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Showing posts for: Jodi Slavik

Jul 07 2016
Drug and AlcoholSafety and Health

OSHA wants employers to change mandatory post-accident drug testing

Although the rule doesn’t ban post-accident testing—and OSHA even deems it reasonable “in some situations”—OSHA’s commentary says that automatic post-accident testing regardless of the nature of the accident is improper. OSHA recommends post-accident testing only if (1) there is a “reasonable possibility that drug use by the reporting employee was a contributing factor to the…

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Jun 24 2016
CaliforniaDisability

Telling a California employee to see doctor not enough to satisfy interactive process

Showing just how far an employer must go to satisfy California’s Fair Employment and Housing Act (FEHA), a federal district court recently refused to dismiss an employee’s claim that his employer failed to engage in a second round of disability accommodation talks. The employee, originally a cut-and-die operator at a corrugated container plant, was placed…

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May 19 2016
Leave LawsQ&A

What employee threshold triggers the FMLA?

A: Probably not, but it depends. An employer is considered “covered” under the FMLA if it has 50 or more employees on its payroll for 20 or more calendar workweeks (which do not need to be consecutive) in either the current or preceding calendar year. Both full-time and part-time workers are included in the total…

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Mar 29 2016
Privacy & ConfidentialityQ&A

Are employers required to have gender neutral bathrooms?

Answer: No, you are not required to have gender neutral bathrooms, but it is a very good idea to have them if at all possible. First, you may have a transgender employee—one who identifies with the opposite gender—even if he or she hasn’t told you yet. You also don’t know whether visiting family or clients…

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Feb 02 2016
Leave LawsQ&A

What is the FMLA’s rule about 50 employees within 75 miles?

A: Unfortunately, no. Your employee is eligible to take leave under the FMLA, assuming he meets the other eligibility requirements (he has worked for you for 12 months and 1,250 hours in the last year). The FMLA allows an employee to take leave if he or she works at a site where 50 or more…

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Sep 15 2015
HiringQ&A

What should we do if an employee has missing I-94 information?

A: Don’t panic. The information is probably available online. The US Customs and Boarder Protection shifted Form I-94 to an electronic version in the last two years; the agency no longer issues paper forms. All travelers may access the I-94 Automation website at www.cbp.gov/i94 to retrieve an official I-94 printout. In your situation, ask your…

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Apr 02 2015
Leave Laws

WASHINGTON: Tacoma adopts paid sick leave ordinance

• All employers with at least one employee are required to provide paid sick, safe, and bereavement leave. • Paid leave is provided for regular, temporary, part-time, and occasional (those working over 80 hours in Tacoma during the calendar year) employees. • Employees accrue one hour for every 40 hours worked, up to a total…

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Mar 31 2015
Q&AWage and HourWashington

Do employees occasionally working in Seattle get a minimum wage bump?

A: Yes, depending on how many hours they work within the city. Similar to its Paid Sick and Safe Leave ordinance, Seattle is applying the new minimum wage for partial work in the city. The ordinance requires the new $10 minimum wage ($11 if you have over 500 employees) for every hour worked by employees…

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Oct 21 2014
DisabilityQ&A

Pregnancy Accommodation: Handle with care

A: Probably. The Pregnancy Discrimination Act prohibits discriminate against a woman because she’s pregnant and requires equal treatment as other employees with regard to their ability or inability to work. The Equal Employment Opportunity Commission (EEOC) took this up a notch in its July 2014 guidance, stating that employers should offer light duty to pregnant…

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Aug 28 2014
Vigilant NewsWashington

Vigilant Executive Briefing in Everett, Washington 10/21/14 – Register today!

Will the next year serve up rough seas or calm waters? In this Executive Briefing, you will receive key economic data to chart your course, a heads-up about the legal eddies to avoid, and an essential tool that will inspire your crew to pull in the same direction. The result? Smooth sailing for 2015. View…

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Apr 28 2014
Uncategorized

Supervisor’s lax oversight of harasser results in jury trial

Two female employees have sufficient evidence of extreme and ongoing workplace harassment to argue their claims before a jury, according to a federal district court in Washington. The employees worked as sales account executives for an internet-based media advertising company. The women allege they were repeatedly harangued with sexually explicit emails, some even coming from…

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Oct 31 2013
Leave LawsQ&A

FMLA Certifications from Foreign Doctors

A: Yes, if she is eligible for leave and you receive timely, complete, and sufficient information supporting the need for leave from her mother’s health care provider. A certification from a foreign provider is sufficient under the FMLA, so long as that person is authorized to practice in his or her country, which is understandably…

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