Vigilant Blog

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

Showing posts for: Q&A

Photo of Kandis Sells
May 07 2015
Q&ATermination & Resignation  

When should an employee sign a release agreement for severance pay?

Question: We are terminating an employee and would like to offer severance pay. Should we ask the employee to sign a release agreement and how long should we give the employee to consider whether to sign?

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Photo of Sean Brown
May 04 2015
Q&AHarassment & Discrimination  

Reassigning harassment victim is risky

Question: We have two employees who just can’t seem to get along. One of the employees brought a harassment complaint against the other alleging, among other things, inappropriate sexual advances and cussing. Can we separate the two employees, by moving the alleged victim to another area, and be done with the situation?

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Apr 09 2015
Q&AWage and Hour

No easy solutions for avoiding overtime pay

Question: We have two related companies with common ownership. Employees often work a shift with one company and then work a second shift with the other company. As long as the work for each company never goes over 40 hours per week, we don’t have to pay overtime, right?

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Photo of Jodi Slavik
Mar 31 2015
Q&AWage and Hour  

Do employees occasionally working in Seattle get a minimum wage bump?

Q: Our business isn’t in Seattle but we have some employees who occasionally work there. Do we have to pay the new minimum wage to these employees starting April 1st?

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Mar 23 2015
Q&ADisability

Is a new supervisor a reasonable accommodation for a mental health disability?

Question:  An employee with a behavioral/mental health disability requested a new supervisor as a reasonable accommodation, saying they no longer get along as the motivation for the request. Is this a reasonable accommodation?

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Photo of Sean Brown
Mar 03 2015
Q&ALeave LawsWage and Hour  

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

Q: Do any of the new paid sick leave laws in various cities throughout Washington and Oregon, or the state of California, require employers to pay out unused sick leave?

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Feb 11 2015
Q&AWage and Hour

What is the liability under California law for failing to provide a rest period?

Q: If our company pays an employee for their 10-minute rest period, but the employee reports that he didn’t actually take a break from work, are we complying with California wage and hour laws?

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Photo of Jon Benson
Jan 27 2015
Q&ALabor Relations  

Can we require employees to keep quiet about their wages?

Q: We’re worried that morale could be hurt by employees comparing their salary or wages with one another. Can we prohibit our employees from discussing their wages?

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Photo of Kandis Sells
Jan 15 2015
Q&ADisability  

Termination for bad behavior is not disability discrimination or retaliation

Question: Our company is working through some long-term performance issues with two employees who are not improving. Both of these employees have disabilities that we are actively accommodating so termination is risky, but do we have to just keep them on forever if they aren’t good employees?

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Photo of Karen Davis
Jan 06 2015
Q&A  

If anti-harassment policy is broader than law requires, be prepared to enforce it

Q: Our policy against harassment says we will take disciplinary action for any inappropriate workplace conduct, regardless of whether it violates the law. An employee complained of coworkers yelling at him, but it doesn’t seem connected to a protected status, so do we have to take action?

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