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News, trends and analysis in employment law, HR, safety & workers' comp

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Jan 06 2016
DisabilityDrug and AlcoholQ&A

Do we have to hire an applicant who disclosed she is a recovering alcoholic?

A: If the reason you are choosing not to hire the applicant is purely because she is a recovering alcoholic, then that is a violation of the Americans with Disabilities Act (ADA) and the applicant could bring a discrimination claim. However, if you’re choosing not to hire her because she is either not qualified to…

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Dec 18 2015
Leave LawsOregon

Final Oregon paid sick leave rules and notices have been published

The Oregon Bureau of Labor and Industries (BOLI) recently published final rules on the new Oregon paid sick leave law, which takes effect on January 1, 2016. Unfortunately, the agency failed to answer a number of fundamental questions, despite repeated requests from Vigilant and other employer representatives. Here are some key points: No guidance on…

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Dec 16 2015
Leave LawsOregonQ&A

Does the Oregon Sick Leave law require us to provide more time off?

A: Possibly. You can use an existing paid leave policy (e.g. vacation or paid time off) to comply with the new law, as long as it meets all of the law’s requirements. However, most employers find they need to change a few things. For example, the law allows employees to take leave in increments as…

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Dec 08 2015
Labor Relations

NLRB says staffing agency employees can bargain with client employer

In a ground-breaking decision, the National Labor Relations Board expanded its definition of a “joint employer” and ruled that temporary staffing agency workers had the right to form a union and bargain not only with their agency employer but also with their on-site client employer. In this case, a recycling company used its own union-represented…

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Dec 03 2015
Leave Laws

Two-week cruise does not qualify for FMLA leave

A win for employers came recently when a federal district court determined two weeks’ leave to go on a cruise did not qualify for leave under the federal Family and Medical Leave Act (FMLA) because it was not medically necessary and the employee was still able to perform the essential work functions of her position…

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Nov 30 2015
DisabilityWashingtonWorkers’ Comp

More flexibility coming for vocational rehabilitation benefits in Washington

The Department of Labor & Industries announced that it will be implementing changes in its vocational rehabilitation benefits, in response to action taken by the Legislature earlier this year. The new rule will offer greater flexibility and customization as well as allow a longer period of time for workers eligible for retraining to opt out…

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Nov 27 2015
Harassment & Discrimination

Harassment case based on anti-Muslim comments heads to trial

A case against Boeing alleging inflammatory, harassing comments against an Egyptian-born Muslim employee will move forward to trial in Washington. The employee alleges that a Boeing supervisor denied him a temporary promotion because of his race, and that various managers and coworkers made racist and derogatory comments to him about his race, national origin, and…

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Nov 24 2015
Labor Relations

Employee posting of disciplinary warning protected

An employer acted illegally when it ordered a worker to remove from his cubicle a copy of a disciplinary warning that he had received, ruled the National Labor Relations Board. The employee had been written up for being insubordinate when he refused to put away his tablet during a meeting. He filed a grievance over…

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Nov 23 2015
DisabilityLeave LawsQ&A

What is the law regarding pregnancy time off in Washington?

A: Yes, under Washington law if you have at least eight employees you must give your pregnant employee a leave of absence for the entire time she is sick or temporarily disabled due to pregnancy or childbirth. This law applies to all pregnant employees, regardless of their position, pay, number of hours worked, or length…

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Nov 17 2015
Harassment & DiscriminationQ&ATermination & Resignation

Retaliation claim may succeed despite employee’s falsified letters of reference

Answer: Sorry, but there is a risk! Termination at this point definitely puts the company at risk for a retaliation claim and the employee could get a verdict in his favor, even if the company can prove that the reference letters were fake and the termination wasn’t discriminatory. That doesn’t mean the employee is “fire-proof”…

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Nov 16 2015
Safety and HealthWorkers’ Comp

Light duty work is a win for injured millworker and employer

Millworker with a hand injury gets back to work in one day instead of five by seeing an occupational medical clinic specialist and getting approved for light duty work right away. THE SITUATION: A millworker working for a Washington based remanufacturing company recently sustained a hand injury when his hand was caught in a conveyer…

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Nov 02 2015
Q&AWage and Hour

When to pay travel time for non-exempt employees?

A: Under federal wage and hour law, if you are sending a non-exempt employee out of town and the employee will be away overnight, then you’ll have to pay for time spent in transit (whether in a plane, car, etc.) to the extent that this time corresponds with the employee’s regular hours of work. This…

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