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Nov 13 2014
Drug and AlcoholQ&A

Can we provide nonprescription drugs in the workplace?

A: Yes, but it’s not recommended. Some employers believe that providing nonprescription medication to employees could potentially save on a large worker’s compensation claim because employees can self-help for medical issues rather than visiting a doctor. While that may occasionally be true, there is very little regulation regarding nonprescription medication in the workplace, so the…

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Nov 10 2014
CaliforniaLeave LawsQ&A

How does California’s new sick leave law impact PTO policies?

A: Possibly, although you’ll likely need to make some changes. California recently became the second state in the country to require employers to provide paid sick leave (AB 1522), and many companies are left wondering whether their paid time off (PTO) policy will comply with the new law. The answer depends on the PTO policy;…

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Oct 21 2014
DisabilityQ&A

Pregnancy Accommodation: Handle with care

A: Probably. The Pregnancy Discrimination Act prohibits discriminate against a woman because she’s pregnant and requires equal treatment as other employees with regard to their ability or inability to work. The Equal Employment Opportunity Commission (EEOC) took this up a notch in its July 2014 guidance, stating that employers should offer light duty to pregnant…

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Sep 24 2014
Leave LawsQ&A

What does reemployment of a veteran really mean?

A: Yes. The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) generally gives returning servicemembers the right to reemployment for up to five years after entering the military, provided they meet the eligibility requirements. When leaving to join the military, the employee doesn’t need to tell you whether they intend to return to work…

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Sep 11 2014
Leave LawsQ&A

How does military leave impact use of vacation time?

A: An employer can’t require an employee who is taking military leave to use accrued vacation or other paid leave during the time that they’re serving. However, if the employee wants to use accrued vacation or paid leave, the employer must allow them to do so. Generally, employers are more than willing to allow employees…

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May 13 2014
Drug and AlcoholQ&A

Some drug testing methods may have a disparate impact

A: Drug testing through hair samples can be tempting to employers, but it’s probably not the best option. In a recent case, a group of African-American police officers and candidates challenged their department’s practice of drug testing via hair samples, citing a higher rate of positive tests for African-American officers and candidates relative to the…

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Apr 17 2014
Leave LawsQ&A

FMLA defines spouse according to state law

A: The FMLA allows an otherwise eligible employee to take leave to care for a spouse with a serious health condition. When determining who is a “spouse,” the FMLA looks to the law of the state where the employee resides, which includes common law marriages and same-sex marriages, where they are recognized by state law….

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Jan 09 2014
Leave LawsQ&A

Who qualifies as a child under the FMLA?

A: Yes. The federal Family and Medical Leave Act (FMLA) allows employees to take time off to care for their child with a serious health condition. “Child” is defined as biological, adopted, foster, step, or someone that the employee is “in loco parentis” with, which means they are acting as their parent. The child needs…

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Jan 06 2014
Q&AWage and Hour

Do I need to pay employees for their time spent studying?

A: Yes, if a nonexempt employee is required to obtain or retain a certificate as part of their job, and they need to study for a test in order to do so, then that time should be compensated. In fact, there are actually very few circumstances when employers don’t have to pay a nonexempt employee…

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Nov 25 2013
DisabilityHiringImmigration

Temporary workers—whose employee is this?

A: You may not consider employees that you obtain from a temporary services company to be your employees, at least until you hire them on a permanent basis, but the law might. And, different laws apply differently to the temporary employment relationship, for example:   Federal Family and Medical Leave Act (FMLA): Under the FMLA,…

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Nov 18 2013
Q&AWage and Hour

Does a written policy shield an employer from claims of “off-the-clock” work?

A: Not necessarily. Having a clear policy on time reporting is essential, and requiring employees to verify in writing the hours worked is a “best practice” that Vigilant recommends. But, if supervisors encourage employees to under-report their hours, or the employer has reason to know that the time records are not accurate, then the written…

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Nov 14 2013
HiringImmigrationQ&A

Cutting corners on Form I-9 leads to big penalties

A: No, attaching photocopies of employees’ documentation, but leaving sections of the form itself incomplete, is not sufficient for I-9 purposes. One small employer who took that approach recently found itself with a bill for $173,500 in penalties from Immigration and Customs Enforcement (ICE). The employer had photocopied each employee’s documentation and attached it to…

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