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Aug 06 2020
Labor RelationsQ&A

Q&A: Untangle abusive employee conduct and protected activity

Question: One of our employees posted an abusive and profane message about their supervisor on social media, complaining to coworkers about pay and working conditions. Can we discipline this employee? Answer: Maybe, if you would discipline other employees for using such language at work. The National Labor Relations Act (NLRA) protects employees who band together…

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Jul 09 2020
COVID-19Q&ASafety and Health

WASHINGTON Q&A: Face coverings required except for work alone

Question: We know that all employees in Washington must wear a cloth face covering except when working alone in an office, vehicle, or at a job site. What does it mean to be “working alone”? As long as employees stay at least six feet apart from each other, does that mean they’re “working alone” and…

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Jun 18 2020
Labor RelationsQ&A

Q&A: Know how to address inflammatory social media posts

Question: Several employees have reported that a coworker posted offensive content on Facebook about the recent protests. They say that she’s making “racist” comments and it makes them uncomfortable. Can we discipline the employee? If not, what else can we do to address this behavior? Answer: First, gather all of the facts. Find out exactly…

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May 21 2020
COVID-19Q&ASafety and Health

Q&A: Address worker concerns about cloth face coverings

Question: We’ll be requiring employees to wear cloth face coverings at work, but we’re worried about pushback. What do we need to know? Answer: With the recommendation from the Centers for Disease Control and Prevention (CDC) for people to wear cloth face coverings in public and at work, it seems that these fancy portable sneeze…

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May 14 2020
COVID-19Q&A

Q&A: Be alert to unemployment fraud during pandemic

Question: Our business has received a number of unemployment claims that seem odd, including some from employees who are still working. We know that unemployment claims are way up due to business slowdowns related to COVID-19 (coronavirus), but is there something that we should be doing about these unusual or unexpected claims beyond responding to…

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Apr 09 2020
COVID-19Harassment & DiscriminationLeave Laws

Q&A: Be careful about treating “high risk” employees differently

Question: Can we exclude employees from the workplace if they’re at high risk for severe illness from COVID-19, such as older workers or workers with underlying medical conditions? Answer: In general, no. If your reason for keeping employees away from work is based solely on their membership in a high-risk group based on their age…

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Feb 28 2020
Q&ASafety and Health

Q&A: Follow CDC guidance on coronavirus concerns

Question: One of our employees went on vacation to Thailand and is scheduled to return to work in a couple of days. We don’t know whether her itinerary included any connections through China, but we’re concerned she could have been exposed to the coronavirus. Can we tell her not to come to work for a…

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Feb 11 2020
DisabilityDrug and AlcoholQ&A

Q&A: Are prior addicts covered by the ADA?

Question: One of our employees failed a random drug test. He says the positive test occurred because he was prescribed methadone by his doctor to treat his addiction to opiates. Do we have to retain him? We’re concerned about safety. Answer: If your drug testing process had included the services of a Medical Review Officer…

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Jan 02 2020
DisabilityQ&ATermination & Resignation

Q&A: Mandatory EAP referral doesn’t mean you perceived disability

Question: We have an employee who is acting strangely, including making paranoid comments about coworkers sabotaging her work. I investigated, but found no evidence to support her allegations. The employee continues to complain. Can we require her to contact our Employee Assistance Program (EAP) and attend any counseling sessions recommended by the EAP counselor or…

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Dec 23 2019
Leave LawsQ&AWage and Hour

Q&A: Keep sick leave laws in mind before denying holiday pay

Question: Our policy requires employees to work their last scheduled day before a holiday and first scheduled day after a holiday in order to be eligible for holiday pay. In the past, some employees have called in sick when they were scheduled to work the day before or after a holiday, and have used accrued…

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Dec 10 2019
Q&A

Q&A: Winter is coming! Review your inclement weather policy

Question: During bad weather there are times when some employees can’t make it in to work or when we close the business entirely for the day. Under what circumstances are we required to pay employees? Answer: It depends on the circumstances. The rules are different for salaried exempt employees compared to non-exempt (overtime-eligible) employees. Exempt…

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Nov 13 2019
DisabilityHiringQ&A

Q&A: Catch-all language in job description not much help in ADA defense

Question: Is it okay to have the language “other duties as required” in a job description? Answer: Sure, it’s common to include that catch-all language in a job description. However, you shouldn’t rely on that language to incorporate regular duties that are important for the particular job. Under the Americans with Disabilities Act (ADA), an…

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