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Aug 29 2019
Leave LawsWage and Hour

Q&A: Denying perfect attendance bonus to FMLA users can spell trouble

Question: We have a “no-fault” attendance policy, which means that if an employee doesn’t show up for a scheduled shift, they get a point. We’re careful, however, not to penalize, discipline, or terminate anyone for using protected leave (such as paid sick leave or FMLA). Instead, we incentivize employees. If an employee reaches the end…

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Aug 29 2019
Leave Laws

DOL says FMLA covers special ed consultations at child’s school

Recently the U.S. Department of Labor (DOL) released an opinion letter saying an employee should be granted intermittent leave under the federal Family and Medical Leave Act (FMLA) to attend school meetings related to her children’s health. The children had medically certified serious health conditions, and the employee was allowed intermittent leave to take the…

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Aug 29 2019
Safety and HealthWashington

Electronic injury & illness reporting to start in 2020 in Washington

Washington’s Department of Labor and Industries (L&I) has finally issued regulations requiring covered Washington employers to follow federal requirements and file annual injury and illness reports electronically with federal OSHA starting in 2020. As explained on OSHA’s Injury Tracking Application web page, the reporting portal will open again on January 2, 2020, and the deadline…

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Aug 14 2019
OregonSafety and HealthTermination & Resignation

Oregon employers may be liable if they retaliate without knowing it

If an employer disciplines or terminates an employee on the advice of a supervisor, without knowing the supervisor is actually retaliating against the employee, the employer can still be liable, ruled the Oregon Supreme Court. Sometimes, the people with authority to make employment decisions don’t really make decisions alone, but instead rely on the advice…

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Aug 14 2019
Safety and Health

New app calculates heat index and illness risks for outdoor workers

The federal Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH) have created a “Heat Safety Tool” app for Android and iPhone to help workers and supervisors calculate the heat index for their worksites and determine risk levels for outdoor workers. The app also includes information about the…

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Aug 13 2019
Disability

New resources available for workplace disability accommodation

The US Department of Labor’s Job Accommodation Network (JAN) has released a comprehensive Workplace Accommodation Toolkit which provides employers with resources and tools needed to create a more disability-inclusive and compliant workplace. The toolkit contains practical solutions for workplace accommodations, coaching on the interactive process, and training on the basic obligations of the Americans with…

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Jul 31 2019
Wage and Hour

EEO-1 portal now open for filing data on pay and hours

Employers with 100 or more employees can now file “Component 2” of the EEO-1 Report, which covers pay and hours worked during 2017 and 2018. The deadline for filing the report is September 30, 2019. The requirement to file Component 2 data applies to companies with at least 100 employees on an employer-chosen snapshot date…

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Jul 31 2019
Uncategorized

Montana employers can’t require employees to have microchips

Effective October 1, 2019, Montana employers can’t require employees to get microchip implants as a condition of employment. The Montana legislature passed and Governor Steve Bullock signed SB 286, which prohibits employers from making microchip implants a condition of employment, although employers may request and employees may volunteer for microchip implants. Also, if an employee…

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Jul 30 2019
Safety and Health

Employer can’t blame worker for preventable on-the-job injury

A federal appeals court recently affirmed three citations for serious safety violations following the partial amputation of an employee’s thumb at a poultry processing plant. The company had challenged the Occupational Safety and Health Administration (OSHA)’s citations in federal court, arguing that the injured employee engaged in unpreventable employee misconduct by violating its rule to…

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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…

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Jul 16 2019
Safety and Health

Q&A: Keep exit routes clear and unobstructed

Question: How many exit routes should we have? Also, is it okay to temporarily block an exit route?   Answer: Generally, you’ll need to have at least two solid exit routes for your employees and your operation, but more exit routes may be required depending on the number of people onsite and/or the size of…

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Jul 16 2019
CaliforniaWage and Hour

California employers must pay, even for brief periods of work

Nonexempt employees must be paid for all time worked under California’s Labor Code, even very brief periods of work, according to a recent opinion from the Ninth Circuit Court of Appeals. In general, nonexempt employees (often called hourly employees) must be paid for all time spent performing work, but federal law recognizes an exception if…

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