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Showing posts for: Lorraine Amrine

May 07 2020
COVID-19Safety and Health

ARIZONA: Stay-at-home order extended, some opening allowed

Arizona Governor Doug Doucey recently modified and extended his “Stay Home, Stay Healthy, Stay Connected” order. As we previously reported, the original order required individuals to stay home except to engage in limited essential activities. It was in effect until April 30, 2020. The new Executive Order 2020-33 extends the original requirements through May 15,…

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Apr 30 2020
COVID-19Safety and Health

OSHA tells health care employers how to decontaminate face masks

The Occupational Safety and Health Administration (OSHA) has issued interim enforcement guidance on decontaminating and reusing disposable N95 filtering face piece respirators (FFRs) for protection against infectious agents, such as COVID-19 (coronavirus). The guidance applies to employers in the health care industry and doesn’t affect the use of disposable FFRs in facilities where the masks are used…

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Mar 27 2020
COVID-19Leave Laws

New mandatory poster available

According to the U.S. Department of Labor (DOL)’s Families First Coronavirus Response Act Notice – FAQs, the FFCRA poster must be provided to employees and new hires by the effective date of the law, which the DOL now says is April 1, 2020. This posting requirement only applies to covered employers, and would therefore not…

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Dec 23 2019
Leave LawsQ&AWage and Hour

Q&A: Keep sick leave laws in mind before denying holiday pay

Question: Our policy requires employees to work their last scheduled day before a holiday and first scheduled day after a holiday in order to be eligible for holiday pay. In the past, some employees have called in sick when they were scheduled to work the day before or after a holiday, and have used accrued…

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Nov 13 2019
DisabilityHiringQ&A

Q&A: Catch-all language in job description not much help in ADA defense

Question: Is it okay to have the language “other duties as required” in a job description? Answer: Sure, it’s common to include that catch-all language in a job description. However, you shouldn’t rely on that language to incorporate regular duties that are important for the particular job. Under the Americans with Disabilities Act (ADA), an…

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Sep 20 2019
Wage and Hour

Q&A: Directly sharing wages with other companies is illegal

Question: Our plant manager asked the managers of the other operations in our business park to share what they’re paying for forklift operators and what they’re planning for wage increases this year. He’d like to make sure that we remain competitive; is his informal survey of these local companies okay? Answer: Absolutely not! Antitrust laws…

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Sep 11 2019
DisabilityHarassment & DiscriminationTermination & Resignation

Balancing competing employee interests can be tricky

An employer in Missouri is finding out the hard way that balancing the competing rights of employees can be complicated. In this case, a coworker with Tourette’s syndrome regularly and repeatedly shouted racial slurs at an African American employee. The employer tried to separate the workers so they didn’t have to work together, and the…

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Aug 29 2019
Leave LawsWage and Hour

Q&A: Denying perfect attendance bonus to FMLA users can spell trouble

Question: We have a “no-fault” attendance policy, which means that if an employee doesn’t show up for a scheduled shift, they get a point. We’re careful, however, not to penalize, discipline, or terminate anyone for using protected leave (such as paid sick leave or FMLA). Instead, we incentivize employees. If an employee reaches the end…

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Aug 13 2019
Disability

New resources available for workplace disability accommodation

The US Department of Labor’s Job Accommodation Network (JAN) has released a comprehensive Workplace Accommodation Toolkit which provides employers with resources and tools needed to create a more disability-inclusive and compliant workplace. The toolkit contains practical solutions for workplace accommodations, coaching on the interactive process, and training on the basic obligations of the Americans with…

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Feb 23 2017
Employee BenefitsLeave LawsOregon

Paid sick leave under fire in Oregon

Nine Oregon counties have successfully sued the state, claiming that the Oregon sick leave requirements, which took effect on January 1, 2016, create an unfunded mandate and therefore violate the state constitution. This means that unless the state appeals the decision, the counties who brought the lawsuit don’t have to provide paid sick leave to…

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Dec 15 2016
Wage and Hour

DOL challenges court’s freeze of overtime rules

The DOL has announced it is appealing a recent federal district court ruling that blocked the DOL’s new rules that would have significantly raised minimum salary levels for “white collar” workers who are exempt from overtime. The Fifth Circuit Court of Appeals has approved an expedited appeal. As we reported in an Alert on November…

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Nov 16 2016
Harassment & DiscriminationTermination & Resignation

Listen to both sides of the story before making any adverse employment decisions

An incomplete investigation into harassment allegations resulted in the wrong employee being terminated and costly litigation for the employer. A female EMT driver was the victim of unwanted sexual advances from a male dispatcher, and apparently brushed it off until he sent her a graphic text containing a photo of his genitals. She complained to…

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