Vigilant Blog

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

Showing posts for: Q&A

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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Photo of Lorraine Hoffman
May 14 2020
Q&ACOVID-19  

Q&A: Be alert to unemployment fraud during pandemic

Question: Our business has received a number of unemployment claims that seem odd, including some from employees who are still working. We know that unemployment claims are way up due to business slowdowns related to COVID-19 (coronavirus), but is there something that we should be doing about these unusual or…

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Photo of Jon Benson
Apr 09 2020
Q&ACOVID-19Harassment & DiscriminationLeave Laws  

Q&A: Be careful about treating “high risk” employees differently

Question: Can we exclude employees from the workplace if they’re at high risk for severe illness from COVID-19, such as older workers or workers with underlying medical conditions? Answer: In general, no. If your reason for keeping employees away from work is based solely on their membership in a high-risk group based on…

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Photo of Karen Davis
Feb 28 2020
Q&ASafety and Health  

Q&A: Follow CDC guidance on coronavirus concerns

Question: One of our employees went on vacation to Thailand and is scheduled to return to work in a couple of days. We don’t know whether her itinerary included any connections through China, but we’re concerned she could have been exposed to the coronavirus. Can we tell her not to come to work…

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Photo of Kara Craig
Feb 11 2020
Q&ADisabilityDrug and Alcohol  

Q&A: Are prior addicts covered by the ADA?

Question: One of our employees failed a random drug test. He says the positive test occurred because he was prescribed methadone by his doctor to treat his addiction to opiates. Do we have to retain him? We’re concerned about safety.   Answer: If your drug testing process had included the services of a Medical…

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Photo of Jackie Marks
Jan 02 2020
Q&ADisabilityTermination & Resignation  

Q&A: Mandatory EAP referral doesn’t mean you perceived disability

Question: We have an employee who is acting strangely, including making paranoid comments about coworkers sabotaging her work. I investigated, but found no evidence to support her allegations. The employee continues to complain. Can we require her to contact our Employee Assistance Program (EAP) and attend any counseling sessions recommended…

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Photo of Lorraine Hoffman
Dec 23 2019
Q&ALeave LawsWage and Hour  

Q&A: Keep sick leave laws in mind before denying holiday pay

Question: Our policy requires employees to work their last scheduled day before a holiday and first scheduled day after a holiday in order to be eligible for holiday pay. In the past, some employees have called in sick when they were scheduled to work the day before or after a…

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Photo of Jon Benson
Dec 10 2019
Q&A  

Q&A: Winter is coming! Review your inclement weather policy

Question: During bad weather there are times when some employees can’t make it in to work or when we close the business entirely for the day. Under what circumstances are we required to pay employees?   Answer: It depends on the circumstances. The rules are different for salaried exempt employees compared to non-exempt…

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Photo of Lorraine Hoffman
Nov 13 2019
Q&ADisabilityHiring  

Q&A: Catch-all language in job description not much help in ADA defense

Question: Is it okay to have the language “other duties as required” in a job description? Answer: Sure, it’s common to include that catch-all language in a job description. However, you shouldn’t rely on that language to incorporate regular duties that are important for the particular job. Under the Americans with Disabilities Act (ADA), an employer…

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Photo of Kandis Sells
Oct 23 2019
Q&A  

Q&A: Company using PEO is still liable for legal compliance

Question: We’re thinking about using a professional employer organization (PEO) to handle all of our payroll, hiring, and HR functions. Any legal concerns we should be aware of?   Answer: Yes. Use of a PEO can save you time and allow you to stay focused on your business functions, but be sure you don’t…

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