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Dec 30 2014
DisabilityWashington

Collaboration and communication key to disability accommodation

An employee in a paper mill started to have uncontrollable vomiting when exposed to a variety of chemicals. The employee saw many doctors who provided various work restrictions. In response, the employer moved the employee to different locations in the mill, but the vomiting continued. Eventually the employer told the employee to stay home until…

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Dec 22 2014
Leave Laws

Taking FMLA into Account Could Create Liability

The former employer claimed the reason for not considering her was that she had left an unprofessional voicemail with crying and profanity. She alleged that the voicemail was merely an inquiry into the status of the hiring process and not unprofessional at all. She claimed the real reason for rejecting her applications was her use…

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Dec 19 2014
California

CALIFORNIA: Jury awards $185M for sex and pregnancy discrimination

A record-setting verdict for $185 million in punitive damages and $872,000 in compensatory damages has been awarded by a jury after finding that the employer had allowed sex discrimination to permeate the company. The jury heard the case in federal court and agreed that the female employee was treated less favorably than her male colleagues,…

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Dec 16 2014
DisabilityQ&A

Essential functions of job may not be as clear as you think

Answer:  Be careful on this one; a court may have a very different perspective on whether the cleaning duties are an essential function of this job under the Americans with Disabilities Act (ADA). The Equal Employment Opportunity Commission (EEOC) says relevant factors could include: • your judgment as the employer; • written job descriptions prepared…

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Dec 12 2014
Labor Relations

Alert: Employees may use company email for protected communications

The National Labor Relations Board decided yesterday that if an employer gives employees access to its email system in the course of their work, those employees are entitled to use their email to band together to discuss their wages, hours, and working conditions during non-working time. In other words, just as employees have historically been…

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Dec 11 2014
Wage and Hour

Alert: Supreme Court says no pay for security screening time at Amazon warehouse

Warehouse workers who had to wait up to 25 minutes after their shifts to go through a security screening weren’t entitled to be paid for the time, ruled the U.S. Supreme Court on December 9, 2014. Time spent in tasks before or after a shift must be “integral and indispensable” to employees’ principal activities in…

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Dec 10 2014
Employee BenefitsQ&AWage and Hour

State sponsored programs provide good options to avoid layoffs and furloughs

A: Possibly. Many states have programs in place for employers who need to reduce hours, providing lost wages to employees through partial unemployment while having almost no impact on the employer’s unemployment-insurance tax rate. These programs benefit employees because their lost wages are recovered, and it allows employers to keep trained and skilled staff during…

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Dec 03 2014
CaliforniaLeave LawsQ&A

Choose the FMLA leave year wisely or you could be allowing double usage

A: Yes, if the employer is using the calendar or fixed year method of tracking leave under the Family and Medical Leave Act (FMLA). The calendar method uses January 1 through December 31 as the basis for the 12-month period, while a fixed leave year uses any fixed 12-month period (e.g. an employee’s anniversary date)….

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Nov 13 2014
Drug and AlcoholQ&A

Can we provide nonprescription drugs in the workplace?

A: Yes, but it’s not recommended. Some employers believe that providing nonprescription medication to employees could potentially save on a large worker’s compensation claim because employees can self-help for medical issues rather than visiting a doctor. While that may occasionally be true, there is very little regulation regarding nonprescription medication in the workplace, so the…

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Nov 10 2014
CaliforniaLeave LawsQ&A

How does California’s new sick leave law impact PTO policies?

A: Possibly, although you’ll likely need to make some changes. California recently became the second state in the country to require employers to provide paid sick leave (AB 1522), and many companies are left wondering whether their paid time off (PTO) policy will comply with the new law. The answer depends on the PTO policy;…

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Nov 06 2014
Safety and Health

VLA Safety is in high demand! We’re now offering a session on 12/4/14 – Reserve one of the few seats

Due to member demand, we are offering a December VLA Safety session beginning on 12/4/2014. If you have interest in one of the few remaining seats please contact us as soon as possible. Vigilant Leadership Advantage (VLA) advances the leadership skills, knowledge and expertise of your safety leaders through group learning and on-the-job experience. This…

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Nov 06 2014
Disability

Is your workplace technology accessible to people with disabilities?

The U.S. Department of Labor (DOL) has announced a new initiative promoting the employment, retention, and career advancement of people with disabilities through the development, adoption, and promotion of accessible technology. The Partnership on Employment & Accessible Technology (PEAT) has developed a website dedicated to providing employers, technology users, and technology providers simple information about…

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