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Nov 20 2012
Leave LawsQ&A

Finding Fault in No-Fault Attendance Policies

A: Illegal? Maybe. Risky? Definitely. While no-fault attendance policies seem fair, you can end up with one of two problems. If you throw medical absences in with the rest, you could improperly deny FMLA leave or ADA accommodation (exactly why the EEOC tagged Verizon for $20 million in 2011). But if you don’t count medical absences, some…

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Nov 16 2012
Drug and AlcoholQ&AWashington

Washington’s New Marijuana Law and the Workplace

A: First, the new law doesn’t take effect until December 6, 2012, at which time the only provisions of the law that will go into effect are: 1. That individuals over 21 in Washington cannot be arrested under state law for possessing a small amount of marijuana for personal use; and 2. The new state…

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Nov 09 2012
Drug and AlcoholEmployee BenefitsLeave Laws

Alert: Initiatives on recreational marijuana and same-sex marriage raise questions for employers(WA)

Now that Washington voters have voted to legalize recreational marijuana use (I-502) and endorse same-sex marriage (R-74), employers have been asking whether these laws will impact their employment policies. Here’s Vigilant’s take on these two issues. Recreational marijuana use We don’t expect I-502 to affect employers’ ability to enforce their drug policies. The new law…

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Oct 10 2012
Leave LawsQ&A

How To Address Attendance Problems when the FMLA is Also in Play

A: Very carefully. There’s no free pass on missing work, but disciplining a frequent FMLA user can be tricky. The best approach is to use a leave tracking form, designating protected and unprotected absences. When the employee accumulates enough unprotected absences to trigger an attendance violation, it’s time to address the situation. Ignore all protected…

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Oct 04 2012
Leave LawsQ&AWashington

New Seattle Sick and Safe Time Ordinance applies to occasional employees as well

A: It might, depending on how much your employees work in the City of Seattle. The Seattle Sick and Safe Time Ordinance applies to employers even if their employees work only occasionally in the City of Seattle. “Occasional” work by an employee is defined as 240 or more hours in a calendar year. “Work” is…

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Sep 13 2012
DisabilityLeave Laws

Pregnancy-Related Complications Can Be a Disability under the ADA

Under the federal Americans with Disabilities Act (ADA), pregnancy is generally not considered a disability. However, it may qualify as one if an employee is suffering from a medical condition that is stemming from her pregnancy. In a recent case, an employer may have violated the ADA by refusing to accommodate an employee’s pregnancy-related medical…

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Aug 28 2012
DisabilityLeave LawsQ&A

Do we have to give a leave of absence for a new hire?

A: It is unlikely that a new employee would meet the requirements for state or federal Family Leave (FMLA), but you still have to consider whether or not the employee has a disability under the Americans with Disabilities Act (ADA) and if so, whether or not a leave of absence would be a “reasonable accommodation”….

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Aug 22 2012
Labor Relations

NLRB attacks “at-will” disclaimers in employee handbooks

Reports have surfaced recently that a National Labor Relations Board office in Phoenix has filed unfair labor practice charges against nonunion employers with overly broad “employment at will” language in their employee handbooks. The local Board office objected to statements that employees’ at-will status couldn’t be modified, or could only be modified if a senior…

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Aug 17 2012
Labor Relations

NLRB objects to confidentiality of workplace investigations

The National Labor Relations Board (NLRB) has severely limited an employer’s ability to keep investigations confidential, except in very narrow circumstances. In a recent case, a hospital employee made a patient safety complaint to HR. The HR manager began an investigation into the complaint and instructed the complaining employee not to discuss the matter with…

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Aug 15 2012
Immigration

Employer penalized for reverifying expired “green cards”

An employer who allegedly had a practice of reverifying expired permanent resident cards (also known as “green cards”), but not reverifying the documentation of U.S. citizens has settled charges brought by the U.S. Department of Justice (DOJ). The DOJ alleged that the employer’s practice violated the anti-discrimination provisions of the Immigration and Nationality Act (INA)….

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Aug 14 2012
Leave LawsQ&AWashington

Sick in Seattle: Information on Seattle Sick and Safe Leave

A: Seattle is currently conducting an “information campaign” for the Sick and Safe Leave requirement that takes effect September 1st. The Seattle Office for Civil Rights has the ordinance, implementing rules, and FAQs on its website:  http://www.seattle.gov/civilrights/sickleave.htm.  Unfortunately, the ordinance and rules are complicated, especially for businesses outside of Seattle (with employees that occasionally work in…

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Aug 07 2012
Employee BenefitsQ&A

Employers should steer clear of Medicare incentives

A: No. The Medicare Secondary Payer rules prohibit an employer of 20 or more employees from providing incentives in any form for a Medicare-eligible individual to opt off the employer’s health plan. In addition, IRS rules provide that the tax-favored status of health benefits is lost if you allow employees to freely choose between receiving…

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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.

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