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Showing posts for: Kara Craig

Feb 11 2020
DisabilityDrug and AlcoholQ&A

Q&A: Are prior addicts covered by the ADA?

Question: One of our employees failed a random drug test. He says the positive test occurred because he was prescribed methadone by his doctor to treat his addiction to opiates. Do we have to retain him? We’re concerned about safety. Answer: If your drug testing process had included the services of a Medical Review Officer…

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Dec 10 2019
Harassment & Discrimination

Q&A: Approach retirement discussions with caution

Question: We are downsizing our accounting department. Two long-term employees over the age of 60 have repeatedly mentioned their intention to retire soon. They also have the highest salaries in the department. Can we eliminate their positions in the reduction in force? Answer: Not for the reasons you suggest! Proximity to retirement is an age-based…

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Jul 30 2019
Safety and Health

Employer can’t blame worker for preventable on-the-job injury

A federal appeals court recently affirmed three citations for serious safety violations following the partial amputation of an employee’s thumb at a poultry processing plant. The company had challenged the Occupational Safety and Health Administration (OSHA)’s citations in federal court, arguing that the injured employee engaged in unpreventable employee misconduct by violating its rule to…

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Jul 01 2019
DisabilityHarassment & DiscriminationSafety and Health

Employers need objective basis to require fitness-for-duty exam

A federal district court recently ruled that a police department complied with the Americans with Disabilities Act (ADA) when it required a bomb squad technician to undergo a fitness-for-duty exam. Their justification? The city had an objective basis for the fitness-for-duty exam request. In this case, the technician was experiencing hand tremors that may have…

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Jun 21 2019
Wage and Hour

Employer must pay for time spent studying for work-related exam

A federal district court in Arizona recently ruled that employees must be paid for time spent studying for written tests that they were required to pass in order to complete on-the-job training. A group of long-haul truck drivers filed a lawsuit against their employer alleging violations of the Fair Labor Standards Act (FLSA) with respect…

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May 17 2019
Harassment & Discrimination

Saying “a lawyer made me do it” can destroy attorney-client privilege

Question: As an HR manager, I’m concerned about sharing legal advice that I receive on behalf of the company. What are the rules around this? Answer: All parties to an attorney-client communication made for the purpose of providing or obtaining legal advice must take steps to protect confidentiality. If you or someone else at the…

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Dec 20 2018
Harassment & DiscriminationPrivacy & ConfidentialityQ&A

Q&A: Know how to handle the aftermath of a harassment investigation

Answer: In this type of situation and environment, be mindful of potential retaliation. No matter how hard you try to keep the complaint and investigation process confidential, harassment complaints not only affect the employees directly involved, but tend to stir up tension within the workplace. Rights of Those Involved State and federal laws prohibit retaliation…

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Aug 17 2018
DisabilityLeave LawsQ&A

Q&A: No FMLA notice required unless employee asks for time off

Answer: A practical initial approach may be to explore whether there are any ergonomic changes that could be made to the workstation to reduce or eliminate the pain, such as a cushioned standing mat, a foot rest, or a stool. If that doesn’t help, you’re welcome to let him know about the availability of protected…

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Jun 19 2018
Wage and HourWashington

Pay Washington agricultural piece-rate workers for nonproductive time

The Washington Supreme Court has ruled that employers are required to compensate agricultural piece-rate workers on a separate hourly basis for all nonproductive time spent performing activities outside of piece-rate picking work. This nonproductive time must be paid at the applicable minimum wage or a contractually agreed rate, whichever is higher. The ruling arises from…

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Mar 29 2018
Q&AWage and Hour

Q&A: Be realistic when promising employee bonuses

Answer: Yes. A court would likely find that the company has a contractual obligation to pay the bonuses. The company made an offer to pay a bonus if one condition is met: employment for three years. An employee accepts this offer by beginning performance, which in this case means working toward the three-year mark. Once the…

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Mar 29 2018
Harassment & DiscriminationQ&A

Q&A: Is your company at risk for workplace harassment?

Answer: First, take a look at your company culture. Are your leaders supporting the effort to create a harassment-free environment and modeling appropriate behavior? Are you holding all employees from the top down accountable? Workplace Harassment Risk Factors The U.S. Equal Employment Opportunity Commission (EEOC) has identified 12 risk factors for harassment in the workplace. Some…

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Mar 26 2018
Harassment & DiscriminationTermination & Resignation

Q&A: Layoff of only older workers raises concerns

Maybe. At first glance, it appears that the layoff may be targeting employees who belong to a protected category under the federal Age Discrimination in Employment Act (ADEA): age 40 and over. This doesn’t necessarily mean that the company’s decision is motivated by discrimination, but the outcome does invite closer scrutiny. Identify Objective Causes of…

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