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Mar 14 2013
Q&AWashington

Can employees bring guns to work?

Q: There’s been a lot of media coverage about guns recently. As a Washington employer, can I prohibit employees from bringing guns to the workplace? A: Yes. Under Washington law, a private employer may have a policy that prohibits employees from bringing guns to the workplace, even if the employee has a concealed weapons permit….

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Feb 26 2013
Employee BenefitsQ&A

Employer may have a duty to speak up when considering ERISA plan changes

Q: An employee recently gave notice that he is planning to retire at the end of the year. It has not yet been announced to employees, but the company is seriously considering implementing a new, more generous retirement plan early next year. I know that this employee would benefit if he stayed employed long enough…

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Feb 19 2013
Q&A

Applicant’s disclosure of scheduling conflict with Sabbath raises concerns

Q: During a job interview, an applicant disclosed that he isn’t available to work on Sundays because of his religion. This position sometimes requires weekend work. How should I have responded in the interview? Can I reject him for the job? A: When this applicant raised a religious issue during your interview, the safest approach…

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Dec 06 2012
Q&A

Conducting an Effective Investigation with a Reluctant Witness

A: A successful investigation hinges on making the employee feel safe, comfortable, and important. Interview beyond just direct witnesses so no one feels targeted, and let them know you are not conducting a witch hunt. Most employees don’t realize that harassment investigations are intended to improve their work environment. It is also important to emphasize that…

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Dec 05 2012
Q&AWage and HourWashington

Are My Independent Contractors Really Employees?

A: Be careful with your independent contractor classifications. The Washington Supreme Court recently adopted an “economic dependency” test, which means that if an individual is economically dependent on the company, he or she is considered an employee under the state minimum wage law. If these individuals work exclusively for you and perform work that is similar…

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Dec 04 2012
Employee BenefitsQ&A

Electronic SPD Distribution Subject to DOL Rules

A: Distribution of group health plan materials, including SPDs and other plan notices, is subject to regulations issued by the U.S. Department of Labor (DOL). The existing DOL rules provide that you may distribute plan materials electronically, but whether your employees have access to their own individual work computer (i.e., not just a kiosk in…

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Nov 20 2012
Leave LawsQ&A

Finding Fault in No-Fault Attendance Policies

A: Illegal? Maybe. Risky? Definitely. While no-fault attendance policies seem fair, you can end up with one of two problems. If you throw medical absences in with the rest, you could improperly deny FMLA leave or ADA accommodation (exactly why the EEOC tagged Verizon for $20 million in 2011). But if you don’t count medical absences, some…

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Nov 16 2012
Drug and AlcoholQ&AWashington

Washington’s New Marijuana Law and the Workplace

A: First, the new law doesn’t take effect until December 6, 2012, at which time the only provisions of the law that will go into effect are: 1. That individuals over 21 in Washington cannot be arrested under state law for possessing a small amount of marijuana for personal use; and 2. The new state…

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Oct 10 2012
Leave LawsQ&A

How To Address Attendance Problems when the FMLA is Also in Play

A: Very carefully. There’s no free pass on missing work, but disciplining a frequent FMLA user can be tricky. The best approach is to use a leave tracking form, designating protected and unprotected absences. When the employee accumulates enough unprotected absences to trigger an attendance violation, it’s time to address the situation. Ignore all protected…

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Oct 04 2012
Leave LawsQ&AWashington

New Seattle Sick and Safe Time Ordinance applies to occasional employees as well

A: It might, depending on how much your employees work in the City of Seattle. The Seattle Sick and Safe Time Ordinance applies to employers even if their employees work only occasionally in the City of Seattle. “Occasional” work by an employee is defined as 240 or more hours in a calendar year. “Work” is…

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Aug 28 2012
DisabilityLeave LawsQ&A

Do we have to give a leave of absence for a new hire?

A: It is unlikely that a new employee would meet the requirements for state or federal Family Leave (FMLA), but you still have to consider whether or not the employee has a disability under the Americans with Disabilities Act (ADA) and if so, whether or not a leave of absence would be a “reasonable accommodation”….

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Aug 14 2012
Leave LawsQ&AWashington

Sick in Seattle: Information on Seattle Sick and Safe Leave

A: Seattle is currently conducting an “information campaign” for the Sick and Safe Leave requirement that takes effect September 1st. The Seattle Office for Civil Rights has the ordinance, implementing rules, and FAQs on its website:  http://www.seattle.gov/civilrights/sickleave.htm.  Unfortunately, the ordinance and rules are complicated, especially for businesses outside of Seattle (with employees that occasionally work in…

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