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Showing posts for: Sean Brown

May 04 2015
Harassment & DiscriminationQ&A

Reassigning harassment victim is risky

Answer: The short answer is no. Moving an employee instead of conducting an investigation and dealing with the underlying problem could create two additional, and potentially more serious, issues. First, just moving the alleged victim could open the company up to a retaliation claim, because the move could be an adverse employment action. The alleged…

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Mar 03 2015
Leave LawsQ&AWage and Hour

In California, Oregon and Washington: Are employers required to pay out sick leave?

A: No, none of the new sick leave laws currently require employers to pay out unused paid sick leave. However, in some states, such as California and Montana, if an employee accrues rights under company policy to paid time off (PTO) or vacation, the amount becomes payable upon separation from employment. In these states, employers…

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Dec 30 2014
DisabilityWashington

Collaboration and communication key to disability accommodation

An employee in a paper mill started to have uncontrollable vomiting when exposed to a variety of chemicals. The employee saw many doctors who provided various work restrictions. In response, the employer moved the employee to different locations in the mill, but the vomiting continued. Eventually the employer told the employee to stay home until…

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Dec 10 2014
Employee BenefitsQ&AWage and Hour

State sponsored programs provide good options to avoid layoffs and furloughs

A: Possibly. Many states have programs in place for employers who need to reduce hours, providing lost wages to employees through partial unemployment while having almost no impact on the employer’s unemployment-insurance tax rate. These programs benefit employees because their lost wages are recovered, and it allows employers to keep trained and skilled staff during…

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Oct 30 2014
HiringWashington

WASHINGTON: Overbroad, anticompetitive noncompetes are unenforceable

Two of the employees’ noncompete agreements prevented them from contacting any customers they communicated with while employed with the company. The court looked at this prohibition, and found that it was too harsh and overly broad. Essentially, this restriction would have prevented the employees from contacting companies who weren’t even customers, but were merely prospects…

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Oct 20 2014
Wage and Hour

Employers Liable for Wage Claims of Contractors and Subcontractors

The cleaning took place during the evening, typically around 11 p.m. when the stores were closed. The employees were not able to leave until their work was signed off in the morning, usually around 8 a.m. Unfortunately, the subcontractors failed to pay their employees minimum wage and overtime, while they also neglected to pay various…

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Oct 13 2014
Washington

WASHINGTON: Employers are responsible for discrimination between independent contractors

A contractor truck driver was called racial epithets, cursed at, and was the target of racially charged jokes made by other contract drivers. In response to this treatment, the independent contractor driver reported the incidents to an official at the client company who forwarded the complaints to dispatch. Two days after receiving the complaint, the…

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Oct 07 2014
California

CALIFORNIA: New workplace bullying training required

Starting January 1, 2015, employers in California with 50 or more employees must include training on preventing “abusive conduct” as part of the currently required sexual harassment training for supervisors. Abusive conduct under AB 2053 is defined as “conduct of an employer or employee in the workplace, with malice, that a reasonable person would find…

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Sep 11 2014
Leave LawsQ&A

How does military leave impact use of vacation time?

A: An employer can’t require an employee who is taking military leave to use accrued vacation or other paid leave during the time that they’re serving. However, if the employee wants to use accrued vacation or paid leave, the employer must allow them to do so. Generally, employers are more than willing to allow employees…

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Aug 19 2014
Wage and Hour

Failing to pay for pre-shift meetings carries a $600K price tag

An oil company has agreed to pay $619,830 in back wages and overtime after investigators from the U.S. Department of Labor discovered the company failed to pay employees for mandatory pre-shift safety meetings that lasted 30 minutes. Because the time spent in these meetings benefitted the employer and was required, the employees should have been…

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Aug 12 2014
Disability

Telecommuting privileges can be an accommodation under ADA

An employee received the green light to sue his employer after the employer withdrew his telecommuting privileges and then fired him 30 days following his disclosure that he needed to work from home due to a social anxiety disorder. The logistics employee worked for his employer for three years and, after receiving positive reviews, was…

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Jun 04 2014
Uncategorized

Non-compete clause upheld

An employee violated his non-competition clause when he abruptly left the company and established a competing business, ruled a federal district court in Idaho. The employee took a large client with him and left the former employer’s office shuttered. His employer sued, but before the trial began, the employee tried to escape any possible financial…

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