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Sep 21 2023
Leave LawsWage and Hour

Q&A: May need to adjust workload during FMLA leave

Q&A: May need to adjust workload during FMLA leave Question: We granted intermittent leave to a full-time employee under the federal Family and Medical Leave Act (FMLA). They normally work five days a week and expect to miss work about one day a week for the next six months. The employee says they can’t meet…

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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 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 01 2023
Affirmative ActionHarassment & DiscriminationHiring

OFCCP secures settlements from federal contractors in early 2023

During the first five months of 2023, the Office of Federal Contract Compliance Programs (OFCCP) announced some interesting financial settlements with federal contractors, although none of the companies admitted liability. Ordinarily, OFCCP settlements occur as the result of randomly scheduled affirmative action audits (compliance reviews) of federal contractors with at least 50 employees and a…

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May 18 2023
Safety and HealthWage and HourWashington

WASHINGTON: Employers must notify warehouse employees of quotas

Governor Jay Inslee recently signed legislation requiring employers of warehouse distribution center employees to notify them of any production quotas, effective July 1, 2024 (HB 1762). Here are the requirements: Covered industries: A warehouse distribution center is an establishment engaged in activities as defined by any of the following North American Industry Classification System (NAICS)…

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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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May 04 2023
Wage and HourWashington

WASHINGTON Q&A: DOT truckers exempt from state break rules

Question: Our truck drivers in Washington, hoping to make more money by completing more deliveries, recently said they don’t need to take mandatory rest and meal periods that comply with Washington law. Is that true? Answer: Surprisingly, yes, assuming the truck drivers you’re referring to are property-carrying commercial motor vehicle (CMV) drivers subject to the…

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May 04 2023
DisabilityWage and Hour

DOL releases guidance on PUMP for Nursing Mothers Act

The U.S. Department of Labor (DOL) recently issued frequently asked questions and a fact sheet detailing employers' obligations under the newly enacted Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP for Nursing Mothers Act). As we previously reported, enforcement of this Act began on April 28, 2023. The PUMP Act expands the right to…

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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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Apr 20 2023
Privacy & ConfidentialitySafety and HealthWage and Hour

Q&A: Set expectations for social media use to protect confidentiality

Question: I just found out that employees are using their personal cell phones at work to snap and share pictures, in response to randomly timed daily prompts from an app called “BeReal.” Our policy prohibits cell phone use during work time unless it’s necessary for the job. Our manufacturing employees are only allowed to use…

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Apr 06 2023
Labor RelationsWage and Hour

NLRB general counsel weighs in on severance agreements

On March 22, 2023, the general counsel for the National Labor Relations Board issued an internal staff memo explaining how to apply the Board’s recent decision that the confidentiality and nondisparagement provisions in an employer’s severance agreements violated the National Labor Relations Act (NLRA). The general counsel is the agency’s top enforcement lawyer, who approves…

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