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

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May 04 2015
Harassment & DiscriminationQ&A

Reassigning harassment victim is risky

Answer: The short answer is no. Moving an employee instead of conducting an investigation and dealing with the underlying problem could create two additional, and potentially more serious, issues. First, just moving the alleged victim could open the company up to a retaliation claim, because the move could be an adverse employment action. The alleged…

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Apr 16 2015
Wage and Hour

Waiver of 2nd meal period for shifts over 12 hours invalid in California

A California appeals court struck down an Industrial Welfare Commission (IWC) order that allowed employees in the health care industry to waive a second meal period for shifts longer than 12 hours. California Labor Code 512(a) says employers generally must provide a second meal period for work periods of more than 10 hours, but employees…

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Apr 13 2015
Leave Laws

DOL clarifies definition of spouse under FMLA

The U.S. Department of Labor (DOL) recently released a final rule that redefines who qualifies as a spouse under the Family and Medical Leave Act (FMLA). The new rule specifically says marriage is defined by state law where the marriage was entered into, including states where common law and same-sex marriages are recognized. Previously, the…

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Apr 09 2015
Q&AWage and Hour

No easy solutions for avoiding overtime pay

Question: We have two related companies with common ownership. Employees often work a shift with one company and then work a second shift with the other company. As long as the work for each company never goes over 40 hours per week, we don’t have to pay overtime, right? Answer: Wrong. Unless exempt, federal law…

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Apr 06 2015
Harassment & Discrimination

Harassment Law: Civil rights complaint in Oregon results in $2.4 mil settlement

The Oregon Bureau of Labor and Industries (BOLI) announced it reached a $2.4 million settlement with Daimler Trucks North America. The settlement  included six employees who filed civil rights complaints alleging race discrimination. Five other employees withdrew complaints, stating they will go to court.  The Labor Commissioner’s Complaint, filed on behalf of the people of…

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Apr 03 2015
Wage and HourWashington

Seattle, Washington minimum wage ordinance upheld; regulations released

A federal district court in Washington has refused to stop the City of Seattle from treating each franchise as a “large employer” for fast phase-in of Seattle’s new $15 minimum wage, and Seattle has moved ahead in issuing its new administrative rules on minimum wage. These rules apply to employees who perform work in Seattle,…

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Apr 02 2015
Employee Benefits

How paying COBRA for departing employees may cause more harm than good

Did you know that paying COBRA health insurance premiums for separated employees may disqualify them from enrolling in private health insurance through the Federal health insurance Marketplace (Marketplace) or a state’s health Exchange (Exchange)? In the past, when creating a severance package, many employers have offered to pay a specified number of months of the…

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Apr 02 2015
Leave Laws

WASHINGTON: Tacoma adopts paid sick leave ordinance

• All employers with at least one employee are required to provide paid sick, safe, and bereavement leave. • Paid leave is provided for regular, temporary, part-time, and occasional (those working over 80 hours in Tacoma during the calendar year) employees. • Employees accrue one hour for every 40 hours worked, up to a total…

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Mar 31 2015
Q&AWage and HourWashington

Do employees occasionally working in Seattle get a minimum wage bump?

A: Yes, depending on how many hours they work within the city. Similar to its Paid Sick and Safe Leave ordinance, Seattle is applying the new minimum wage for partial work in the city. The ordinance requires the new $10 minimum wage ($11 if you have over 500 employees) for every hour worked by employees…

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Mar 30 2015
Leave Laws

Incomplete FMLA policy language snares employer

The policy stated full-time employees who had worked for the employer and accumulated 1,250 work hours in the previous 12 months were eligible under the FMLA. However, the employee did not work for a location that had 50 or more employees within 75 miles, which is required by the statute for eligibility. The court found…

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Mar 27 2015
Disability

Employer loses bid to overturn large jury verdict on ADA claim

When a jury decided to award an employee $1 million on her disability discrimination and failure to accommodate claims, it was decided her employer was to be held accountable for numerous actions. Some of the employer actions that factored into the decision were: • Posting the employee’s position while she was out on leave; •…

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Mar 26 2015
Disability

Alert: Supreme Court says pregnancy accommodation may be required

The U.S. Supreme Court ruled UPS may have intentionally discriminated against a pregnant driver when it denied her request for light duty during her pregnancy. The ultimate answer will depend on what she can prove in court. The driver’s doctor imposed a 20-pound lifting restriction during the first 20 weeks of her pregnancy, and 10…

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