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Sep 07 2023
Labor RelationsQ&ATermination & Resignation

Q&A: Do employees have a right to talk with customers about pay

Question: One of our customer service employees recently contacted a customer to enlist support for higher pay for themselves and coworkers. Can we discipline or terminate them for this conduct? Answer: Probably not. You cannot terminate a nonmanagement employee for engaging in a protected “concerted” (group) activity under Section 7 of the National Labor Relations…

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Aug 24 2023
Q&AWage and Hour

Q&A: Address shortened meal periods

Question: Nonexempt (overtime-eligible) employees normally get a 30-minute unpaid meal period, but we have a few people who choose to work through lunch or cut their meal period short. As long as it’s their choice, are we okay? Answer: Let’s start with federal law, but the final answer may be different depending on the state…

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Jul 20 2023
Q&A

Q&A: Archiving old policies and handbooks

Question: We just updated our employee handbook and distributed it to employees. Is there any reason to retain the prior version? Answer: Yes! HR should save a copy of every handbook or policy that is distributed to employees and clearly note the effective dates of each version. The company may be required to produce this…

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Jul 06 2023
Q&AWage and Hour

Q&A: Don’t ignore off-the-clock work

Question: We have a full-time, hourly employee who occasionally logs on to our network from his home computer after he’s left the office for the day. His supervisor has received emails from him after work hours but doesn’t respond to them until the next day. A few months ago, we told the employee he isn’t…

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Jun 15 2023
Harassment & DiscriminationQ&A

Q&A: Offensive music in workplace subject to anti-harassment policy

Question: A new employee complained about the “vulgar” lyrics in songs playing on the warehouse radio. The shift supervisor usually chooses a local radio station, and nobody has a problem with it. Do we really have to monitor the content of background music we provide to employees to help make the day go faster? Answer:…

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Jun 01 2023
Drug and AlcoholQ&A

Q&A: Double-check the types of drugs you’re testing for

Question: My employee was acting in an unusual manner, so we tested them under our drug and alcohol policy. The test came back negative, but we still believe that the employee is under the influence of some type of substance. What should we do? Answer: In general, you should allow your supervisors to document unusual…

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May 18 2023
Labor RelationsQ&ASafety and Health

Q&A: Insubordination may be protected under NLRA

Question: One of our employees yelled at our plant manager during a team meeting and called the manager “the devil incarnate,” said that the manager “must enjoy torturing the crew,” and that “working here was a living hell.” He was complaining because the manager was requiring mandatory overtime during the most recent heatwave. We follow…

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Apr 20 2023
Q&AWage and Hour

Q&A: Can I reuse old separation agreements?

Question: Has anything changed recently regarding separation agreements? We’re planning to eliminate a position and we want to offer severance pay. I have a separation agreement that was drafted a couple of years ago; can I just reuse that? Answer: No, please contact your Vigilant Law Group employment attorney for fresh language! There have been…

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Jan 19 2023
Employee ClassificationsQ&AWage and Hour

Q&A: Using rounding in timekeeping may violate state law

Question: We use a timekeeping system that rounds employees’ punches in and out to the nearest quarter of an hour. I recently heard this may be risky, but I thought federal law allows it? Answer: Both points are true: This practice may be risky under state wage and hour law, even though the regulations in…

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Jan 19 2023
Employee ClassificationsQ&AWage and Hour

Q&A: Evaluate administrative exemption from overtime carefully

Question: We have a dispatcher who we’ve always considered to be exempt from overtime. A newly hired member of our HR team is now questioning this classification. How can we determine who’s right? And if it turns out the dispatcher is probably nonexempt but we decide not to make any changes, what’s the risk to…

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Nov 17 2022
Leave LawsQ&A

Q&A: Occasional exceptions to call-in policy may be needed

Question: We have an employee who is using intermittent family leave, but on a number of occasions failed to call in 30 minutes prior to shift, which is required by our call-in policy. We have told the employee that if they fail to comply with the policy again, they will be terminated. Are there any…

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Nov 03 2022
Leave LawsOregonQ&A

Q&A: Assess how to report PFML wages for multistate employees

Question: Our company is located in Oregon, and we have an employee who works in person two days a week at our facility in Portland. The employee teleworks the rest of the week from their residence in Vancouver, Washington. Should we report their wages to the paid family and medical leave (PFML) program in Oregon…

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