Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts by Jon Benson

Photo of Jon Benson
Feb 23 2016
Harassment & Discrimination  

Male-on-male grabbing is sexual harassment, not horseplay

Multiple incidents of sexual harassment by one male employee toward another in the workplace led to a $300,000 verdict against their employer.

Read More…
Photo of Jon Benson
Nov 02 2015
Q&AWage and Hour  

When to pay travel time for non-exempt employees?

Q: We’re sending a non-exempt employee to the East Coast for training. Do we have to pay her for all that time spent flying and traveling to the destination?

Read More…
Photo of Jon Benson
Aug 06 2015
Labor RelationsTermination & Resignation  

Employee fired for “gossiping” about potential firing wins case against employer

Termination of an employee for telling coworkers about a job posting she believed was for an existing job with their Oregon employer was illegal, ruled the National Labor Relations Board. 

Read More…
Photo of Jon Benson
Jul 29 2015
Q&AEmployee BenefitsTermination & Resignation  

Can an employee who voluntarily quit still get unemployment benefits?

We just received a notice from the Employment Department letting us know that one of our former employees has filed for unemployment benefits. This employee voluntarily quit a few weeks ago; can he now qualify for unemployment?

Read More…
Photo of Jon Benson
Jul 20 2015
DisabilityTermination & Resignation  

Disability discrimination found when employer avoids interactive process

One employee who was fired after a determination of a permanent partial disability in her workers’ compensation claim ended up winning a disability discrimination lawsuit. A federal district court ruled the employer could not simply rely on the workers’ compensation award of permanent partial disability in concluding the employee was unable to perform the essential functions of her job as a shipping clerk.

Read More…
Photo of Jon Benson
May 11 2015
Q&AHiring  

Designate representative to review remote employee’s I-9 documents

Question: We hired a remote worker and don’t have someone to review I-9 documents or complete the form in person; what should we do?

Read More…
Photo of Jon Benson
Jan 27 2015
Q&ALabor Relations  

Can we require employees to keep quiet about their wages?

Q: We’re worried that morale could be hurt by employees comparing their salary or wages with one another. Can we prohibit our employees from discussing their wages?

Read More…
Photo of Jon Benson
Sep 24 2014
Q&ALeave Laws  

What does reemployment of a veteran really mean?

Q: An employee left three years ago and told us he was pursuing a career in the Navy. Yesterday he showed up asking for his old job back. Do we have to rehire him?

Read More…
Photo of Jon Benson
Sep 16 2014
Leave Laws  

CALIFORNIA: California adopts mandatory paid sick leave

On September 10, Governor Brown signed into law the “Healthy Workplaces, Healthy Families Act of 2014,” (AB 1522) granting paid sick leave to virtually all employees in the state. The new law will take effect on July 1, 2015.

Read More…
Photo of Jon Benson
Jun 20 2014
Labor RelationsWage and Hour  

Employee’s outburst protected despite threats and profanity

A car dealership terminated a car salesman who, during an outburst, hurled expletives and insults toward the owner of the dealership, but the National Labor Relations Board (NLRB) ruled that the salesman was engaging in protected “concerted activity.”

Read More…