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Oct 31 2013
Leave LawsQ&A

FMLA Certifications from Foreign Doctors

A: Yes, if she is eligible for leave and you receive timely, complete, and sufficient information supporting the need for leave from her mother’s health care provider. A certification from a foreign provider is sufficient under the FMLA, so long as that person is authorized to practice in his or her country, which is understandably…

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Oct 24 2013
HiringImmigrationQ&A

Should we use E-Verify during our hiring process?

A: Possibly. All employers must complete the Form I-9 for new employees and, as a part of that process, be able to review the documentation provided to ensure validity. Many employers struggle with being able to recognize forged documentation, even when using resources available from the U.S. Citizenship and Immigration Services, such as the “Handbook…

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Oct 17 2013
Labor RelationsQ&A

NLRA protects workers’ complaints and other activities

A: If he’s a supervisor or manager, absolutely. But if he’s a nonsupervisory employee, then his activity may be protected. Under the National Labor Relations Act (NLRA), most nonsupervisory employees have the right to band together for mutual aid and protection to address concerns about wages, hours, and working conditions. If the employee is voicing…

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Oct 17 2013
Labor RelationsQ&A

Make sure your photography ban satisfies the NLRB

A: You will want to be careful in how you enforce this policy. In recent months the National Labor Relations Board (NLRB) has taken the position that prohibiting employees from videotaping and taking photographs in the workplace may have a chilling effect on their right to engage in protected, concerted activity under the National Labor…

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Oct 10 2013
Leave LawsQ&AWage and Hour

Do we have to pay our exempt employees while they are on a one or two day military leave?

A: Just like with jury duty, you do have to maintain the salary of exempt employees during temporary military leave unless the leave is for a full workweek or more. You can, however, offset his salary with his military pay so that he’s not making more while on leave. Since you should treat military leave…

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Oct 08 2013
Drug and AlcoholQ&A

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

A: It depends on the information, its source and what your drug testing policy says. Consider a recent court case: An employee threw a party at her house for her coworkers. After the party, the spouse of a coworker reported to Human Resources that while at the party, the employee had asked her if she…

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Oct 03 2013
Q&AWage and Hour

Most bonuses require additional overtime calculation

A: No joke. Under the federal Fair Labor Standards Act (FLSA), the general principle is that a bonus essentially raises an employee’s regular rate (similar to an hourly shift differential). Unless a specific exception applies, wage and hour law dictates that you need to ensure that if any nonexempt employees worked overtime during the bonus…

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Sep 18 2013
Drug and AlcoholQ&AWashington

Use of E-Cigarettes in the workplace

A: E-cigarettes, the common name for nicotine delivery devices, are not yet FDA approved. They do not produce smoke but water vapor which contains trace amounts of nicotine. The use of these devices is often referred to as “vaping.” For the past several years, e-cigarettes have been prohibited in public places in King County, pursuant…

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Sep 10 2013
DisabilityHiringQ&A

Can I ask job applicants if they smoke?

A: Asking this question for most jobs is not a good idea. It could be perceived as a breach of privacy because smoking tobacco is a legal activity, and some states’ laws protect legal, off duty conduct. Also, one could argue that smoking is an addiction, which would be a protected disability. However, if being…

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Sep 09 2013
Q&AWage and Hour

Can employees waive their wage and hour rights?

A: No. Paying overtime for hours worked over 40 in a workweek is not optional, and neither employers nor the employees can waive their rights to receive overtime pay. Employment laws state that even if the employees insist on working extra hours at straight time pay, or sign a statement waiving their overtime rights, you…

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Sep 05 2013
DisabilityQ&AWashington

Use of a Service Animal as a Reasonable Accommodation in Washington

A: You might. The use of a service animal by an employee at work is protected by the Washington Law Against Discrimination as an accommodation of the employee’s disability. The animal must be trained so that it is not a disruption in the workplace, and the animal’s presence must improve the employee’s ability to do…

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Aug 20 2013
DisabilityQ&A

Is working from home a reasonable accommodation?

A: If an employee has a disability, you may have to make an accommodation that will allow the employee to complete the essential functions of his or her job. Working from home could be considered, but only if the employee can actually do the job successfully from home, and even then it might not be…

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