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Showing posts for: Sean Brown

Dec 27 2016
Q&AWage and Hour

Q&A: Can employers prohibit supervisory level employees from discussing wages?

Answer: Yes, you can prohibit a supervisor from discussing wages, but only under certain conditions. First, the individual’s duties must be considered supervisory under the National Labor Relations Act (NLRA). Second, the discussion cannot involve allegations of wage discrimination under Title VII of the Civil Rights Act or some other law. How is a Supervisor Defined?…

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Dec 15 2016
Leave LawsWashington

Significant changes to paid leave requirements in Spokane Washington

Here are the key changes that employers should be aware of: Sunset provision: ESSL will automatically sunset on December 31, 2017, or the date the State of Washington implements Initiative 1433, whichever occurs later. I-1433 contains a statewide paid leave requirement; see our alert on this new law for more information. Enforcement: For 2017, the…

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Nov 14 2016
Labor RelationsQ&ASafety and Health

Q&A: Are employees’ social media posts on wages and safety protected?

Answer: No, you shouldn’t discipline the employee who made the minimum wage comment, but you should definitely take steps to address all of the comments. The National Labor Relations Act (NLRA) protects non-management employees’ right to discuss or complain about their wages, hours, and working conditions. This protection has been consistently interpreted to also protect…

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Jul 12 2016
Privacy & Confidentiality

Employer responses to EEOC and non-confidential attachments may be shared

Beginning on January 1, 2016, any employer response to a claim filed with the Equal Employment Opportunity Commission (EEOC) and any non-confidential attachments will be given upon request to the individual who brought the claim to the EEOC. This change is designed to “strengthen” the EEOC’s investigation and ensure consistency between all EEOC offices, and…

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Jun 02 2016
Leave LawsQ&A

What happens when an employee is asked by the government to help with a natural disaster?

A: The employee’s time out of the office is protected under federal law, and most likely, under state law as well. The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) grants leave to certain employees with medical expertise when they are dispatched by the federal government to deal with natural disasters. Through the National…

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May 24 2016
Employee Classifications

Truck drivers misclassified as independent contractors cost employer $7 million

A shipping company in California will pay $7 million after improperly classifying 38 truck drivers as independent contractors, providing yet another example of the importance of accurate employee classification. The issues for the California shipping company began when the local Teamsters union attempted to organize the drivers. During the organizing process, the California Department of…

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Apr 28 2016
Wage and Hour

Pre-Shift and Post-Shift Activities: Should the Time Spent Briefing Employees be Paid?

An employer in Texas will pay $460,853 to compensate 239 employees who weren’t getting paid for the time they spent staying after their shifts to update incoming workers. The oil refinery employees were scheduled to work 12-hour shifts, but at the 12-hour mark, they had to update incoming employees on what had happened during their…

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Jan 19 2016
Leave LawsQ&AWorkers’ Comp

Does the FMLA apply to on-the-job injuries?

A: Yes, if all elements of the FMLA are met. A work-related injury, just like any other physical condition that necessitates time off, could be an FMLA-qualifying event. If your organization is covered by the FMLA, meaning that you have employed 50 or more employees for 20 or more workweeks in the current or preceding…

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Oct 21 2015
Drug and AlcoholPrivacy & ConfidentialityQ&A

When is it okay to search an employee’s locker?

A: As long as you warn employees and have a legitimate business purpose, you may conduct searches of items and areas located on company property, including company-owned lockers. As an employer you must always show that your business needs justified your actions and how those needs outweighed an employee’s reasonable expectation of privacy. Before conducting…

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Oct 13 2015
Termination & Resignation

Retaliation can apply to more than just work-related complaints

An employee’s report to police that a coworker stole her ring at work was protected and could not be used as the reason for her termination, ruled a California court of appeal. An employee received an expensive ring for her anniversary and consistently wore it to work, leaving it in a specific pocket on her…

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Jul 17 2015
Hiring

Why you should review the content of your company’s background check disclosure forms

Under the FCRA, employers are required to provide a notice disclosing that a background check will be run and an authorization to conduct the background check itself. The argument made in the lawsuit is that the disclosure and authorization forms cannot include other language. In this case, Home Depot had additional language on its forms…

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Jul 14 2015
Leave LawsQ&A

Could an employee’s text to a supervisor trigger FMLA?

Yes, a text from an employee to their supervisor could be enough to excuse their absence and trigger the Family and Medical Leave Act (FMLA), if you’ve allowed employees to use that method in the past. Many employers have a policy that requires employees to actually call in to the office in order to excuse…

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