Home » Blog » Q&A » Page 7

Vigilant Blog

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

Showing posts for: Q&A

Jul 06 2018
DisabilityQ&A

Q&A: Rotating shifts may be essential job function

Answer: Perhaps. The Americans with Disabilities Act (ADA) says employers must reasonably accommodate an employee’s disability unless it would cause an undue hardship to the business or pose a direct threat to health and safety. This generally requires an interactive process that takes into consideration the employee’s restrictions and the essential functions of his position….

Read More
Jul 05 2018
Harassment & DiscriminationQ&A

Q&A: Informal harassment complaints should be taken seriously

Answer: While it’s ideal for employees to follow the reporting procedure in your harassment policy, unfortunately that procedure may not always be followed. When you receive information about inappropriate behavior by other means (e.g. a manager observes the behavior; an employee mentions it in passing to a supervisor; employees are overheard talking about it, etc.),…

Read More
Jun 19 2018
Leave LawsQ&AWage and Hour

Q&A: FMLA-required rest breaks generally not compensable under FLSA

Answer: Probably not under the FLSA, but check state law. Recently, the U.S. Department of Labor (DOL) issued an opinion letter addressing federal Family and Medical Leave Act (FMLA) required rest breaks and whether employers must pay for them under the federal Fair Labor Standards Act (FLSA). The answer depends on who predominantly benefits from those…

Read More
May 25 2018
Harassment & DiscriminationLeave LawsQ&A

Q&A: Leave is last resort for pregnant worker with lifting restrictions

Answer: Not so fast. You should proceed with caution when an employee informs you she is pregnant and unable to do her regular job. First evaluate whether you are required by law or company policy to accommodate those limitations. State laws in California and Washington provide specific rights for pregnant workers to be accommodated. It’s…

Read More
May 09 2018
Q&ASafety and Health

Use a numerical rating system to prioritize safety in busy times

Because deficient safety processes are the underlying causes of accidents, it is important to administer the most critical ones effectively. Here’s how employers can prioritize safety objectives when under a time crunch: Create a weighted scale for “prevention” and one for “compliance” (1-5 for effectiveness at “prevention” and 1-3 for effectiveness at “compliance,” where 1…

Read More
Mar 29 2018
Q&AWage and Hour

Q&A: Be realistic when promising employee bonuses

Answer: Yes. A court would likely find that the company has a contractual obligation to pay the bonuses. The company made an offer to pay a bonus if one condition is met: employment for three years. An employee accepts this offer by beginning performance, which in this case means working toward the three-year mark. Once the…

Read More
Mar 29 2018
Harassment & DiscriminationQ&A

Q&A: Is your company at risk for workplace harassment?

Answer: First, take a look at your company culture. Are your leaders supporting the effort to create a harassment-free environment and modeling appropriate behavior? Are you holding all employees from the top down accountable? Workplace Harassment Risk Factors The U.S. Equal Employment Opportunity Commission (EEOC) has identified 12 risk factors for harassment in the workplace. Some…

Read More
Mar 27 2018
Q&AWage and Hour

Q&A: Be careful when considering a settlement for back wages

Question: We recently conducted a self-audit and discovered that we underpaid one employee for wages earned. If we pay her the past wages owed and ask her to sign something releasing us from liability, are we covered? Answer: No. Conducting self-audits can be helpful in identifying errors in your wage and hour practices and providing…

Read More
Feb 14 2018
Q&AWage and Hour

Q&A: When employee attends voluntary training, is the time paid or unpaid?

A: The general rule with employees is that you must pay for the time spent in training, as required by the federal Fair Labor Standards Act (FLSA). However, you aren’t required to pay employees for the time spent in training if ALL of the following are true: (1) attendance is outside the employee’s regular working…

Read More
Jan 17 2018
Harassment & DiscriminationHiringQ&A

Q&A: Can past lawsuits be a factor in hiring decisions?

Answer: Yes, if the past lawsuit is your reason for doing so. State laws in California, Oregon, and Washington protect both employees and applicants from discrimination and retaliation, including protection when they have opposed a discriminatory practice by complaining to a government agency or filing a lawsuit. The Washington State Supreme Court recently considered this…

Read More
Jan 16 2018
Privacy & ConfidentialityQ&A

Q&A: Knowing who is authorized to receive your legal documents can prevent lawsuits

Answer: Maybe. The first step is to figure out who was formally served with the initial lawsuit documents, if anyone, and what happened to them from there. Every company is required to designate a specific “registered agent” who is authorized to receive service of legal documents on behalf of the company. Companies may also be…

Read More
Dec 15 2017
Harassment & DiscriminationQ&A

Q&A: Discrimination – yes, it’s still happening, and employers must take it seriously

The Answer: The key in these situations is to fight the temptation to minimize or disbelieve the complaint, and instead to address the issue head on with a reasonable investigation. Depending on the outcome of the investigation, take steps to ensure the behavior stops. It’s not unusual for employers to have a hard time believing…

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