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Aug 22 2018
DisabilityDrug and AlcoholHiring

Q&A: Use MRO to verify whether prescription caused positive drug test

Answer: You should use a medical review officer (MRO) to review preliminary positive drug test results for current employees and potential new hires. The MRO will determine whether the individual has a valid prescription and whether the test results fall within the expected levels for the prescription. If so, the test results will be reported…

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Aug 17 2018
Leave LawsWashington

Phase 1 of Washington State Paid Family Leave rules released

The Washington Employment Security Department (ESD) is in the process of rulemaking for Washington Paid Family and Medical Leave (WPFML). As we previously reported, WPFML provides leave benefits starting in 2020, with tax assessments on employees and employers beginning January 1, 2019. Phase 1 Complete ESD has divided rulemaking into six phases. Phase 1, which…

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Aug 17 2018
DisabilityLeave LawsQ&A

Q&A: No FMLA notice required unless employee asks for time off

Answer: A practical initial approach may be to explore whether there are any ergonomic changes that could be made to the workstation to reduce or eliminate the pain, such as a cushioned standing mat, a foot rest, or a stool. If that doesn’t help, you’re welcome to let him know about the availability of protected…

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Aug 10 2018
Q&A

Q&A: Respond quickly and thoughtfully to social media posts

Answer: Possibly, but you need to do some homework first. The moment you become aware of the post, begin collecting information. Your goal is to determine whether a hateful comment was made, and if it was, whether it violates your policies. Do not immediately discipline based on allegations only. Before you focus on distancing yourself…

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Aug 06 2018
DisabilityHarassment & DiscriminationQ&A

Q&A: “100-percent healed” return-to-work policy violates ADA

Answer: Yes, we recommend changing your policy. The federal Americans with Disabilities Act (ADA) requires employers to reasonably accommodate an employee with a disability, and that may include an employee with temporary or ongoing medical limitations or restrictions. According to guidance from the U.S. Equal Employment Opportunity Commission (EEOC), a medical certification or doctor’s note…

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Jul 10 2018
WashingtonWorkers’ Comp

It’s time for retro refund checks!

Over the past few weeks Vigilant safety professionals delivered $4.5m in retro refund checks to Washington manufacturers in our workers’ comp retro group. Want in on the savings? Learn more about Vigilant’s Retro Group today. More Than Just a Refund While we love giving members back their hard-earned money—this is our 34th year of doing…

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Jul 06 2018
DisabilityQ&A

Q&A: Rotating shifts may be essential job function

Answer: Perhaps. The Americans with Disabilities Act (ADA) says employers must reasonably accommodate an employee’s disability unless it would cause an undue hardship to the business or pose a direct threat to health and safety. This generally requires an interactive process that takes into consideration the employee’s restrictions and the essential functions of his position….

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Jul 05 2018
Harassment & DiscriminationQ&A

Q&A: Informal harassment complaints should be taken seriously

Answer: While it’s ideal for employees to follow the reporting procedure in your harassment policy, unfortunately that procedure may not always be followed. When you receive information about inappropriate behavior by other means (e.g. a manager observes the behavior; an employee mentions it in passing to a supervisor; employees are overheard talking about it, etc.),…

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Jul 03 2018
CaliforniaWage and Hour

Penalty for missed rest periods in California includes all compensation

A federal district court in California has ruled that when calculating the additional one hour of pay at the regular rate for missed rest periods under California Labor Code 226.7, an employer must include not only base pay, but also commissions, incentives, and bonuses. A group of 4,481 home mortgage consultants filed a class action…

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Jul 02 2018
Harassment & DiscriminationHiring

Q&A: Limit on prior work experience in hiring may be age discrimination

Answer: You’re taking a big risk by doing so. You may want to reconsider your job requirements in light of a recent federal court decision. The U.S. Seventh Circuit Court of Appeals has become the first federal appellate court to rule that the Age Discrimination in Employment Act (ADEA) prohibits employers from hiring practices that…

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Jun 26 2018
Safety and HealthWashington

New workers have a higher risk of on-the-job injuries

Studies show that new workers are more likely to be involved in a work-related lost time injury within the first three months of work compared to workers who have been on the job for more than one year. Knowing this information, what can you do to help lower the risk of injuries to new employees?…

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Jun 19 2018
Leave LawsQ&AWage and Hour

Q&A: FMLA-required rest breaks generally not compensable under FLSA

Answer: Probably not under the FLSA, but check state law. Recently, the U.S. Department of Labor (DOL) issued an opinion letter addressing federal Family and Medical Leave Act (FMLA) required rest breaks and whether employers must pay for them under the federal Fair Labor Standards Act (FLSA). The answer depends on who predominantly benefits from those…

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