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Jun 02 2016
Leave LawsQ&A

What happens when an employee is asked by the government to help with a natural disaster?

A: The employee’s time out of the office is protected under federal law, and most likely, under state law as well. The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) grants leave to certain employees with medical expertise when they are dispatched by the federal government to deal with natural disasters. Through the National…

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May 24 2016
Employee Classifications

Truck drivers misclassified as independent contractors cost employer $7 million

A shipping company in California will pay $7 million after improperly classifying 38 truck drivers as independent contractors, providing yet another example of the importance of accurate employee classification. The issues for the California shipping company began when the local Teamsters union attempted to organize the drivers. During the organizing process, the California Department of…

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May 19 2016
Employee BenefitsLeave LawsQ&A

Is an employee out on workers’ comp entitled to health insurance?

A: No, and in fact, you shouldn’t unless he qualifies for leave under the federal Family and Medical Leave Act (FMLA). There are only three reasons an employee should be on your insurance plan: (1) they meet the eligibility requirements to be an active participant under your insurance contract; (2) you’re required to offer coverage…

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May 19 2016
Wage and Hour

ALERT: DOL reveals new salary level for salaried workers exempt from overtime

Today the U.S. Department of Labor (DOL) announced its final regulations raising the minimum salary level for salaried workers to be exempt from overtime. The rules take effect on December 1, 2016. Here’s what you need to know: The minimum salary level for exempt executive, administrative, and professional employees will be $913 per week, or…

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May 19 2016
Leave LawsQ&A

What employee threshold triggers the FMLA?

A: Probably not, but it depends. An employer is considered “covered” under the FMLA if it has 50 or more employees on its payroll for 20 or more calendar workweeks (which do not need to be consecutive) in either the current or preceding calendar year. Both full-time and part-time workers are included in the total…

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May 05 2016
Workers’ Comp

Injured employee found guilty of fraud & required to pay back workers’ compensation benefits

An employee who was working as a board edger for a large wood manufacturer was injured on the job when two boards collided and one board allegedly hit the employee in the groin. The injured worker was immediately taken off work by his doctor for 3 months, the injury claim was accepted by Labor and…

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Apr 28 2016
Wage and Hour

Pre-Shift and Post-Shift Activities: Should the Time Spent Briefing Employees be Paid?

An employer in Texas will pay $460,853 to compensate 239 employees who weren’t getting paid for the time they spent staying after their shifts to update incoming workers. The oil refinery employees were scheduled to work 12-hour shifts, but at the 12-hour mark, they had to update incoming employees on what had happened during their…

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Apr 18 2016
CaliforniaHarassment & DiscriminationHiring

DFEH of California issues guidance on transgender rights

The California Department of Fair Employment and Housing (DFEH) recently issued new guidance for employers regarding transgender rights in the workplace. In order to be protected by the law, a transgender person does not need to complete any particular step in a gender transition (social or medical). The new guidance covers: Interviews: As an employer,…

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Apr 08 2016
DisabilityQ&A

Employees with Fragrance Sensitivity: Addressing Request for a Fragrance-Free Workplace

Answer: Chemical sensitivity and allergic reactions to fragrance can be serious enough to constitute a disability under the Americans with Disabilities Act (ADA), so you may have an obligation to make a reasonable accommodation for the employee. Even if the sensitivity does not constitute a disability, there can be value in making sure employees are…

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Apr 07 2016
Safety and HealthWashingtonWorkers’ Comp

On-demand webcast on safety recordkeeping and reporting for Washington employers

The Washington Department of Labor and Industries (L&I) has posted an on-demand webcast explaining the requirements for recording and reporting work-related injuries and illnesses. The agency describes it as a “24-minute fun and entertaining ‘talk show format’ presentation.” The recording is available on the Division of Occupational Safety and Health (DOSH)’s visual learning website, www.EyeOnSafety.info,…

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Mar 29 2016
Privacy & ConfidentialityQ&A

Are employers required to have gender neutral bathrooms?

Answer: No, you are not required to have gender neutral bathrooms, but it is a very good idea to have them if at all possible. First, you may have a transgender employee—one who identifies with the opposite gender—even if he or she hasn’t told you yet. You also don’t know whether visiting family or clients…

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Mar 24 2016
Labor Relations

ALERT: DOL persuader rule expands requirements to report help from labor consultants

A revised regulation from the U.S. Department of Labor (DOL) will require employers to file electronic reports detailing all activities in which they use a consultant to persuade employees regarding their rights to organize and bargain collectively. The reports will be publicly accessible online, and must include specific information about the projects, organizations, people, and…

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