Home » Blog

Vigilant Blog

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

Recent posts

Jun 30 2015
Uncategorized

Alert: Supreme Court says states must grant and recognize same-sex marriage

The U.S. Supreme Court today ruled that same-sex couples have the right to marry in all states, and that all states must recognize same-sex marriages lawfully performed in other states. Two years ago, we reported that the Court upheld the right of states to issue marriage licenses to same-sex couples. At that time, the federal…

Read More
Jun 26 2015
Safety and Health

Train employees to use caution when coming to the aid of coworkers

A tragedy at a DuPont facility in Texas highlights the importance of training employees on when and how to come to the aid of coworkers, and the need to create safety procedures for known hazards before they become a life-threatening problem. In November 2014, a DuPont employee collapsed when a noxious gas was inadvertently released…

Read More
Jun 24 2015
Leave LawsOregon

ALERT: Oregon Governor Signs Paid Sick Leave Bill

Governor Kate Brown has officially signed into law Oregon’s paid sick leave bill (SB 454). Oregon employers should familiarize themselves with the bill and prepare to comply beginning January 1, 2016. Here we review five essential things to know, followed by five potential traps for employers. First, the five things to know: Covered employers: If…

Read More
Jun 23 2015
Safety and Health

OSHA interpretation letters clarify recording and reporting rules

The Occupational Safety and Health Administration (OSHA) recently issued a number of interpretation letters clarifying the updated recordkeeping and reporting rules that went into effect on January 1, 2015. The letters provide the following guidance: An injury sustained in an accident that occurs while an employee is commuting between home and work in a company…

Read More
Jun 03 2015
Harassment & DiscriminationHiring

Alert: Request for religious accommodation not required, says Supreme Court

A Muslim woman who wore a head scarf when she applied for a job at an Abercrombie & Fitch clothing store didn’t have to specifically request a religious accommodation to the store’s “Look Policy,” ruled the U.S. Supreme Court. The woman wore the scarf because she sincerely believed it was a requirement of her religion….

Read More
May 25 2015
Disability

Transfer to previous role may have been reasonable accommodation for disability

The employee was an “environmental technician” and he had been successful in cleaning surgical rooms for a number of years. When the hospital assigned him to cleaning patient rooms, he struggled to complete the job and asked to be reassigned back to his prior role. The hospital was unwilling to return him. They argued he…

Read More
May 18 2015
Drug and AlcoholQ&A

Anonymous tip on drug use alone not enough to justify test

Answer: The use of drugs in the workplace is on the rise, as we discuss in our post, “Positive drug tests on the rise.” However, this trend alone doesn’t give employers the right to jump to conclusions. An anonymous tip is not enough to require a drug test. Reasonable suspicion doesn’t mean you have to be…

Read More
May 18 2015
Disability

Does temporarily changing a job function make it non-essential?

An employer has successfully defended its decision to terminate a supervisor, who was required to drive for his job but lost his driving privileges, after he refused to accept an offer of reassignment. The long-term employee suffered a seizure and lost his driver’s license until he was seizure-free for six months. The employer temporarily accommodated…

Read More
May 11 2015
HiringQ&A

Designate representative to review remote employee’s I-9 documents

Answer: Delegate the task. Remember that employees must complete section 1 of the I-9 form by their first day of work, while employers must complete section 2 of the form and verify a new employee’s documents within three business days of starting employment. The United States Citizenship and Immigration Services (USCIS) states an employer’s responsibility…

Read More
May 07 2015
Q&ATermination & Resignation

When should an employee sign a release agreement for severance pay?

Answer: Answer: It’s a good idea to require a terminating employee to sign a release agreement any time you offer compensation they are not already entitled to receive. The release or separation agreement does not need to be signed during the termination meeting; in fact, in some situations it will not be valid or enforceable…

Read More
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…

Read More
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…

Read More

Navigate complex employment issues with confidence.

As a Vigilant member, our service-first team is your dedicated partner—just one call away whenever you need us.

explore membership
Browse By Category
Browse By Topic
Filter By State
Get Our Newsletter
Sign Up Today
Connect With Us
Linkedin

Don’t Navigate Employment Issues On Your Own

Learn how Vigilant membership can help with your complex employment situations.
Get in Touch Today
Scroll to Top