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Nov 03 2016
Leave LawsQ&A

Q&A: Do small businesses with some common ownership have to count combined employees for FMLA and other laws?

Answer: Possibly, depending on the particular law. The federal Family and Medical Leave Act (FMLA) uses an “integrated employer” test to determine if related companies should count their employees combined as one employer. Employers are covered under the FMLA if they employ at least 50 employees, so it would apply if all 65 employees need…

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Oct 24 2016
Q&A

Q&A: Think twice before posting political signs at work

Answer: This is an interesting question and the same answer applies regardless of whether the support is regarding a ballot measure or a political candidate. The answer depends on whether the posting of signs and distribution of literature might violate the company’s “no-solicitation” policy.   If posting this information violates your own no-solicitation policy, you…

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Oct 18 2016
Affirmative ActionHarassment & DiscriminationWage and Hour

OFCCP wrings significant settlements from employers

The OFCCP uncovered the issues while conducting routine affirmative action audits, resulting in the following settlements: Chemonics International Inc., a company that supports economic development projects around the world, agreed to pay $418,243 in back wages and interest to 124 unsuccessful African-American applicants. The OFCCP examined the employer’s entry-level hiring process for professionals, and found…

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Oct 10 2016
Leave LawsQ&A

Q&A: Do employees have the right to take time off to vote?

A: There is no federal law that requires employers to grant leave, either paid or unpaid, to allow employees time off to vote. However, many states do have laws providing employees the ability to take protected time off for voting. For example, California allows employees up to two hours paid leave to go vote if…

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Sep 28 2016
Harassment & Discrimination

Posting anti-harassment policy is not enough – training also necessary

Even though an employee failed to report ongoing sexual harassment by her supervisor or to make use of the posted complaint process, a recent court decision will allow her sexual harassment claim to proceed to trial. The employee, along with many others, stated she had no knowledge of the workplace anti-harassment policy or the complaint…

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Sep 14 2016
Harassment & Discrimination

Prompt investigation saves employer from harassment liability

In a nod to the value of HR professionals, a federal district court in Tennessee dismissed an Equal Employment Opportunity Commission (EEOC) case against Autozone, finding that the company did enough to stop alleged harassment by a store manager. How did the company address allegations of sexual harassment in the workplace? In this case, a…

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Sep 12 2016
Wage and HourWashingtonWorkers’ Comp

Q&A: Washington injured workers’ attending providers

A: They all can! However, they must be registered in Washington Labor & Industries (L&I) network. Q: In Washington, which of the following types of providers can be an injured workers' attending provider? Advanced RN Practioner (ARNP) Physician's Assistant (PA) Chiropractic (DC) Naturopathy (ND) Osteopathic Medicine (DO) Dentistry (DDS or DMD) Optometry (OD) Podiatry (DPM)

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Sep 01 2016
HiringImmigration

Increased penalties for immigration related violations now in effect

The U.S. Department of Justice (DOJ) has published a rule change, effective August 1, 2016, that substantially increases the possible penalties for immigration related violations. Although the change took effect on August 1, it allows the agency to issue the higher fines for any violations that occurred after November 2, 2015. This rule change may…

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Aug 18 2016
Wage and Hour

Payroll timekeeping practices: Rounding policies are permitted as long as they are neutral

The U.S. Ninth Circuit Court of Appeals recently ruled that both federal and California law allow rounding of employee work time to the nearest quarter-hour. Rounding should be neutral and even out over time, meaning that employees could benefit from the rounding by receiving more pay just as easily as they could miss out on…

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Aug 10 2016
Disability

Anxiety disorders and the ADA: Employer wins case, despite refusing employee’s accommodation request

The federal Americans with Disabilities Act (ADA) does not require an employer to grant an employee’s demand for a particular accommodation, as one employer proved in a recent case from an Oregon federal district court. The employee suffered from anxiety and claimed that she could not work with her co-worker, whose behavior was reportedly erratic…

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Aug 04 2016
Harassment & Discrimination

Transgender rights and issues continue to be on forefront for federal agencies

The federal Equal Employment Opportunity Commission (EEOC) and U.S. Department of Education became the two most recent federal agencies to release guidance regarding treatment of transgender individuals. The EEOC issued a new fact sheet discussing rights of transgender employees and the U.S. Department of Education issued a letter regarding transgender student rights, both of which…

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Jul 28 2016
Leave LawsTermination & Resignation

Employer failed to properly account for overtime in FMLA calculations

Because an employee was subject to discipline if he missed overtime shifts for which he volunteered, the extra shifts were actually mandatory for purposes of calculating regular work hours under the federal Family and Medical Leave Act (FMLA), ruled the Eighth Circuit U.S. Court of Appeals. The company in this case improperly ignored all of…

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