Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Q&A

Jan 06 2016
Q&ADisabilityDrug and Alcohol

Do we have to hire an applicant who disclosed she is a recovering alcoholic?

Q: During an interview, a candidate mentioned that she recently completed an alcohol rehabilitation program. Could we get into any legal trouble if we decide not to hire this candidate?

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Dec 16 2015
Q&ALeave Laws

Does the Oregon Sick Leave law require us to provide more time off?

Q: Can I use my existing paid time off policy to comply with the new Oregon Sick Leave law without adding any additional time off?

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Photo of Lorraine Hoffman
Dec 11 2015
Q&ALeave Laws  

Do we have to pay our exempt employees while they are on a one or two day military leave?

Q: We have an exempt employee who is in the National Guard. He requested a single day off for duty. Since he’s a salaried employee and he’s working during that pay period do we have to pay him his full salary?

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Photo of Kandis Sells
Nov 23 2015
Q&ADisabilityLeave Laws  

What is the law regarding pregnancy time off in Washington?

Q: We recently found out that one of our employees is five months pregnant, and may need to be on bed rest for the remainder of her pregnancy. We’re a small company; are we legally required to give her the time off?

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Photo of Kandis Sells
Nov 17 2015
Q&AHarassment & DiscriminationTermination & Resignation  

Retaliation claim may succeed despite employee’s falsified letters of reference

Question: Our employee filed a discrimination complaint, and during the investigation we discovered that he recently submitted fake letters of reference with his application for a promotion. Can we terminate him for lying without risk of a retaliation claim?

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Photo of Jon Benson
Nov 02 2015
Q&AWage and Hour  

When to pay travel time for non-exempt employees?

Q: We’re sending a non-exempt employee to the East Coast for training. Do we have to pay her for all that time spent flying and traveling to the destination?

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Photo of Sean Brown
Oct 21 2015
Q&ADrug and AlcoholPrivacy & Confidentiality  

When is it okay to search an employee’s locker?

Q: Our custodial staff found beer cans in the lunchroom. We don’t know who could have been drinking at work and we’d like to search employee lockers in order to find out. Is that okay?

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Sep 21 2015
Q&ALabor Relations

What rights extend to personal vehicles on company property?

Can I require an employee, who parks on company property while at work, to remove a large Confederate flag flying in his truck?

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Photo of Jodi Slavik
Sep 15 2015
Q&AHiring  

What should we do if an employee has missing I-94 information?

Q: While doing an I-9 audit, I discovered missing information for an employee’s Form I-94, which is the arrival/departure record that a foreign visitor receives when entering the United States. When I asked the employee, he says he does not have a Form I-94. What should I do?

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Aug 24 2015
Q&AWage and Hour

What’s the risk in paying a non-exempt employee a salary rather than hourly wage?

Q: We have several employees who don’t meet the overtime exemption requirements, but who prefer to be paid by a salary rather than an hourly rate. The employees really like the flexibility of a salary. Is there any risk to not making them hourly?

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