Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts for: Q&A

Photo of Kara Craig
Jun 17 2021
Q&AFeatured Worker’s CompLeave LawsWorkers’ Comp  

Q&A: Does compliance with workers’ comp satisfy FMLA obligations?

Question: Our employee was injured at work and needs to be off work for two months. The employee filed a workers’ compensation claim, which was accepted. The plant manager told the employee that medical leave is covered by workers’ comp and to call when they’re cleared to come back to work. Are we missing…

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Photo of Lorraine Hoffman
May 20 2021
Q&A  

Q&A: Do vaccine incentives have to be included in OT calculations?

Question: We want to offer a cash incentive to our employees who have been vaccinated for COVID-19 (coronavirus) in order to encourage vaccination rates in our workforce, but we don’t want to recalculate the employee’s “regular rate” for overtime. What can we do? Answer: You’re in luck! The U.S. Department of Labor (DOL) updated its COVID-19…

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Mar 04 2021
Q&ACOVID-19  

Q&A: Out-of-state remote work raises compliance issues

Question: Due to the COVID-19 (coronavirus) pandemic, many of our workers are working remotely, and some are working out of state. Do we have to comply with laws in the states where they’re located? Answer: It depends on the state where the remote worker is performing work. Generally, workers are governed by at…

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Photo of Kara Craig
Feb 04 2021
Q&ACOVID-19DisabilitySafety and HealthWage and HourWorkers’ Comp  

Q&A: Plan ahead in encouraging COVID-19 vaccinations

Question: Some of our employees have expressed concern about the possibility of a mandatory vaccine policy. What could we do to incentivize our employees to get vaccinated against COVID-19? What legal issues should we worry about? Answer: The Centers for Disease Control and Prevention (CDC) has released a Vaccination Toolkit for…

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Photo of Manish Gooneratne
Jan 07 2021
Q&ACOVID-19Safety and Health  

Q&A: Pandemic precautions affect winter driving

Question: Should we consider any special driving precautions for employees in winter during the COVID-19 (coronavirus) pandemic compared to a “normal” winter season? Answer: Yes, this is an entirely new frontier of change, challenges, and struggle for many of us, and preparing for winter driving conditions may require a little more creativity. First and…

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Photo of Kara Craig
Aug 20 2020
Q&AHarassment & Discrimination  

Q&A: Establish a policy on political speech on clothing

Question: One of our employees wore a t-shirt in support of a political cause yesterday. Today another employee arrived at work wearing a mask with messaging in favor of her political party. I sense a slippery slope here. Do we have to allow this? Answer: No. Employees don’t have First Amendment rights in…

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Photo of Jon Benson
Aug 06 2020
Q&ALabor Relations  

Q&A: Untangle abusive employee conduct and protected activity

Question: One of our employees posted an abusive and profane message about their supervisor on social media, complaining to coworkers about pay and working conditions. Can we discipline this employee? Answer: Maybe, if you would discipline other employees for using such language at work. The National Labor Relations Act (NLRA) protects…

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Photo of Lorraine Hoffman
Jul 09 2020
Q&ACOVID-19Safety and Health  

WASHINGTON Q&A: Face coverings required except for work alone

Question: We know that all employees in Washington must wear a cloth face covering except when working alone in an office, vehicle, or at a job site. What does it mean to be “working alone”? As long as employees stay at least six feet apart from each other, does that mean they’re…

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Photo of Kara Craig
Jun 18 2020
Q&ALabor Relations  

Q&A: Know how to address inflammatory social media posts

Question: Several employees have reported that a coworker posted offensive content on Facebook about the recent protests. They say that she’s making “racist” comments and it makes them uncomfortable. Can we discipline the employee? If not, what else can we do to address this behavior? Answer: First, gather all of the facts. Find out exactly…

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Photo of Lorraine Hoffman
May 21 2020
Q&ACOVID-19Safety and Health  

Q&A: Address worker concerns about cloth face coverings

Question: We’ll be requiring employees to wear cloth face coverings at work, but we’re worried about pushback. What do we need to know? Answer: With the recommendation from the Centers for Disease Control and Prevention (CDC) for people to wear cloth face coverings in public and at work, it seems that these fancy…

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