Question: Early in the pandemic, we didn’t discipline for absences related to COVID-19 (coronavirus). With all that’s changed since then, can we return to our regular attendance policy? Answer: Not so fast. In any state, if an employee quarantines or isolates due to a workplace exposure, the employee may have protection under state…
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Question: We have a non-exempt (hourly) employee in Washington who’s going to be traveling out of town for work. What travel time hours do they need to be paid for? Answer: The safest approach is to pay the employee door-to-door (from their home to the out-of-town destination and from the out-of-town destination back…
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Question: My employee says they tested positive for COVID-19 (coronavirus). There have been so many changes to the requirements that I’m not sure what I should do anymore. Please help! Answer: Start with current federal guidance and then check your state and local requirements. The Centers for Disease Control (CDC) web page on…
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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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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…
Read More…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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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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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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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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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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