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Jun 10 2019
Harassment & DiscriminationWashington

New law in Washington protects isolated workers

Washington has a new law intended to prevent the sexual harassment or assault of certain isolated workers. The law applies to every hotel, motel, retail, security guard entity, or “property services contractor” that employs a custodian, security guard, hotel or motel housekeeper, or room-service employee who spends a majority of their working hours alone. (A…

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May 17 2019
HiringWage and HourWashington

WASHINGTON: Law restricts salary inquiries and requires disclosures

WASHINGTON: Law restricts salary inquiries and requires disclosures Last week, Governor Inslee signed amendments to the Washington Equal Pay and Opportunities Act, which will prohibit employers from asking candidates about their prior salary history, and require employers to provide wage scales or salary ranges to candidates upon request. When this new law takes effect on…

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Apr 18 2019
Leave Laws

Q&A: Are remote employees who are out of state eligible for FMLA?

Question: We have a handful of remote employees who work out of their homes in other states where we don’t have offices or other employees. Can these employees ever be eligible for FMLA since we don’t have 50 or more employees within 75 miles of them? Answer: Yes, they may still be eligible for job-protected…

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Mar 08 2019
Harassment & DiscriminationQ&A

Q&A: Do we have harassment liability if a workplace relationship is consensual?

Answer: Yes, there are legal compliance concerns here that must be addressed before any employment action is taken. The employee’s complaints of harassment by coworkers and hostile treatment by the manager should be investigated thoroughly and promptly. Offsite or off-duty conduct can be illegal harassment if it has an effect in the workplace, so employers…

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Aug 06 2018
DisabilityHarassment & DiscriminationQ&A

Q&A: “100-percent healed” return-to-work policy violates ADA

Answer: Yes, we recommend changing your policy. The federal Americans with Disabilities Act (ADA) requires employers to reasonably accommodate an employee with a disability, and that may include an employee with temporary or ongoing medical limitations or restrictions. According to guidance from the U.S. Equal Employment Opportunity Commission (EEOC), a medical certification or doctor’s note…

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Jul 02 2018
Harassment & DiscriminationHiring

Q&A: Limit on prior work experience in hiring may be age discrimination

Answer: You’re taking a big risk by doing so. You may want to reconsider your job requirements in light of a recent federal court decision. The U.S. Seventh Circuit Court of Appeals has become the first federal appellate court to rule that the Age Discrimination in Employment Act (ADEA) prohibits employers from hiring practices that…

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May 30 2018
Harassment & DiscriminationHiringSafety and Health

New domestic violence law expands protections in Washington

Washington has significantly revised its Domestic Violence Leave law to prohibit discrimination against applicants or employees who are victims of domestic violence, sexual assault, or stalking. The new law applies to all employers as of June 7, 2018, and prohibits employers from: Refusing to hire an actual or perceived victim of domestic violence, sexual assault,…

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May 15 2018
Harassment & DiscriminationPrivacy & ConfidentialityWashington

New Washington laws limit harassment nondisclosure agreements

Washington Governor Jay Inslee has signed two new laws intended to encourage public disclosure and discussion of sexual harassment in the workplace. Both of these laws take effect on June 7, 2018. #1: Substitute Senate Bill 6313 Substitute Senate Bill 6313 makes an employment agreement void and unenforceable if it requires an employee to: (a)…

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Feb 14 2018
Q&AWage and Hour

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

A: The general rule with employees is that you must pay for the time spent in training, as required by the federal Fair Labor Standards Act (FLSA). However, you aren’t required to pay employees for the time spent in training if ALL of the following are true: (1) attendance is outside the employee’s regular working…

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Jan 16 2018
Privacy & ConfidentialityQ&A

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

Answer: Maybe. The first step is to figure out who was formally served with the initial lawsuit documents, if anyone, and what happened to them from there. Every company is required to designate a specific “registered agent” who is authorized to receive service of legal documents on behalf of the company. Companies may also be…

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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 she asked them to…

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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 employer to receive training…

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