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Aug 18 2022
Employee ClassificationsQ&AWage and Hour

Q&A: Can we convert an employee into an independent contractor?

Question: Our employee is retiring soon, but we’d like her to finish a few projects after she retires. We don’t want to provide benefits, so we’d like to have her sign a contract saying she’s working as an independent contractor. Are we okay doing this? Answer: It’s unlikely that you’d be able to justify classifying…

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Aug 04 2022
DisabilityHarassment & DiscriminationQ&A

Q&A: Eliminating contact with a coworker unreasonable under ADA

Question: One of our employees requested a disability accommodation under the Americans with Disabilities Act (ADA). He suffers from anxiety and depression and his doctor recommended that he not have any interactions with a certain “hostile” coworker. Do we have to do this? Answer: Probably not, because courts generally don’t consider a request to avoid…

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Jul 07 2022
DisabilityDrug and AlcoholHiring

Q&A: Hiring before receipt of drug test and background check is risky

Question: Our company is struggling to find workers and keep operations running efficiently. All employment offers are conditioned on passing a preemployment drug screen and background check. We’ve been allowing new hires to start working before we receive the results from our third-party vendors. We just learned that an employee who has been working for…

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Feb 17 2022
COVID-19CaliforniaLeave Laws

Q&A: Be aware of employment protections for COVID-19 absences

Question: Early in the pandemic, we didn’t discipline for absences related to COVID-19 (coronavirus). With all that’s changed since then, can we return to our regular attendance policy? Answer: Not so fast. In any state, if an employee quarantines or isolates due to a workplace exposure, the employee may have protection under state workers’ compensation…

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Dec 16 2021
Q&AWage and HourWashington

WASHINGTON Q&A: Pay door-to-door for out-of-town travel

Question: We have a non-exempt (hourly) employee in Washington who’s going to be traveling out of town for work. What travel time hours do they need to be paid for? Answer: The safest approach is to pay the employee door-to-door (from their home to the out-of-town destination and from the out-of-town destination back home). As…

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Nov 04 2021
ArizonaCaliforniaIdaho

Q&A: Know how to respond to positive COVID-19 result

Question: My employee says they tested positive for COVID-19 (coronavirus). There have been so many changes to the requirements that I’m not sure what I should do anymore. Please help! Answer: Start with current federal guidance and then check your state and local requirements. The Centers for Disease Control (CDC) web page on Quarantine and…

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Jun 17 2021
Leave LawsQ&AWashington

Q&A: Does compliance with workers’ comp satisfy FMLA obligations?

Question: Our employee was injured at work and needs to be off work for two months. The employee filed a workers’ compensation claim, which was accepted. The plant manager told the employee that medical leave is covered by workers’ comp and to call when they’re cleared to come back to work. Are we missing something?…

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May 20 2021
Q&A

Q&A: Do vaccine incentives have to be included in OT calculations?

Question: We want to offer a cash incentive to our employees who have been vaccinated for COVID-19 (coronavirus) in order to encourage vaccination rates in our workforce, but we don’t want to recalculate the employee’s “regular rate” for overtime. What can we do? Answer: You’re in luck! The U.S. Department of Labor (DOL) updated its…

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Mar 04 2021
COVID-19Q&A

Q&A: Out-of-state remote work raises compliance issues

Question: Due to the COVID-19 (coronavirus) pandemic, many of our workers are working remotely, and some are working out of state. Do we have to comply with laws in the states where they’re located? Answer: It depends on the state where the remote worker is performing work. Generally, workers are governed by at least some…

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Feb 04 2021
COVID-19DisabilityQ&A

Q&A: Plan ahead in encouraging COVID-19 vaccinations

Question: Some of our employees have expressed concern about the possibility of a mandatory vaccine policy. What could we do to incentivize our employees to get vaccinated against COVID-19? What legal issues should we worry about? Answer: The Centers for Disease Control and Prevention (CDC) has released a Vaccination Toolkit for Essential Workers, which includes…

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Jan 07 2021
COVID-19Q&ASafety and Health

Q&A: Pandemic precautions affect winter driving

Question: Should we consider any special driving precautions for employees in winter during the COVID-19 (coronavirus) pandemic compared to a “normal” winter season? Answer: Yes, this is an entirely new frontier of change, challenges, and struggle for many of us, and preparing for winter driving conditions may require a little more creativity. First and foremost,…

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Aug 20 2020
Harassment & DiscriminationQ&A

Q&A: Establish a policy on political speech on clothing

Question: One of our employees wore a t-shirt in support of a political cause yesterday. Today another employee arrived at work wearing a mask with messaging in favor of her political party. I sense a slippery slope here. Do we have to allow this? Answer: No. Employees don’t have First Amendment rights in the private…

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