Our Blog | Employment Counsel in WA, OR, and CA | Vigilant
Home » Blog

Vigilant Blog

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

Showing all recent posts

Aug 07 2012
DisabilityQ&A

Request for extended leave may raise disability issues

A: That approach would not be advisable. An employee whose leave under FMLA (or a state medical leave law) expires and is still unable to return to work may well have a disability for purposes of the federal Americans with Disabilities Act (ADA) or state disability laws. The request for additional leave, therefore, should not…

Read More
Aug 07 2012
Q&A

Do employees have free speech rights on Facebook?

A: Yes and no. Free speech means the government cannot prohibit you from freely speaking (with restrictions, of course), but it does not restrict private employers from taking action against an employee for their speech. However, be careful if you are trying to discipline an employee for saying something protected under labor laws. For example,…

Read More
Aug 07 2012
DisabilityQ&A

Safety concerns following worker’s release to full duty

A: Not necessarily. You can require a fitness for duty evaluation if you have a reasonable belief based on objective evidence that the employee’s ability to do essential job functions is impaired or he will pose a direct threat to himself or others. If the forklift driver’s physician wasn’t provided a detailed job description, you…

Read More
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…

Read More
Aug 07 2012
Q&A

Protecting company data at termination

A: The “bring your own device” model allows employees to connect personal smartphones and other devices to corporate networks. Some employers require that employees agree to allow access to their device if they leave employment, and give permission to erase the device if they don’t. Absent an agreement, the best option is to request access…

Read More
Jun 19 2012
Immigration

Expired Temporary Protected Status card may still be valid for Form I-9

The Department of Homeland Security occasionally grants individuals from certain countries the right to work in the U.S. as Temporary Protected Status (TPS) workers, if there is an on-going armed conflict, environmental disaster or other extraordinary and temporary condition that prevents people from that country from safely returning to their homeland. The TPS country designation…

Read More
Jun 12 2012
Employee Benefits

HIPAA violations can mean prison time

Think the Health Insurance Portability and Accountability Act (HIPAA) privacy rules are just an exercise in compliance on paper? Think again.  A medical school researcher learned the hard way that HIPAA’s criminal sanctions are very real. He is one of the first people to be convicted of violating HIPAA’s privacy provisions, after improperly accessing and…

Read More
Jun 08 2012
Labor Relations

NLRB takes aggressive aim at employers regulating social media use

Employers may be shocked to hear what the federal National Labor Relations Board (NLRB) says is unlawful when it comes to confidentiality and social media policies. The acting General Counsel for the NLRB recently issued an   Tips: The General Counsel’s memo takes a very aggressive stance against regulating an employee’s online activity and deals…

Read More
Jun 05 2012
Employee Benefits

Don’t delay COBRA election notices

A recent court case shows why it’s so important to promptly send a COBRA notice to a qualified beneficiary after he or she experiences a COBRA qualifying event. (COBRA is the federal law that gives health plan participants the right to continue their health coverage for a limited time on a self-pay basis after they…

Read More
May 29 2012
Uncategorized

FMCSA to establish national registry of medical examiners

Getting a medical certification for a commercial drivers’ license will be tougher under a new regulation from the Federal Motor Carrier Safety Administration (FMCSA), a division of the U.S. Department of Transportation (DOT). The FMCSA will require medical examiners to meet strict qualification standards and complete extensive training to ensure they understand the physical and…

Read More
May 18 2012
Labor Relations

NLRB quick elections on hold

A federal district court has ruled that the National Labor Relations Board didn’t have enough votes to impose new rules that would have sped up union election procedures as of April 30, 2012. At the time of the vote, there were only three people on the Board, and one of them refused to participate in the…

Read More
May 15 2012
Uncategorized

EEOC issues ADEA rule on “reasonable factors other than age”

The Equal Employment Opportunity Commission (EEOC) recently published a final rule defining when an employment practice is a “reasonable factor other than age.” The new rule is important because it explains how an employer can defend itself from a complaint under the Age Discrimination in Employment Act (ADEA) that a seemingly neutral employment practice had…

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