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Nov 23 2015
DisabilityLeave LawsQ&A

What is the law regarding pregnancy time off in Washington?

A: Yes, under Washington law if you have at least eight employees you must give your pregnant employee a leave of absence for the entire time she is sick or temporarily disabled due to pregnancy or childbirth. This law applies to all pregnant employees, regardless of their position, pay, number of hours worked, or length…

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Nov 17 2015
Harassment & DiscriminationQ&ATermination & Resignation

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

Answer: Sorry, but there is a risk! Termination at this point definitely puts the company at risk for a retaliation claim and the employee could get a verdict in his favor, even if the company can prove that the reference letters were fake and the termination wasn’t discriminatory. That doesn’t mean the employee is “fire-proof”…

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Nov 02 2015
Q&AWage and Hour

When to pay travel time for non-exempt employees?

A: Under federal wage and hour law, if you are sending a non-exempt employee out of town and the employee will be away overnight, then you’ll have to pay for time spent in transit (whether in a plane, car, etc.) to the extent that this time corresponds with the employee’s regular hours of work. This…

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Oct 21 2015
Drug and AlcoholPrivacy & ConfidentialityQ&A

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

A: As long as you warn employees and have a legitimate business purpose, you may conduct searches of items and areas located on company property, including company-owned lockers. As an employer you must always show that your business needs justified your actions and how those needs outweighed an employee’s reasonable expectation of privacy. Before conducting…

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Sep 21 2015
Labor RelationsQ&A

What rights extend to personal vehicles on company property?

Yes, in this situation you would be able to require the employee to remove the objectionable material from their personal vehicle, but you may not always have that right. The federal National Labor Relations Act (NLRA) gives employees the right to engage in concerted activity for mutual aid and protection related to wages, hours, and…

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Sep 15 2015
HiringQ&A

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

A: Don’t panic. The information is probably available online. The US Customs and Boarder Protection shifted Form I-94 to an electronic version in the last two years; the agency no longer issues paper forms. All travelers may access the I-94 Automation website at www.cbp.gov/i94 to retrieve an official I-94 printout. In your situation, ask your…

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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?

A: Yes. The biggest risk is that you will not pay them correctly under wage and hour law. Even if an employee is paid a salary, if the employee doesn’t meet the requirements to be exempt from overtime, he or she must be paid 1.5 times their regular hourly rate for all hours worked over…

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Jul 29 2015
Employee BenefitsQ&ATermination & Resignation

Can an employee who voluntarily quit still get unemployment benefits?

Possibly, depending on the circumstances. Generally, an employee who voluntarily quits without good cause is disqualified from receiving unemployment benefits. However, there are a few exceptions. For example, an employee who quits because he is subjected to harassment or a hostile work environment can still qualify for benefits. This is sometimes referred to as “constructive…

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Jul 14 2015
Leave LawsQ&A

Could an employee’s text to a supervisor trigger FMLA?

Yes, a text from an employee to their supervisor could be enough to excuse their absence and trigger the Family and Medical Leave Act (FMLA), if you’ve allowed employees to use that method in the past. Many employers have a policy that requires employees to actually call in to the office in order to excuse…

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May 18 2015
Drug and AlcoholQ&A

Anonymous tip on drug use alone not enough to justify test

Answer: The use of drugs in the workplace is on the rise, as we discuss in our post, “Positive drug tests on the rise.” However, this trend alone doesn’t give employers the right to jump to conclusions. An anonymous tip is not enough to require a drug test. Reasonable suspicion doesn’t mean you have to be…

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May 11 2015
HiringQ&A

Designate representative to review remote employee’s I-9 documents

Answer: Delegate the task. Remember that employees must complete section 1 of the I-9 form by their first day of work, while employers must complete section 2 of the form and verify a new employee’s documents within three business days of starting employment. The United States Citizenship and Immigration Services (USCIS) states an employer’s responsibility…

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May 07 2015
Q&ATermination & Resignation

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

Answer: Answer: It’s a good idea to require a terminating employee to sign a release agreement any time you offer compensation they are not already entitled to receive. The release or separation agreement does not need to be signed during the termination meeting; in fact, in some situations it will not be valid or enforceable…

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