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

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Dec 27 2016
Q&AWage and Hour

Q&A: Can employers prohibit supervisory level employees from discussing wages?

Answer: Yes, you can prohibit a supervisor from discussing wages, but only under certain conditions. First, the individual’s duties must be considered supervisory under the National Labor Relations Act (NLRA). Second, the discussion cannot involve allegations of wage discrimination under Title VII of the Civil Rights Act or some other law. How is a Supervisor Defined?…

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Dec 22 2016
CaliforniaHarassment & Discrimination

New California law mandates gender-neutral single-user bathrooms

These bathrooms will need to display the proper signage. This law applies to all businesses and places of public accommodation. Inspectors, building officials, and other local officials with code enforcement responsibilities will have the authority to inspect for compliance. Vigilant members in California who provide single-user bathrooms to employees or the public should review the…

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Dec 21 2016
Wage and Hour

Employer fined $1.1 million for wage and hour violations

An anonymous tip led the California Labor Commissioner’s Office to investigate a residential care company in San Diego. The investigation into the employment practices of Family Residential Care LLC and Del Cerro Assisted Living resulted in a $1.1 million fine for the employer.   The investigation revealed numerous violations of state laws on minimum wage,…

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Dec 20 2016
DisabilityLeave LawsTermination & Resignation

Q&A: Risky to discipline for performance problems upon return from leave

Answer: Think about how a government agency or a jury would look at this situation. Would they think you treated this employee fairly?   While at-will employment provides employers and workers with the freedom to terminate the employment relationship at any time, there are public policy reasons that forbid terminating employees on the basis of…

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Dec 15 2016
Wage and Hour

DOL challenges court’s freeze of overtime rules

The DOL has announced it is appealing a recent federal district court ruling that blocked the DOL’s new rules that would have significantly raised minimum salary levels for “white collar” workers who are exempt from overtime. The Fifth Circuit Court of Appeals has approved an expedited appeal. As we reported in an Alert on November…

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Dec 15 2016
Leave LawsWashington

Significant changes to paid leave requirements in Spokane Washington

Here are the key changes that employers should be aware of: Sunset provision: ESSL will automatically sunset on December 31, 2017, or the date the State of Washington implements Initiative 1433, whichever occurs later. I-1433 contains a statewide paid leave requirement; see our alert on this new law for more information. Enforcement: For 2017, the…

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Dec 12 2016
Wage and Hour

Changes to EEO-1 Report finalized for 2018

The U.S. Equal Employment Opportunity Commission (EEOC) announced final changes to its EEO-1 Report, which will require covered employers to report pay data and hours worked beginning in 2018. The new form is consistent with the agency’s latest proposal, on which we previously reported. Here are the highlights: No EEO-1 Reports will be due in…

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Nov 28 2016
Wage and Hour

Alert: Judge blocks rule increasing salary for workers exempt from overtime

A federal district court has temporarily blocked a U.S. Department of Labor (DOL) regulation that would have taken effect on December 1, 2016, and raised the minimum salary for workers who are exempt from overtime. The ruling applies nationwide. The judge’s action buys more time for the parties to argue whether the rule should be…

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Nov 21 2016
Harassment & Discrimination

EEOC issues enforcement guidance on retaliation

The U.S. Equal Employment Opportunity Commission (EEOC) has updated its guidance on retaliation claims under the statutes it enforces, including the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA), the Genetic Information Nondiscrimination Act (GINA), and Title VII of the Civil Rights Act. According to the…

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Nov 16 2016
Harassment & DiscriminationTermination & Resignation

Listen to both sides of the story before making any adverse employment decisions

An incomplete investigation into harassment allegations resulted in the wrong employee being terminated and costly litigation for the employer. A female EMT driver was the victim of unwanted sexual advances from a male dispatcher, and apparently brushed it off until he sent her a graphic text containing a photo of his genitals. She complained to…

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Nov 14 2016
Labor RelationsQ&ASafety and Health

Q&A: Are employees’ social media posts on wages and safety protected?

Answer: No, you shouldn’t discipline the employee who made the minimum wage comment, but you should definitely take steps to address all of the comments. The National Labor Relations Act (NLRA) protects non-management employees’ right to discuss or complain about their wages, hours, and working conditions. This protection has been consistently interpreted to also protect…

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Nov 10 2016
Drug and AlcoholEmployee BenefitsLabor Relations

Alert: 2016 ballot measures and election results will impact the workplace

CALIFORNIA: Voters approve recreational marijuana Californians voted to approve Proposition 64, the “Adult Use of Marijuana Act,” which legalizes the use of recreational marijuana in the state by individuals who are at least 21 years old. The new law protects individuals from criminal prosecution, but specifically preserves an employer’s right to enforce a drug-free workplace…

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