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Jul 01 2019
DisabilityHarassment & DiscriminationSafety and Health

Employers need objective basis to require fitness-for-duty exam

A federal district court recently ruled that a police department complied with the Americans with Disabilities Act (ADA) when it required a bomb squad technician to undergo a fitness-for-duty exam. Their justification? The city had an objective basis for the fitness-for-duty exam request. In this case, the technician was experiencing hand tremors that may have…

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Jun 26 2019
Wage and Hour

Q&A: Say what you mean in commission agreements

Answer: You do so at your peril. You promised certain payments if your sales team met specified goals. If this individual already put in the work to fully achieve those goals, then you are risking a lawsuit if you make a last-minute modification to your commission payout. Words of Caution In a recent California case,…

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Jun 24 2019
Wage and Hour

DOL proposes to increase FLSA overtime exemption salary threshold

The U.S. Department of Labor (DOL) is proposing to increase minimum salary levels under the Fair Labor Standards Act (FLSA) overtime exemption rules for executive, administrative, and professional employees. If the proposed rules are finalized, the DOL states that over a million current salaried exempt employees will be designated as nonexempt, making them eligible for…

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Jun 21 2019
CaliforniaWage and Hour

$102M awarded for wage statement and meal violations in California

A federal district court in California recently awarded Wal-Mart employees $102 million in damages and penalties for missed meals and insufficient wage statements. The class action claim was divided into three parts: missed meals, wage statements missing hourly rates, and final pay statements without pay period start and end dates. A year ago, the court…

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Jun 21 2019
Safety and Health

Wildfire season…are you ready?

As wildfire season approaches, it’s important to understand your obligations if employees want to wear dust masks to try to protect themselves from smoke in the air. Wildfire smoke is a mixture of gases and fine particles from burning trees and other plant material. Smoke can irritate workers’ eyes and respiratory systems, and worsen chronic…

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Jun 21 2019
Wage and Hour

Employer must pay for time spent studying for work-related exam

A federal district court in Arizona recently ruled that employees must be paid for time spent studying for written tests that they were required to pass in order to complete on-the-job training. A group of long-haul truck drivers filed a lawsuit against their employer alleging violations of the Fair Labor Standards Act (FLSA) with respect…

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Jun 10 2019
Harassment & DiscriminationWashington

New law in Washington protects isolated workers

Washington has a new law intended to prevent the sexual harassment or assault of certain isolated workers. The law applies to every hotel, motel, retail, security guard entity, or “property services contractor” that employs a custodian, security guard, hotel or motel housekeeper, or room-service employee who spends a majority of their working hours alone. (A…

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Jun 10 2019
Harassment & DiscriminationOregon

All Oregon employers must comply with new anti-harassment law

On June 4, the Oregon legislature passed SB 726, which will (1) extend the statute of limitations from 1 year to 5 years for complaints and civil lawsuits related to harassment and some types of discrimination; (2) restrict the use of nondisclosure (NDA), nondisparagement, and no-rehire agreements; and (3) require employers to adopt extensive anti-harassment…

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Jun 10 2019
Q&AWage and Hour

Q&A: Federal and state overtime laws may not be the same

Question: We have a salaried manager who sometimes helps out with production. Is he still exempt from overtime even though he doesn’t always work as a manager?   Answer: Maybe. Under the federal Fair Labor Standards Act (FLSA), managers are exempt from overtime requirements as executives if they’re paid high-enough salaries, they customarily and regularly…

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May 17 2019
Drug and Alcohol

CBD products may cause positive drug tests (surprise!)

Marijuana-derived cannabidiol (CBD) products may also contain tetrahydrocannabinol (THC), the psychoactive part of cannabis, causing positive drug tests for workers who use CBD products. The federal government still considers marijuana illegal, but almost every state has legalized cannabis for medical or recreational use, and many cannabis-based products – including CBD products – are available to…

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May 17 2019
Harassment & Discrimination

Saying “a lawyer made me do it” can destroy attorney-client privilege

Question: As an HR manager, I’m concerned about sharing legal advice that I receive on behalf of the company. What are the rules around this? Answer: All parties to an attorney-client communication made for the purpose of providing or obtaining legal advice must take steps to protect confidentiality. If you or someone else at the…

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May 17 2019
HiringWage and HourWashington

WASHINGTON: Law restricts salary inquiries and requires disclosures

WASHINGTON: Law restricts salary inquiries and requires disclosures Last week, Governor Inslee signed amendments to the Washington Equal Pay and Opportunities Act, which will prohibit employers from asking candidates about their prior salary history, and require employers to provide wage scales or salary ranges to candidates upon request. When this new law takes effect on…

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