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

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Aug 24 2015
Q&AWage and Hour

What’s the risk in paying a non-exempt employee a salary rather than hourly wage?

A: Yes. The biggest risk is that you will not pay them correctly under wage and hour law. Even if an employee is paid a salary, if the employee doesn’t meet the requirements to be exempt from overtime, he or she must be paid 1.5 times their regular hourly rate for all hours worked over…

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Aug 19 2015
Uncategorized

Looking out for the safety of a pregnant employee is no excuse for termination

A couple of pregnancy discrimination cases recently settled by the Equal Employment Opportunity Commission (EEOC) serve as a reminder that an employer’s good intentions in protecting a pregnant employee are not a defense to discrimination. An Eastern Washington fruit grower recently agreed to pay $17,500 to settle an employee’s claim that she was fired nine…

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Aug 12 2015
Harassment & DiscriminationTermination & Resignation

Porn investigation leads to discrimination lawsuit

Demoting an employee for accessing and viewing pornographic material on his work computer should be an air-tight decision, but a recent court case demonstrates how even a seemingly justified punitive action can lead to a lawsuit. The case stems from a company investigation after one employee complained that an entire department frequently viewed pornography on…

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Aug 06 2015
Labor RelationsTermination & Resignation

Employee fired for “gossiping” about potential firing wins case against employer

Termination of an employee for telling coworkers about a job posting she believed was for an existing job with their Oregon employer was illegal, ruled the National Labor Relations Board. The advertisement did not list the employer, but from the description the employee believed it was her employer, a nonunion company. A coworker who heard…

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Jul 29 2015
Employee BenefitsQ&ATermination & Resignation

Can an employee who voluntarily quit still get unemployment benefits?

Possibly, depending on the circumstances. Generally, an employee who voluntarily quits without good cause is disqualified from receiving unemployment benefits. However, there are a few exceptions. For example, an employee who quits because he is subjected to harassment or a hostile work environment can still qualify for benefits. This is sometimes referred to as “constructive…

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Jul 24 2015
Harassment & Discrimination

Supreme Court says EEOC must negotiate before suing

Title VII requires the EEOC to use “conference, conciliation, and persuasion.” The Court ruled  that the EEOC “must tell the employer about the claim—essentially, what practice has harmed which person or class—and must provide the employer with an opportunity to discuss the matter in an effort to achieve voluntary compliance.” The negotiations don’t have to…

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Jul 23 2015
Safety and HealthWorkers’ Comp

Seattle employer fined $215,250 after employee injured by rotating shaft

The Washington Department of Labor & Industries (L&I) recently fined Industrial Container Services $215,250 after one of its Seattle employees was injured by a rotating shaft while working in a confined space. L&I had cited the company’s Seattle location for similar violations in 2013, but determined that the hazards weren’t corrected. The company refurbished industrial…

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Jul 20 2015
DisabilityTermination & Resignation

Disability discrimination found when employer avoids interactive process

The employee provided the company with a note from her doctor which described her work-related restrictions. Under the Americans with Disabilities Act (ADA), this triggered the employer’s duty to engage in the “interactive process” with the employee to explore whether a reasonable accommodation might allow her to perform the essential duties of her job. At…

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Jul 17 2015
Hiring

Why you should review the content of your company’s background check disclosure forms

Under the FCRA, employers are required to provide a notice disclosing that a background check will be run and an authorization to conduct the background check itself. The argument made in the lawsuit is that the disclosure and authorization forms cannot include other language. In this case, Home Depot had additional language on its forms…

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Jul 16 2015
Uncategorized

Join us for Social Media in the Workplace: Vancouver, WA 8-14-15

Social Media use and misuse continues to rise amongst employees at all organizational levels. Join Vigilant Employment Attorney Christine Meadows for a lively and interactive discussion as she covers: Current and pending case law, common mistakes to avoid, best practices and policy creation. Event Details: Friday August 14, 2015 8:00 a.m.  – 10:00 a.m. Brickstone…

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Jul 14 2015
Leave LawsQ&A

Could an employee’s text to a supervisor trigger FMLA?

Yes, a text from an employee to their supervisor could be enough to excuse their absence and trigger the Family and Medical Leave Act (FMLA), if you’ve allowed employees to use that method in the past. Many employers have a policy that requires employees to actually call in to the office in order to excuse…

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Jul 13 2015
Harassment & Discrimination

Supervisor’s harassing behavior results in $1.5 million liability

A supervisor’s sexually suggestive comments and acts toward three female employees who all asked him to stop resulted in a jury award of punitive and compensatory damages of $1.5 million. A federal appeals court agreed that the employer should be held liable with no opportunity for a defense, since the supervisor also was involved in…

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