Mar 08 2019

Q&AHarassment & Discrimination  

Q&A: Do we have harassment liability if a workplace relationship is consensual?

Question: An employee in a consensual, romantic relationship with a manager in another department has started complaining about “harassment,” which is really just her coworkers teasing her about the relationship. She’s also complaining that they’re having “problems” in the relationship which is spilling over into hostile treatment at work by the manager. The owner is ready to terminate her for continuing to bring her drama into the workplace. Are there any legal concerns we should consider?

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Feb 13 2019

Q&AWage and Hour  

Q&A: Watch out for pattern of identical time card entries

Question: We have a strict policy requiring hourly employees to receive prior approval for any overtime work. Are there any concerns with this type of policy?
 

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Jan 11 2019

Q&AWage and Hour  

Q&A: Ensure proper pay for after-hours emails

Question: I have a dedicated, hard-working employee, a Production Lead, who always stays on top of their work, often checking and responding to work emails after hours but not recording the time. What is my obligation, if any, to pay them for this time? Answer: Your organization is potentially facing exposure…

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Dec 20 2018

Q&AHarassment & DiscriminationPrivacy & Confidentiality  

Q&A: Know how to handle the aftermath of a harassment investigation

Question: I just completed a harassment investigation. We verified that harassment occurred and terminated the harasser. Everyone seems to know what happened and tensions are high in our small office. What else can I do? 

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Dec 17 2018

Q&AEmployee BenefitsHarassment & DiscriminationLabor RelationsWage and Hour  

Q&A: No-fault attendance policies must allow many exceptions

Question: We have a “no fault” attendance policy which assigns points for absences, tardies, and early departures. Employees are disciplined and eventually terminated if they reach a certain number of points. We know we have to allow exceptions for legally protected time off, but what if it’s unclear whether an absence is protected?  

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Aug 22 2018

Q&ADisabilityDrug and AlcoholHiringTermination & Resignation  

Q&A: Use MRO to verify whether prescription caused positive drug test

Question: We require all new hires to pass a pre-employment drug test. Do we have to use the same process we use for our random, reasonable suspicion, and post-accident drug testing and send positive test results to a medical review officer (MRO)? Or, can we simply ask potential new hires for a list of medications they have been prescribed?

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Aug 17 2018

Q&ADisabilityLeave LawsSafety and Health  

Q&A: No FMLA notice required unless employee asks for time off

Question: I have a production employee who says that standing for eight hours a day is causing him pain. He doesn’t want to go on any type of leave and says he’d rather just suffer through it. We are covered by the federal Family and Medical Leave Act (FMLA). What do I do?
 

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Aug 10 2018

Q&A  

Q&A: Respond quickly and thoughtfully to social media posts

Question: I just found out that an employee posted a hateful comment toward immigrants on her personal Facebook page. We’re afraid of the bad PR impact on our business. Can we fire her for violation of our policy against discrimination?

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Aug 06 2018

Q&ADisabilityHarassment & DiscriminationSafety and Health  

Q&A: “100-percent healed” return-to-work policy violates ADA

Question: To avoid workplace injuries, we require all employees to be 100-percent healed without any medical restrictions before they return to work after an illness or injury. We think this is an important policy to protect employee safety, but recently heard it might be unlawful discrimination. Is it?

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Jul 06 2018

Q&ADisability  

Q&A: Rotating shifts may be essential job function

Question: We have approximately 10 employees in one department performing the same job, with 6 working rotating shifts and the other 4 working only on the day shift. One of the employees assigned to the rotating shift brought in a doctor’s note saying he can only work on the day shift due to a medical condition. Do we have to grant his request?

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