Vigilant Blog

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

Showing posts for: Q&A

Photo of Jodi Slavik
Feb 02 2016
Q&ALeave Laws  

What is the FMLA’s rule about 50 employees within 75 miles?

Q: We have employees at two small facilities in towns that are 60 miles away from each other. One facility has 10 employees and the other has 43. An employee at the 10-employee site has requested leave under the federal Family and Medical Leave Act (FMLA). We don’t believe he qualifies for FMLA because each facility has less than 50 employees. Is that correct?

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Photo of Sean Brown
Jan 19 2016
Q&ALeave LawsWorkers’ Comp  

Does the FMLA apply to on-the-job injuries?

Q: Our employee was injured on-the-job and is currently off work under a workers’ compensation claim. Does the federal Family and Medical Leave Act (FMLA) apply when an employee is off work for a workers’ comp claim?

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Jan 11 2016
Q&AWage and Hour

Off-duty review of email may trigger overtime

Q: If we require a non-exempt employee to monitor and respond to email during her off duty time, do we have to pay her for that time, including any overtime that may be triggered?

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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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