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Showing posts for: Sean Brown

Jul 16 2019
CaliforniaWage and Hour

California employers must pay, even for brief periods of work

Nonexempt employees must be paid for all time worked under California’s Labor Code, even very brief periods of work, according to a recent opinion from the Ninth Circuit Court of Appeals. In general, nonexempt employees (often called hourly employees) must be paid for all time spent performing work, but federal law recognizes an exception if…

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Apr 02 2019
Wage and Hour

Technicality overturns 9th Circuit decision regarding use of prior salary

Due to a technicality, the U.S. Supreme Court recently threw out the Ninth Circuit Court of Appeals’ 2018 decision that barred employers from using prior salary history to justify paying employees less than their opposite-sex colleagues. The federal Equal Pay Act allows employers to explain pay differences between men and women performing equal work by…

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May 09 2018
Harassment & DiscriminationHiringWashington

Washington Governor signs statewide “ban the box” law

Washington’s new “ban the box” law, which takes effect June 7, 2018, prohibits private employers from asking about criminal history before deciding whether an applicant meets the basic criteria for the position. It also prohibits job ads that automatically exclude people with criminal histories from applying (e.g., by saying “no felons” or “no criminal background”)….

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Jan 17 2018
Harassment & DiscriminationHiringQ&A

Q&A: Can past lawsuits be a factor in hiring decisions?

Answer: Yes, if the past lawsuit is your reason for doing so. State laws in California, Oregon, and Washington protect both employees and applicants from discrimination and retaliation, including protection when they have opposed a discriminatory practice by complaining to a government agency or filing a lawsuit. The Washington State Supreme Court recently considered this…

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Dec 15 2017
Harassment & DiscriminationQ&A

Q&A: Discrimination – yes, it’s still happening, and employers must take it seriously

The Answer: The key in these situations is to fight the temptation to minimize or disbelieve the complaint, and instead to address the issue head on with a reasonable investigation. Depending on the outcome of the investigation, take steps to ensure the behavior stops. It’s not unusual for employers to have a hard time believing…

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Nov 08 2017
Leave LawsWage and HourWashington

How does Washington’s paid sick leave law apply to truck drivers?

A: No, there isn’t an exemption from Washington’s paid leave law for truck drivers. The definition of employee in Washington’s minimum wage act is what controls when it comes to which employees are covered by the new paid sick leave requirements and there’s no exemption for truck drivers. This means you’ll need to comply with…

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Aug 23 2017
Leave LawsWashington

New paid family and medical leave insurance program coming to Washington

The insurance program is funded by premiums paid by workers and employers and will be administered by the Employment Security Department (ESD), similar to unemployment insurance. Although there are still many issues to be decided, employers should begin familiarizing themselves with the law. For now, here’s what employers need to know: Preemption: The law prohibits…

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Aug 08 2017
Q&AWage and Hour

Can employees volunteer to work?

A: While it might seem like you’re doing something for the employee’s benefit, and you don’t want to discourage initiative, these individuals should be paid for time spent learning how to use the equipment. Under the federal Fair Labor Standards Act (FLSA) you must pay employees if you “suffer or permit” them to perform tasks….

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Jul 13 2017
Labor RelationsQ&A

Employees wearing protest attire and using work email to stir the pot

A: Generally, no. Unfortunately for employers, the National Labor Relations Board, the agency tasked with enforcing the National Labor Relations Act (NLRA), has consistently decided that these activities are protected. The NLRA protects nonmanagement employees’ ability to unionize or band together to advance their common interests regarding wages, hours, and working conditions; exceptions are very…

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Jun 30 2017
Harassment & DiscriminationHiringImmigration

Requiring new hires to present specific IDs for I-9 costs employer $225,750

An employer in eastern Washington required all green card holders to present their Permanent Resident Cards when completing the Form I-9. The U.S. Department of Justice (DOJ) has announced that this employer has now agreed to pay a fine of $225,750 to settle discrimination charges. The employer also agreed to post workplace notices, train its…

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Mar 07 2017
ImmigrationQ&A

Q&A: What to do if ICE contacts your business

Answer: ICE, the federal investigative arm of the Department of Homeland Security, typically would make contact with your organization by presenting an onsite warrant to search your premises, or by giving verbal or written notice of an audit of your I-9 forms. If ICE contacts you, inform your Vigilant employment attorney or other legal counsel…

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Feb 01 2017
Leave LawsQ&A

Do we have to give FMLA leave to remote employees?

A: Maybe. There are two different thresholds to determine whether someone is eligible for leave under the federal Family and Medical Leave Act (FMLA). First, the employees must have worked for you for at least 12 months (which need not be consecutive), and have worked 1,250 hours in the 12 months before the leave is…

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