Home » Blog » Q&A » Page 13

Vigilant Blog

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

Showing posts for: Q&A

May 04 2015
Harassment & DiscriminationQ&A

Reassigning harassment victim is risky

Answer: The short answer is no. Moving an employee instead of conducting an investigation and dealing with the underlying problem could create two additional, and potentially more serious, issues. First, just moving the alleged victim could open the company up to a retaliation claim, because the move could be an adverse employment action. The alleged…

Read More
Apr 09 2015
Q&AWage and Hour

No easy solutions for avoiding overtime pay

Question: We have two related companies with common ownership. Employees often work a shift with one company and then work a second shift with the other company. As long as the work for each company never goes over 40 hours per week, we don’t have to pay overtime, right? Answer: Wrong. Unless exempt, federal law…

Read More
Mar 31 2015
Q&AWage and HourWashington

Do employees occasionally working in Seattle get a minimum wage bump?

A: Yes, depending on how many hours they work within the city. Similar to its Paid Sick and Safe Leave ordinance, Seattle is applying the new minimum wage for partial work in the city. The ordinance requires the new $10 minimum wage ($11 if you have over 500 employees) for every hour worked by employees…

Read More
Mar 23 2015
DisabilityQ&A

Is a new supervisor a reasonable accommodation for a mental health disability?

Answer:  It might not be, but you need to go through the process to make a determination.  After an employee makes a request for accommodation, the employer and the employee share information in an “interactive process” under the Americans with Disabilities Act (ADA). While the employee may not be granted the exact accommodation requested, the…

Read More
Mar 03 2015
Leave LawsQ&AWage and Hour

In California, Oregon and Washington: Are employers required to pay out sick leave?

A: No, none of the new sick leave laws currently require employers to pay out unused paid sick leave. However, in some states, such as California and Montana, if an employee accrues rights under company policy to paid time off (PTO) or vacation, the amount becomes payable upon separation from employment. In these states, employers…

Read More
Feb 11 2015
CaliforniaQ&AWage and Hour

What is the liability under California law for failing to provide a rest period?

A: No, paying for a missed rest period is not enough. If an employee misses a rest period he or she is entitled to one hour of additional pay at their regular rate, payable in the next paycheck. If an employee is not paid this hour of pay by the next paycheck, then penalties may…

Read More
Jan 27 2015
Labor RelationsQ&A

Can we require employees to keep quiet about their wages?

A: No. It’s understandable that employers may not want folks discussing wages and salaries around the water cooler, but the National Labor Relations Act (NLRA) makes it illegal to prohibit non-management employees from sharing this information. Under the NLRA, non-management employees have the right to discuss their wages, hours and working conditions with each other….

Read More
Jan 15 2015
DisabilityQ&A

Termination for bad behavior is not disability discrimination or retaliation

Answer: No, you can (and, arguably, should) terminate employees who are engaging in misconduct or not adequately performing essential job functions, even if they are being accommodated for a disability, as long as the performance issues are not actually due to the disability. Two recent federal court cases support such terminations. In a Ninth Circuit…

Read More
Jan 06 2015
Q&A

If anti-harassment policy is broader than law requires, be prepared to enforce it

A: If you promise that you’ll provide greater anti-harassment protections than what the law requires, you need to be prepared to follow through. According to a recent federal district court decision in Connecticut, a promise to take disciplinary action regardless of whether the conduct violates the law could give employees the ability to bring a…

Read More
Dec 16 2014
DisabilityQ&A

Essential functions of job may not be as clear as you think

Answer:  Be careful on this one; a court may have a very different perspective on whether the cleaning duties are an essential function of this job under the Americans with Disabilities Act (ADA). The Equal Employment Opportunity Commission (EEOC) says relevant factors could include: • your judgment as the employer; • written job descriptions prepared…

Read More
Dec 10 2014
Employee BenefitsQ&AWage and Hour

State sponsored programs provide good options to avoid layoffs and furloughs

A: Possibly. Many states have programs in place for employers who need to reduce hours, providing lost wages to employees through partial unemployment while having almost no impact on the employer’s unemployment-insurance tax rate. These programs benefit employees because their lost wages are recovered, and it allows employers to keep trained and skilled staff during…

Read More
Dec 03 2014
CaliforniaLeave LawsQ&A

Choose the FMLA leave year wisely or you could be allowing double usage

A: Yes, if the employer is using the calendar or fixed year method of tracking leave under the Family and Medical Leave Act (FMLA). The calendar method uses January 1 through December 31 as the basis for the 12-month period, while a fixed leave year uses any fixed 12-month period (e.g. an employee’s anniversary date)….

Read More

Is My Company Eligible?

If you are a manufacturing or agriculture employer in Washington and committed to keeping your employees safe and working, you may be eligible for Vigilant's workers' compensation Retro or claims management programs. To see if you qualify fill out our release form now, or contact us.

Release Form
Contact Us
Browse By Category
Browse By Topic
Filter By State
Get Our Newsletter
Sign Up Today
Connect With Us
Linkedin

Don’t Navigate Employment Issues On Your Own

Learn how Vigilant membership can help with your complex employment situations.
Get in Touch Today
Scroll to Top