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Aug 07 2012
Q&AWage and Hour

Hiring Summer Groundskeepers

A: No. Workers under the age of 16 cannot operate tractors with more than 20 PTO horsepower (which might suggest that a riding mower could be okay if it’s under 20 HP); however, there is a specific prohibition in Washington on children under the age of 16 operating power lawn mowers and other powered lawn-care…

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Aug 07 2012
DisabilityQ&A

Request for extended leave may raise disability issues

A: That approach would not be advisable. An employee whose leave under FMLA (or a state medical leave law) expires and is still unable to return to work may well have a disability for purposes of the federal Americans with Disabilities Act (ADA) or state disability laws. The request for additional leave, therefore, should not…

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Aug 07 2012
Q&A

Do employees have free speech rights on Facebook?

A: Yes and no. Free speech means the government cannot prohibit you from freely speaking (with restrictions, of course), but it does not restrict private employers from taking action against an employee for their speech. However, be careful if you are trying to discipline an employee for saying something protected under labor laws. For example,…

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Aug 07 2012
DisabilityQ&A

Safety concerns following worker’s release to full duty

A: Not necessarily. You can require a fitness for duty evaluation if you have a reasonable belief based on objective evidence that the employee’s ability to do essential job functions is impaired or he will pose a direct threat to himself or others. If the forklift driver’s physician wasn’t provided a detailed job description, you…

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Aug 07 2012
Employee BenefitsQ&A

Employers should steer clear of Medicare incentives

A: No. The Medicare Secondary Payer rules prohibit an employer of 20 or more employees from providing incentives in any form for a Medicare-eligible individual to opt off the employer’s health plan. In addition, IRS rules provide that the tax-favored status of health benefits is lost if you allow employees to freely choose between receiving…

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Aug 07 2012
Q&A

Protecting company data at termination

A: The “bring your own device” model allows employees to connect personal smartphones and other devices to corporate networks. Some employers require that employees agree to allow access to their device if they leave employment, and give permission to erase the device if they don’t. Absent an agreement, the best option is to request access…

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Mar 01 2012
Leave LawsQ&A

Should we add GINA warnings to our FMLA forms?

A:Don’t Ask:  For any kind of medical exam of a worker, you must instruct the health care provider not to collect genetic information, such as family medical history, in order to determine the worker’s ability to do the job.  On our Model Form, “Fitness-for-Duty Report” (Don’t Ask or Tell: For medical certification of the employee’s…

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Feb 06 2012
HiringQ&A

What obligation do we have to rehire someone who left for an injury?

You have the same obligation to evaluate your former employee as you would any other candidate for the position. In other words, don’t assume that he physically can't perform the job simply because you know about his past medical condition. A California police officer was recently allowed to continue his claim against his former employer…

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Nov 18 2011
HiringQ&A

Is it a good idea to use Craigslist for recruiting and hiring?

A: Perhaps a better approach would be to post the job opening on Craigslist, but direct all applicants to your company website where they can fill out an online application. That way you’re gathering the same information from all candidates rather than the inconsistent information you may get through the resume solicitation process. Finally, you…

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Jul 20 2011
Leave LawsQ&A

Can an employee qualify for FMLA leave for an adult child?

Tips: There are no easy answers when it comes to applying the FMLA and ADA to a particular situation, but don’t assume that an employee can’t take FMLA leave for an adult child. Because of the expanded definition of disability under the ADA, it’s very likely that an employee will qualify for such leave. Review…

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Dec 15 2010
Q&ASafety and Health

Does safety take a back seat to religious beliefs?

1147).  Q: We have a job opening in our manufacturing facility and one of the applicants came to the interview wearing a khimar, a religious garment that covers her hair and forehead, and hangs loosely over her upper body. We have a strict dress code policy that prohibits employees from wearing loose- fitting clothing near…

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Sep 10 2010
Q&A

How do you handle workplace bullying?

A:

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