Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts by Kandis Sells

Photo of Kandis Sells
Feb 14 2018
Q&AWage and Hour  

Q&A: When employee attends voluntary training, is the time paid or unpaid?

Q: We’re planning to offer some voluntary training to employees in the evening regarding internet and social media safety. We don’t have to pay them for time spent in that training, do we?

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Jan 16 2018
Q&APrivacy & Confidentiality  

Q&A: Knowing who is authorized to receive your legal documents can prevent lawsuits

Question: We just found out that a former employee was awarded a default judgment of $75,000 against our company, but we didn’t even hear about the lawsuit until just now. Is there a way to get the judgment reversed since we didn’t receive the legal documents?
 

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Photo of Kandis Sells
Jan 10 2018
DisabilityTermination & Resignation  

ADA accommodation may require showing rather than telling

ADA accommodation may require showing rather than telling An employee in Illinois will move forward to a jury trial on her disability discrimination claim alleging that her employer failed to provide a reasonable accommodation for her learning disability. Although supervisors told her how to complete her timesheets, the employee claims that…

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Photo of Kandis Sells
Jan 08 2018
Employee BenefitsLeave Laws  

Employee on military leave qualified for higher bonus upon return

A pilot who would have qualified for a higher pay grade had he not been on military leave should have received a bonus upon his return at the rate for the higher pay grade, ruled the U.S. Ninth Circuit Court of Appeals. The pilot (a union member) was selected by his…

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Photo of Kandis Sells
Jan 02 2018
Leave Laws  

Final rules released for Washington paid sick leave

Effective January 1, 2018, Washington employers are now required to provide mandatory paid sick leave to all employees. The Department of Labor and Industries (L&I) recently released the final rules addressing Initiative 1433, which mandates 1 hour of paid sick leave for every 40 hours worked, with no cap on accrual or…

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Photo of Kandis Sells
Oct 18 2017
DisabilityLeave Laws  

What accommodations do pregnant employees get in Washington?

Question: One of our new employees is pregnant and has started taking frequent breaks for drinks, snacks, and using the bathroom. She is also sitting down on the job a lot. Do we have to allow this?

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Photo of Kandis Sells
Oct 03 2017
Harassment & Discrimination  

Pregnancy Discrimination Act covers breastfeeding

A recent court of appeals decision serves as a good reminder that women are protected by the federal Pregnancy Discrimination Act (PDA) from discrimination or retaliation for requesting workplace accommodations for expressing breast milk. The PDA prohibits employers with 15 or more employees from discriminating against a woman because she…

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Photo of Kandis Sells
Sep 19 2017
Disability  

New Washington pregnancy accommodation law is in effect

Washington has a new “Healthy Starts Act” that requires employers with 15 or more employees to provide reasonable accommodations to pregnant workers without regard to whether they are actually disabled. Upon request by employees who are pregnant or have pregnancy-related health conditions, covered employers are required to provide the following accommodations: More frequent,…

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Photo of Kandis Sells
May 15 2017
Q&ALeave Laws  

Unmarried employee entitled to FMLA when girlfriend gives birth?

Q: A female employee requested two weeks off to be with her pregnant girlfriend when she gives birth. The employee is not married or living with this girlfriend, and the baby is not biologically hers. Of course we will give her the time off, but does it count as FMLA?

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Photo of Kandis Sells
May 03 2017
Leave Laws  

Time off for child care may qualify for FMLA leave

Q: An employee has requested time off two days each week to care for her autistic toddler who was recently expelled from his daycare. Are those absences covered by FMLA?

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