Act of 2017 and help employees improve withholding accuracy. The redesigned form will no longer use withholding allowances to establish income tax withholding but will instead use…

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Oct 08 2019
Uncategorized

Employer pays $58K penalty after teen’s death

A Georgia company was found in violation of federal child labor laws prohibiting hazardous occupations for minors when it employed a 15-year-old to operate a power-driven weed cutter. Sadly, the teen drowned while cutting brush along a river. During its investigation, the U.S. Department of Labor (DOL) also found the employer had employed the teen…

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Dec 14 2018
Harassment & Discrimination

Employer’s failure to stop harassment by customer leads to $250,000 jury award

A federal appeals court confirmed a jury award of $250,000 against a grocery store whose female employee was stalked by a male customer at work. The employer ordered the customer to avoid the employee, but failed to ensure the customer complied. For the next 13 months, the customer continued following the employee around the store…

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Aug 22 2018
DisabilityDrug and AlcoholHiring

Q&A: Use MRO to verify whether prescription caused positive drug test

Answer: You should use a medical review officer (MRO) to review preliminary positive drug test results for current employees and potential new hires. The MRO will determine whether the individual has a valid prescription and whether the test results fall within the expected levels for the prescription. If so, the test results will be reported…

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Jul 06 2018
DisabilityQ&A

Q&A: Rotating shifts may be essential job function

Answer: Perhaps. The Americans with Disabilities Act (ADA) says employers must reasonably accommodate an employee’s disability unless it would cause an undue hardship to the business or pose a direct threat to health and safety. This generally requires an interactive process that takes into consideration the employee’s restrictions and the essential functions of his position….

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Jun 19 2018
Leave LawsQ&AWage and Hour

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

Answer: Probably not under the FLSA, but check state law. Recently, the U.S. Department of Labor (DOL) issued an opinion letter addressing federal Family and Medical Leave Act (FMLA) required rest breaks and whether employers must pay for them under the federal Fair Labor Standards Act (FLSA). The answer depends on who predominantly benefits from those…

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May 25 2018
Harassment & DiscriminationLeave LawsQ&A

Q&A: Leave is last resort for pregnant worker with lifting restrictions

Answer: Not so fast. You should proceed with caution when an employee informs you she is pregnant and unable to do her regular job. First evaluate whether you are required by law or company policy to accommodate those limitations. State laws in California and Washington provide specific rights for pregnant workers to be accommodated. It’s…

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Dec 11 2017
Leave LawsWashington

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

The Answer: No, you will need to make changes to your carryover policy to comply with the law, and you may want to reconsider your front-loading approach. The Washington paid sick leave (WPSL) law allows the use of an existing paid time off (PTO) plan, provided it meets the minimum requirements including allowing carryover into…

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Nov 20 2017
DisabilityLeave LawsQ&A

What to do after an employee’s FMLA leave expires

Answer: Not so fast! When an employee takes leave under the federal Family and Medical Leave Act (FMLA) for their own serious health condition, there are other issues to consider if the employee can’t return at the end of 12 weeks. Overlapping laws may prevent you from terminating the employee, such as the Americans with…

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Oct 24 2017
Harassment & DiscriminationTermination & Resignation

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

Answer: Yes to both of your questions. You can ask both employees about the existence of a romantic relationship and require them to disclose any romantic relationship with any of your other employees. If either of them refuse to answer your questions and their refusal impedes your ability to determine whether company policy has been…

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Aug 28 2017
Harassment & DiscriminationHiringQ&A

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

Answer: It depends. It is illegal to retaliate against an applicant by not hiring the individual because she filed a prior discrimination claim against your company. You should go through your normal hiring process and determine the best candidate based on non-discriminatory factors. Depending on the job, you may want to consider experience, skills, ability,…

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Jul 10 2017
Harassment & DiscriminationHiringQ&A

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

Answer: Tests can be useful in identifying top job candidates, but it’s important to be thoughtful about how you incorporate testing into your hiring processes. Of course, it makes sense to select the most qualified candidate. However, you must ensure that your testing avoids a discriminatory adverse impact on the basis of a protected status…

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