Q&A | Employment Law Blog in WA, OR, and CA | Vigilant

Vigilant Blog

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

Showing posts for: Q&A

Dec 07 2023
Drug and AlcoholFeatured Worker’s CompQ&A

Q&A: Manage Washington Workers’ Comp After Positive Drug Test

Question: We had an employee hurt themselves in a forklift accident and test positive in a post-accident drug test carried out based on our policy. If we terminate them, will they still get workers’ compensation benefits? Answer: Yes, we would expect them to be eligible for workers’ compensation benefits such as time loss (wage replacement benefits). As…

Read More…
Nov 16 2023
Leave LawsQ&A

Q&A: Use caution when denying holiday pay after sick time

Question: An employee called out sick the day before Thanksgiving, but our policy says employees must work the last scheduled day before and first scheduled day after a holiday in order to receive holiday pay. Can we deny him the Thanksgiving holiday pay? Answer: It depends on whether the employee is using protected paid sick…

Read More…
Nov 16 2023
Harassment & DiscriminationPrivacy & ConfidentialityQ&A

Q&A: Internal management communications aren’t confidential

Question: For weeks our management team has been trading internal emails discussing why we need to terminate an employee who isn’t meeting performance standards. In the most recent email thread, one manager said that he wants to move more quickly to fire the employee because the employee reported workplace harassment a few days ago and…

Read More…
Nov 02 2023
Q&ASafety and HealthWage and Hour

WASHINGTON Q&A: Employers can still prohibit some moonlighting

Question: We know there have been many changes in Washington law lately about non-compete restrictions, but are we still allowed to prohibit current employees from moonlighting? Answer: Under certain conditions, yes. Washington law allows employers to restrict current employees from “moonlighting” (i.e., working other jobs at the same time) if the employee is making at…

Read More…
Nov 02 2023
Drug and AlcoholHiringQ&A

WASHINGTON Q&A: Conducting pre-employment cannabis tests

Question: We plan to continue pre-employment drug testing for marijuana after Washington’s new restrictions go into effect on January 1, 2024. We heard one of the exceptions that would allow us to continue pre-employment marijuana testing is if impairment in the position “presents a substantial risk of death.” What does that mean and how can…

Read More…
Sep 07 2023
Labor RelationsQ&ATermination & Resignation

Q&A: Do employees have a right to talk with customers about pay

Question: One of our customer service employees recently contacted a customer to enlist support for higher pay for themselves and coworkers. Can we discipline or terminate them for this conduct? Answer: Probably not. You cannot terminate a nonmanagement employee for engaging in a protected “concerted” (group) activity under Section 7 of the National Labor Relations…

Read More…
Aug 24 2023
Q&AWage and Hour

Q&A: Address shortened meal periods

Question: Nonexempt (overtime-eligible) employees normally get a 30-minute unpaid meal period, but we have a few people who choose to work through lunch or cut their meal period short. As long as it’s their choice, are we okay?   Answer: Let’s start with federal law, but the final answer may be different depending on the…

Read More…
Jul 20 2023
Q&A

Q&A: Archiving old policies and handbooks

Question: We just updated our employee handbook and distributed it to employees. Is there any reason to retain the prior version? Answer: Yes! HR should save a copy of every handbook or policy that is distributed to employees and clearly note the effective dates of each version. The company may be required to produce this…

Read More…
Jul 06 2023
Q&AWage and Hour

Q&A: Don’t ignore off-the-clock work

Question: We have a full-time, hourly employee who occasionally logs on to our network from his home computer after he’s left the office for the day. His supervisor has received emails from him after work hours but doesn’t respond to them until the next day. A few months ago, we told the employee he isn’t…

Read More…
Jun 15 2023
Harassment & DiscriminationQ&A

Q&A: Offensive music in workplace subject to anti-harassment policy

Question: A new employee complained about the “vulgar” lyrics in songs playing on the warehouse radio. The shift supervisor usually chooses a local radio station, and nobody has a problem with it. Do we really have to monitor the content of background music we provide to employees to help make the day go faster? Answer:…

Read More…
Jun 01 2023
Drug and AlcoholQ&A

Q&A: Double-check the types of drugs you’re testing for

Question: My employee was acting in an unusual manner, so we tested them under our drug and alcohol policy. The test came back negative, but we still believe that the employee is under the influence of some type of substance. What should we do? Answer: In general, you should allow your supervisors to document unusual…

Read More…
May 18 2023
Labor RelationsQ&ASafety and Health

Q&A: Insubordination may be protected under NLRA

Question: One of our employees yelled at our plant manager during a team meeting and called the manager “the devil incarnate,” said that the manager “must enjoy torturing the crew,” and that “working here was a living hell.” He was complaining because the manager was requiring mandatory overtime during the most recent heatwave. We follow…

Read More…

Don’t Navigate Employment Issues On Your Own

Learn how Vigilant membership can help with your complex employment situations.
Scroll to Top