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Showing posts for: Jodi Slavik

Sep 10 2013
DisabilityHiringQ&A

Can I ask job applicants if they smoke?

A: Asking this question for most jobs is not a good idea. It could be perceived as a breach of privacy because smoking tobacco is a legal activity, and some states’ laws protect legal, off duty conduct. Also, one could argue that smoking is an addiction, which would be a protected disability. However, if being…

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Jul 23 2013
DisabilityQ&A

Summer Heat Brings Summer B.O.

A: Body odor by itself is not a disability, but your employee might have an underlying medical condition causing the smell or he might be taking medication that triggered the odor—either of which could raise a disability issue. As awkward as it may be, you need to address it with him.  For one, if other…

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Jul 03 2013
Washington

WASHINGTON: Governor signs bill protecting employee social media privacy

Governor Jay Inslee has signed a bill that prevents Washington employers from asking an employee to provide a password, “friend” the employer, or alter privacy settings on personal social media accounts. However, an important carve-out allows employers to require content from a social networking site in the course of an investigation of illegal activity, work-related…

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Apr 04 2013
Wage and Hour

Deducting from PTO for Salaried Employees

We have a salaried employee reaching the end of her PTO allotment. She has some vacation and assorted medical appointments coming up. Can we require her to accrue a negative PTO balance? Can we deduct the negative balance from her final paycheck if she leaves? You can require her to run a negative PTO balance,…

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Dec 06 2012
Q&A

Conducting an Effective Investigation with a Reluctant Witness

A: A successful investigation hinges on making the employee feel safe, comfortable, and important. Interview beyond just direct witnesses so no one feels targeted, and let them know you are not conducting a witch hunt. Most employees don’t realize that harassment investigations are intended to improve their work environment. It is also important to emphasize that…

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Nov 20 2012
Leave LawsQ&A

Finding Fault in No-Fault Attendance Policies

A: Illegal? Maybe. Risky? Definitely. While no-fault attendance policies seem fair, you can end up with one of two problems. If you throw medical absences in with the rest, you could improperly deny FMLA leave or ADA accommodation (exactly why the EEOC tagged Verizon for $20 million in 2011). But if you don’t count medical absences, some…

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Aug 14 2012
Leave LawsQ&AWashington

Sick in Seattle: Information on Seattle Sick and Safe Leave

A: Seattle is currently conducting an “information campaign” for the Sick and Safe Leave requirement that takes effect September 1st. The Seattle Office for Civil Rights has the ordinance, implementing rules, and FAQs on its website:  http://www.seattle.gov/civilrights/sickleave.htm.  Unfortunately, the ordinance and rules are complicated, especially for businesses outside of Seattle (with employees that occasionally work in…

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Aug 07 2012
DisabilityQ&A

Safety concerns following worker’s release to full duty

A: Not necessarily. You can require a fitness for duty evaluation if you have a reasonable belief based on objective evidence that the employee’s ability to do essential job functions is impaired or he will pose a direct threat to himself or others. If the forklift driver’s physician wasn’t provided a detailed job description, you…

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