Home » Blog » Q&A » Page 6

Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts for: Q&A

Oct 23 2019
Q&A

Q&A: Company using PEO is still liable for legal compliance

Question: We’re thinking about using a professional employer organization (PEO) to handle all of our payroll, hiring, and HR functions. Any legal concerns we should be aware of? Answer: Yes. Use of a PEO can save you time and allow you to stay focused on your business functions, but be sure you don’t lose sight…

Read More
Jul 16 2019
Q&AWage and Hour

Q&A: Be careful how you round employee work hours

Question: We recently changed to a new timekeeping and payroll system, and the new system sometimes rounds down the amount of time an employee worked. Is that legal? Answer: Probably, but it depends on how much time is rounded down and the state in which the employee works. A recent opinion letter issued by the…

Read More
Jun 10 2019
Q&AWage and Hour

Q&A: Federal and state overtime laws may not be the same

Question: We have a salaried manager who sometimes helps out with production. Is he still exempt from overtime even though he doesn’t always work as a manager?   Answer: Maybe. Under the federal Fair Labor Standards Act (FLSA), managers are exempt from overtime requirements as executives if they’re paid high-enough salaries, they customarily and regularly…

Read More
Mar 08 2019
Harassment & DiscriminationQ&A

Q&A: Do we have harassment liability if a workplace relationship is consensual?

Answer: Yes, there are legal compliance concerns here that must be addressed before any employment action is taken. The employee’s complaints of harassment by coworkers and hostile treatment by the manager should be investigated thoroughly and promptly. Offsite or off-duty conduct can be illegal harassment if it has an effect in the workplace, so employers…

Read More
Feb 13 2019
Q&AWage and Hour

Q&A: Watch out for pattern of identical time card entries

Answer: Maybe. It makes sense, especially when trying to control your labor budget, to require approval of overtime work. However, under the federal Fair Labor Standards Act (FLSA), employers must pay an employee for any overtime worked, even when it wasn’t approved beforehand. Sometimes employees are reluctant to report any overtime worked, especially when the…

Read More
Jan 11 2019
Q&AWage and Hour

Q&A: Ensure proper pay for after-hours emails

Question: I have a dedicated, hard-working employee, a Production Lead, who always stays on top of their work, often checking and responding to work emails after hours but not recording the time. What is my obligation, if any, to pay them for this time? Answer: Your organization is potentially facing exposure for unpaid wages and…

Read More
Dec 20 2018
Harassment & DiscriminationPrivacy & ConfidentialityQ&A

Q&A: Know how to handle the aftermath of a harassment investigation

Answer: In this type of situation and environment, be mindful of potential retaliation. No matter how hard you try to keep the complaint and investigation process confidential, harassment complaints not only affect the employees directly involved, but tend to stir up tension within the workplace. Rights of Those Involved State and federal laws prohibit retaliation…

Read More
Dec 17 2018
Employee BenefitsHarassment & DiscriminationLabor Relations

Q&A: No-fault attendance policies must allow many exceptions

Answer: If you’re unsure, then you may need to get clarification from the employee before assigning attendance points to an absence. Some absences are clearly unprotected, such as late arrival due to car trouble or a speeding ticket. Use caution if the employee raises a family or medical reason for an absence, though. Your Vigilant…

Read More
Aug 22 2018
DisabilityDrug and AlcoholHiring

Q&A: Use MRO to verify whether prescription caused positive drug test

Answer: You should use a medical review officer (MRO) to review preliminary positive drug test results for current employees and potential new hires. The MRO will determine whether the individual has a valid prescription and whether the test results fall within the expected levels for the prescription. If so, the test results will be reported…

Read More
Aug 17 2018
DisabilityLeave LawsQ&A

Q&A: No FMLA notice required unless employee asks for time off

Answer: A practical initial approach may be to explore whether there are any ergonomic changes that could be made to the workstation to reduce or eliminate the pain, such as a cushioned standing mat, a foot rest, or a stool. If that doesn’t help, you’re welcome to let him know about the availability of protected…

Read More
Aug 10 2018
Q&A

Q&A: Respond quickly and thoughtfully to social media posts

Answer: Possibly, but you need to do some homework first. The moment you become aware of the post, begin collecting information. Your goal is to determine whether a hateful comment was made, and if it was, whether it violates your policies. Do not immediately discipline based on allegations only. Before you focus on distancing yourself…

Read More
Aug 06 2018
DisabilityHarassment & DiscriminationQ&A

Q&A: “100-percent healed” return-to-work policy violates ADA

Answer: Yes, we recommend changing your policy. The federal Americans with Disabilities Act (ADA) requires employers to reasonably accommodate an employee with a disability, and that may include an employee with temporary or ongoing medical limitations or restrictions. According to guidance from the U.S. Equal Employment Opportunity Commission (EEOC), a medical certification or doctor’s note…

Read More

Is My Company Eligible?

If you are a manufacturing or agriculture employer in Washington and committed to keeping your employees safe and working, you may be eligible for Vigilant's workers' compensation Retro or claims management programs. To see if you qualify fill out our release form now, or contact us.

Release Form
Contact Us
Browse By Category
Browse By Topic
Filter By State
Get Our Newsletter
Sign Up Today
Connect With Us
Linkedin

Don’t Navigate Employment Issues On Your Own

Learn how Vigilant membership can help with your complex employment situations.
Get in Touch Today
Scroll to Top