Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Q&A

Photo of Diane Buisman
Oct 24 2013
Q&AHiringImmigration  

Should we use E-Verify during our hiring process?

Q: We’re unsure about our ability to review and authenticate documentation presented during the I-9 process. Should we start using E-Verify to make us feel more secure?

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Photo of Karen Davis
Oct 17 2013
Q&ALabor Relations  

NLRA protects workers’ complaints and other activities

Q: One of our employees complains all the time. Today we learned he started a Facebook page that says our company sucks. We have a policy prohibiting disparagement of our organization. Can we tell him if he doesn’t like it here, he can leave?

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Oct 17 2013
Q&ALabor Relations

Make sure your photography ban satisfies the NLRB

Q:  We have a ‘no photography’ policy to protect our manufacturing process. I have recently read that this limitation may be against the law. Is that true?

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Photo of Lorraine Hoffman
Oct 10 2013
Q&ALeave LawsWage and Hour  

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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Oct 08 2013
Q&ADrug and Alcohol

Reliable statements about off-the-job drug use may justify reasonable suspicion testing

Q: We received information recently that one of our employees admits to using drugs and to falsifying her random drug tests. Can we drug test her based on this information?

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Photo of Karen Davis
Oct 03 2013
Q&AWage and Hour  

Most bonuses require additional overtime calculation

Q: We pay a bonus of up to $500 if employees meet certain production and safety goals. I heard at a seminar that we’re supposed to pay overtime on the bonus. Are you kidding me?!

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Sep 18 2013
Q&ADrug and Alcohol

Use of E-Cigarettes in the workplace

Q: One of our employees in Seattle asked this morning, "Are we allowed to smoke e-cigarettes in the office? My officemate does not mind."

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Photo of Jodi Slavik
Sep 10 2013
Q&ADisabilityHiring  

Can I ask job applicants if they smoke?

Q: With the government confirming that smokers cost $4,000 more a year in health care costs, can I ask an applicant “Do you smoke?”

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Photo of Diane Buisman
Sep 09 2013
Q&AWage and Hour  

Can employees waive their wage and hour rights?

Q: Our employees would like to work on Saturdays, to get a jump start on production and make extra money, but we can’t afford to pay them overtime. If they want to work at their straight time rate for hours over 40 in the week, can we let them?

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Sep 05 2013
Q&ADisability

Use of a Service Animal as a Reasonable Accommodation in Washington

Q: My new receptionist showed up today for her first day of work with her 150 pound Golden Retriever and said I had to allow her to keep it at work because it helped her deal with her anxiety. Do I have to allow this?

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