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Posts for HR Advisor

New Limits on Use of Criminal Background Checks During the Hiring Process

May 1, 2018 by Summit Law Group
Category: Recruitment and Hiring , HR Advisor

Under the new Washington Fair Chance Act, an employer may only ask about a person’s arrest or conviction history once the employer has made the initial determination that the applicant is qualified.

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Is Your Organization Prepared for the #MeToo Movement?

February 26, 2018 by Sebris Busto James
Category: Personnel Policies , HR Advisor

The consequences of failing to prevent or ignoring sexual harassment are significant for an organization, including millions of dollars in litigation and settlements, low employee morale, high turnover, and low productivity. This post looks at recent EEOC activity in this area and offers basic advice to organizations seeking to create a workplace free of any type of harassment.

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Treat Your Elders Well

May 3, 2017 by Jillian Barron
Category: Personnel , HR Advisor

It's estimated individuals age 55 and older will make up 25% of the U.S. workforce by 2020. The ADEA promotes employment of “older persons” based on ability and prohibits arbitrary age discrimination. Treat Your Elders Well: They can do the job, and they can also sue you for age discrimination

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The EEOC Issues Publications on Mental Health Conditions

February 28, 2017 by Matthew R. Kelly
Category: Americans with Disabilities Act , HR Advisor

Last month, the Equal Employment Opportunity Commission issued two documents that summarize the workplace rights of job applicants and employees who have mental health conditions. Though not comprehensive, these documents provide some guidance that employers should be aware of.

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New EEOC Rules Affect Employer Wellness Programs

December 7, 2016 by Beth Kennar
Category: Personnel Policies , HR Advisor

The EEOC recently issued a final rule to amend the regulations implementing Title I of the ADA and the Genetic Information Nondiscrimination Act of 2008 as they relate to employer wellness programs. This post discusses the impact of this new rule.

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A 4-Step Approach to Progressive Discipline

October 11, 2016 by Marci Wright
Category: HR Advisor , Administration and Management

Clear and consistent guidelines allow supervisors to manage employee disciplinary issues while providing employees with the information and the opportunity to improve performance. Supervisors often coach and counsel employees to fix minor behavioral- or performance-related issues but a template, such as the 4-step progressive discipline process, gives an employers tools to proactively manage more challenging cases.

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Skills HR Professionals Need to Lead and Influence Change

July 1, 2016 by Cabot Dow
Category: HR Advisor , Administration and Management

Dealing with change and influencing change is at the top of the list of challenges Human Resource (HR) professionals in the public sector continually face. This includes, but is not limited to, changes in elected officials, growing pains, increased competition for budget resources, new regulations, the demand for more flexibility in benefit designs and options, technological innovations, and re...

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NLRB’s Joint Employer Decision Adds Complexity to Legal Landscape

December 21, 2015 by Sarah I. Hale
Category: Personnel , HR Advisor

The National Labor Relations Board’s recent ruling in Browning-Ferris Industries of California, Inc., 362 NLRB No. 186 (Aug. 27, 2015), lays out a new standard for the meaning of “joint employer.”

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Hiring the Right Person: The Art of the Reference Check

September 3, 2015 by Marci Wright
Category: Recruitment and Hiring , HR Advisor

Reference checks are essential in any hiring process and should almost always be done. 30-year HR veteran Marci Wright offers some tips and tricks for getting them most out of your reference checks.

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Sick Leave Benefits for Local Government Employees, Part 4: Establishing Clear Policies

August 18, 2015 by Cabot Dow
Category: HR Advisor , Leave Policies

Part 4 in this series provides some review, guidelines for establishing clear policies, summation, and attempt to wrap up the subject for now.

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Changes to Washington Law Require Timely and Complete Responses to Unemployment Claims

April 17, 2015 by Sarah I. Hale
Category: HR Advisor , Termination

In response to a federal mandate requiring states to restructure their unemployment insurance laws, Washington has adopted a new law, which affects how some employers should respond to Washington’s Employment Security Department (ESD) inquiries regarding a former employee’s eligibility for unemployment benefits. Specifically, in 2011, Congr...

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Sick Leave Benefits for Local Government Employees, Part 2: Framework for Issue Assessment

April 10, 2015 by Cabot Dow
Category: HR Advisor , Leave Policies

This is part two of a four-part series on the subject of sick leave benefits for local government employees, focusing on identifying issues to think about and questions to discuss regarding paid sick leave benefits.

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Hiring the Right Person: Getting The Job “On the Street”

March 18, 2015 by Marci Wright
Category: Recruitment and Hiring , HR Advisor

You are a busy manager with an important vacancy to fill. Busy as you are, you’ve been reading our hiring series, so you took time to evaluate the vacancy to ensure the job description is accurate and up-to-date and to identify an ideal candidate profileYou are ready to actively begin your recruitment process. Here are a series of questions to help you focus the recruitment.

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Sick Leave Benefits for Local Government Employees Part 1: An Overview

March 2, 2015 by Cabot Dow
Category: HR Advisor , Leave Policies

Recently, there has been a surge of interest on the West Coast in the pros and cons of paid sick leave benefits for employees. This issue was hotly debated in 2014 by both the California and Washington State Legislatures. In Washington State, the bill that would have required businesses with more than 5 employees to provide paid sick leave (from 40 to 72 hours per year) was passe...

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Hiring the Right Person: Getting Started

February 17, 2015 by Marci Wright
Category: Recruitment and Hiring , HR Advisor

Vacancies often occur with little notice and at a bad time. As busy as you are, you lack time and energy to devote to an unexpected, time-consuming recruitment and selection process. You need to refill this job as soon as possible. But, as busy as you are, a wise manager will spend a little time thinking about the vacant position and the process requirements before rushing to hire a new employee.

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Hiring the Right Person: An Overview

January 16, 2015 by Marci Wright
Category: Recruitment and Hiring , HR Advisor

For most managers, the most important decisions you make are hiring decisions. Unfortunately many managers make a common mistake in their approach to hiring that results in making a poor choice.

Hiring for a vacant position is a rare opportunity to make positive change in an organization by adding great new employee. Getting the right individual in the right job is a critical building block for any thriving organization.

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"Employers Must Accommodate Religious Beliefs," Says Washington Supreme Court

September 1, 2014 by Nate Bailey
Category: HR Advisor , Leave Policies

The Washington Supreme Court recently announced that the Washington Law Against Discrimination (WLAD) requires employers to accommodate employees' religious beliefs. The Court's recent decision in Kumar v. Gate Gourmet, Inc. marked the first time Washington's high court has directly...

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New Bill Gives Public Employees Two Unpaid Religious Holidays Per Year: What Does It Mean for Employers?

July 1, 2014 by HR Advisor
Category: HR Advisor , Leave Policies

On March 31, Governor Inslee signed into law a bill giving public employees two unpaid religious holidays per calendar year. SB 5173, which passed with overwhelming support, was designed to provide flexibility to employees of faiths like Islam or Judaism whose holy...

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A Review of Labor Contracts, the Labor Negotiations Process, and Costing Issues

April 1, 2014 by Cabot Dow
Category: HR Advisor , Collective Bargaining

The purpose of this HR Advisor is to suggest a framework, guidelines, and offer resources on labor contract and negotiations, both ...

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What Every Project Needs to Succeed

February 1, 2014 by Eric Svaren
Category: Leadership , HR Advisor

At a large public institution, a high-profile team is on the verge of implosion. Morale is abysmal. The team has broken into factions. Because this team deals with the most complicated, high stakes situations in the institution, the team's problems have pushed people's level of stress through the roof. Gossip is rampant. People are afraid of being attacked. Some team members won't talk to one...

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ICE: Is Your Organization Prepared for a Silent Raid?

January 1, 2014 by HR Advisor
Category: Legislation , HR Advisor

Immigration reform has been on the government's radar for some time, and 2014 promises to be no different. Over the past four years, U.S. Immigration and Customs Enforcement (ICE) has audited the I-9 employment records of over 10,000 employers and imposed more than $100 million in fines. In September 2013, ICE notified another 1,000 employers that it would be conducting I-9 compliance and...

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New for Q3 and Q4: Withholding Tax Changes for Benefits Paid to Same-Sex Couples

October 1, 2013 by HR Advisor
Category: Compensation , HR Advisor

Employers will need to use special care in handling their federal employment tax duties for Q3 and Q4 of this year. In the wake of the U.S. Supreme Court's Windsor decision, which struck down federal restrictions on same-sex marriage, the Internal Revenue Service (IRS) has issued recent guidance that clarifies how employers should address their Q3 and Q4 tax reporting. In particular, the...

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What's Important Now?

September 1, 2013 by Cabot Dow
Category: HR Advisor , Collective Bargaining

A simple but powerful acronym that comes from the well-known and entertaining football coach and ESPN commentator Lou Holtz is W.I.N. In the gospel according to Lou Holtz, it stands for 'What's Important Now?'

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The EEOC Provides ADA Guidance on Specific Conditions

June 1, 2013 by Mark Busto
Category: Americans with Disabilities Act , HR Advisor

The Equal Employment Opportunity Commission (EEOC) recently issued four new "Question and Answer" documents that address how the Americans with Disabilities Act of 1990 (ADA) relates specifically to diabetes, epilepsy, intellectual disabilities, and cancer. These documents provide clear answers to common employer questions about hiring and accommodating employees with one or more of these...

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Why Retreats Don't Work and What to do About it

April 1, 2013 by Eric Svaren
Category: Management , HR Advisor

At a non-profit start-up, the entire staff meet to review their progress and address strategic and tactical challenges. Deep conversations emerge about the value the non-profit creates, people's personal commitment to the mission, and how to continue to grow sustainably, without burning out staff or burning up working capital. After two days, participants leave new clarity and understanding about...

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Meal and Rest Breaks for Public Employees

March 1, 2013 by Sofia D'Almeida Mabee
Category: Compensation , HR Advisor

There continues to be much confusion regarding meal and rest period obligations for public sector employees. Public employers in Washington State are required to provide meal and rest breaks for non-exempt employees (i.e., overtime-eligible employees.) However, unlike the situation for private employers, public employers can also have agreements with unions...

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What Happened to Comparability?

December 1, 2012 by HR Advisor
Category: HR Advisor , Collective Bargaining

Comparisons of compensation for like jobs is a criterion of fundamental importance in labor negotiations, mediation and interest arbitration. Why? Because all parties at interest derive benefit from them and the public is likely to support the outcome.

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Single Comment, Together with "Background Evidence," May Establish Hostile Work Environment

October 1, 2012 by M. Edward Taylor
Category: Personnel Policies , HR Advisor

In Washington, hostile work environment claims can be based on the cumulative effect of discrete acts. As a result, a hostile work environment can arise over a period of days or even years. When a claim involves several years of cumulative conduct, how do Washington courts address the situation where the conduct becomes unlawful in the middle of the series of acts?

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How Stories Keep Us in Conflict

August 1, 2012 by Eric Svaren
Category: Management , HR Advisor

One thing I've learned from working in conflict resolution and team building is: People work hard to stay in conflict. The players in any given situation expend extraordinary energy to prevent themselves from approaching someone, broaching a topic, truly listening and understanding—and, ultimately, from finding a resolution.

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Criminal Background Checks in Hiring: EEOC Provides Updated Title VII Guidance

August 1, 2012 by Peter Altman
Category: Recruitment and Hiring , HR Advisor

Criminal background checks provide valuable information to employers when screening job applicants and are required for certain positions in Washington, including positions where employees have unsupervised contact with children and vulnerable adults. Properly implemented criminal record screening policies help employers ensure a safe and productive workforce while reducing the risk of liability...

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Gain Sharing Strategy

May 1, 2012 by Cabot Dow
Category: HR Advisor , Collective Bargaining

As economic and political change happens, sharing the challenge of dividing up a smaller pie in good faith, while adhering to carefully weighed guiding principles, leads to more mutually beneficial outcomes, going forward. This column will address in more detail four subtopics...

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Bullying in the Workplace

March 1, 2012 by Janice Corbin and Janet May
Category: HR Advisor

This Advisor column was originally published in September 2005.

As part of our business, we spend a lot of time working with workgroups who are having difficulty functioning well together as a team. Oftentimes, one of the factors contributing to the dysfunctional team relationship is bullying behavior by one or more of the employees in the workgroup and/or by the supervisor....

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Is it Safe to Provide a Job Reference?

March 1, 2012 by Elizabeth Kennar
Category: HR Advisor

This Advisor column was originally published in August 2005.

Many employers are reluctant to give job references for fear that they will be sued for defamation based upon the information provided. This is because an employer who makes false statements about current or former employees to a prospective employer is subject to potential liability under a defamation theory for t...

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Labor Relations Policy Development: New Balance is Smaller Concessions

March 1, 2012 by Cabot Dow
Category: HR Advisor

This Advisor column was originally published in September 2011.

Local government budgets reflect the priority the public puts on essential services, many of which are delivered by public employees: law enforcement, firefighting/ems, code enforcement, streets, parks and utility maintenance, emergency dispatch and office support. With over 70% of government costs paid out for ...

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Elected Officials Can be Subject to Recall for Violating Employment Laws

March 1, 2012 by Sofia D'Almeida Mabee
Category: HR Advisor

This Advisor column was originally published in June 2011.

Elected officials in Washington State can be subject to recall by the voters for “malfeasance, misfeasance, or violation of the oath of office.” Generally, this does not include discretionary acts, absent manifest abuse of discretion. In addition, officials accused of violating the law are generally not s...

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Fair Labor Standards Act Classifications: Are Your Employees Correctly Classified?

March 1, 2012 by Jennifer A. Parda
Category: HR Advisor

This Advisor column was originally published in April 2011.

As employers are acutely aware, properly classifying employees under the federal Fair Labor Standards Act ("FLSA") presents many challenges. Exempt categories are numerous and complex and may inadvertently be jeopardized when seemingly unrelated employment actions are taken (such as payroll deductions). De...

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Dangerous Decisions

March 1, 2012 by Eric Svaren
Category: HR Advisor

This Advisor column was originally published in February 2011.

“They need to learn that this not a democracy, but a benevolent dictatorship,” a senior manager recently said to me. He was commenting on his staff’s desire to be involved in setting performance expectations. They wanted clear expectations that everyone is held to, and they wanted to be involved...

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What to Do About Gossip in the Workplace?

March 1, 2012 by Janice Corbin and Janet May
Category: HR Advisor

This Advisor column was originally published in May 2005.

During our seminars and when we are working with clients, supervisors and managers frequently mention how difficult it is to try and deal with the "gossip" and "rumors" that permeate the workplace. In response to our question, "What are you doing to stop the gossiping?" seminar participan...

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PERC's New Decision on Weingarten Rights

March 1, 2012 by Sofia D'Almeida Mabee
Category: HR Advisor

This Advisor column was originally published in January 2011.

“Weingarten rights”, which derive from a U.S. Supreme Court decision provide that employees have the right to union representation at investigatory interviews when the employee reasonably believes that discipline will follow. Although the case...

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When People Complain About "Communications"

March 1, 2012 by Dee Endleman
Category: HR Advisor

This Advisor column was originally published in February 2005.

"Communications are bad around here."
"You know what our problem is? Lack of communication."
"If we would just learn to communicate, we could build some trust."

We often hear quotes like the ones above. Sound familiar?

In ...

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Employers Need to Promptly and Effectively Address Complaints of Workplace Harassment

March 1, 2012 by Mark Busto
Category: HR Advisor

This Advisor column was originally published in October 2010.

By Mark Busto, Brian M. Flock and M. Edward Taylor

Both the Washington Law Against Discrimination and Title VII of the Civil Rights Act of 1964 prohibit discrimination on the basis of sex, including sexual harassment. Both sexes are protected from sexual harassment, including from same-s...

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When Emotions Run High

March 1, 2012 by Eric Svaren
Category: HR Advisor

You've just announced another round of layoffs. A recent high-visibility project went very badly, leaving work relationships in tatters. Staff members are giving each other the cold shoulder. When you ask questions to understand what's going on, all you get are vague statements and veiled references.

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March 1, 2012 by Kristin Anger
Category: HR Advisor

This Advisor column was originally published in June 2010.

In recent years, the faltering economy has forced many public employers to get creative in finding ways to reduce expenditures. Unpaid furloughs have proven an attractive alternative to layoffs for some employers looking to trim costs. Unlike layoffs, furloughs allow employers to hold on to valued employees pending a...

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Electronic Communications and Social Media: Managing Employer Risks with Clear Policies

March 1, 2012 by Mark Busto
Category: HR Advisor

This Advisor column was originally published in March 2010.

For many of us, it is hard to remember a time when conducting our work duties did not involve extensive use of email communications and the internet. For this reason, most employers long ago recognized the need to implement email and internet use policies for their employees. Nonetheless, internet use has rapidly ch...

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Employee Performance Evaluations

March 1, 2012 by Janice Corbin and Janet May
Category: HR Advisor

This Advisor column was originally published in January 2005.

Recently, as cities and counties try to do more work with fewer resources, we have seen a resurgence in public entities wanting to focus on performance management, including a recommitment to the use of annual performance evaluations. Performance evaluations serve as a valuable tool for recognizing the performance...

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When Conflict Is Good (And When It's Not)

March 1, 2012 by Eric Svaren
Category: HR Advisor

This Advisor column was originally published in January 2010.

Nancy and Bonita are always at loggerheads in meetings. Casper and Dylan are always complaining (to you) about each other. Miguel and Keisha can hardly bear to be in the same room together.

If I asked you whether you have too much or too little conflict in your work life, what you’re likely to say&...

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Drawing the Line Between Physical Fitness Tests and Medical Examinations Prohibited by the ADA

March 1, 2012 by Mark Busto
Category: HR Advisor

This Advisor column was originally published in October 2009.

In Indergard v. Georgia-Pacific Corp., the U.S. Court of Appeals for the Ninth Circuit examined the issue of whether a physical capacity evaluation for employees returning to work from medical leave is a lawful physical fitness test, or a prohibited medical examination under the Americans with Disabilitie...

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Getting a Grip on Grievances

March 1, 2012 by Janice Corbin and Janet May
Category: HR Advisor

This Advisor column was originally published in September 2004.

Collective bargaining is the process whereby the employer and the union exchange commitments, in the form of a collective bargaining agreement ("CBA"), for the purpose of defining their interdependent relationship. The daily management of the CBA is commonly referred to as contract administration. Desp...

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The Latest in Retaliation Law

March 1, 2012 by Mark Busto
Category: HR Advisor

This Advisor column was originally published in June 2009.

As many employers are aware, retaliation claims now comprise one of the largest sources of litigation and potential liability arising out of the workplace. In a recent decision, the U.S. Supreme Court confirmed that federal law broadly protects employees who “oppose” discriminatory conduct. Th...

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Taking the Mystery out of Loudermill Meetings

March 1, 2012 by Janice Corbin and Janet May
Category: HR Advisor

This Advisor column was originally published in June 2004.

In our consultations with public employers we often find that the actual process of conducting a Loudermill meeting is still very much a mystery. In reality, Loudermill meetings should not be a source of frustration or concern as they generally are fairly simple to conduct. So, for this month's &...

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Strategies for Preventing Workplace Violence

March 1, 2012 by Janice Corbin and Janet May
Category: HR Advisor

This Advisor column was originally published in March 2004.

Washington State Legislators have passed two new domestic violence laws during this legislative session that will impact how some employers will deal with employees who are reportedly involved with incidents of domestic violence. 2004's Read more | 0 comments

Recent Legal Changes Add to Employees' Rights and Benefits in a Reduction-in-Force

March 1, 2012 by Shannon Phillips
Category: HR Advisor

This Advisor column was originally published in April 2009.

The severe budgetary constraints faced by most public employers this year have forced some to implement a reduction-in-force to reduce expenditures. Many more may feel compelled to follow that path in the year to come. A recent legislative enactment involving COBRA benefits and a court decision addressing an employe...

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New Domestic Violence Leave Expands Washington Employees' Right to Time Off

March 1, 2012 by Mark Busto
Category: HR Advisor

This Advisor column was originally published in September 2008.

The Washington legislature recently added a new form of leave to the already-existing constellation of grounds for protected time off work. Leave must now be provided to victims of domestic violence, sexual assault, or stalking (“domestic violence” or “abuse”) and their family members. Th...

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Ringing in the New? Pregnancy Discrimination and Pregnancy-Related Leaves

March 1, 2012 by Mark Busto
Category: HR Advisor

This Advisor column was originally published in January 2008.

By Mark Busto, Evan D. Chinn and Jillian Barron

In recent months, the Washington Supreme Court clarified state anti-discrimination laws and regulations regarding hiring and employment of pregnant women. Protections for pregnant women are also part of Washington and federal laws that allo...

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Engineering Success for the Productive Employee

March 1, 2012 by Janice Corbin and Janet May
Category: HR Advisor

This Advisor column was originally published in November 2007.

In looking back over our MRSC articles for the last couple of years, we found that our focus in the articles has oftentimes been on the same employee that most managers and supervisors are focusing on – the problematic employee. This is understandable since it is that employee that can cause disruption to t...

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Managing Change Effectively In the Workplace - Part 2

March 1, 2012 by Janice Corbin and Janet May
Category: HR Advisor

This Advisor column was originally published in March 2007.

In our previous article, we discussed the inevitability of change and provided some practical tips for helping change go more smoothly. Those tips, however, miss one key aspect that can be expected with an...

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Managing Change Effectively In the Workplace - Part 1

March 1, 2012 by Janice Corbin and Janet May
Category: HR Advisor

This Advisor column was originally published in October 2006.

Today’s workplaces are changing at lightning speed. Not only do we find it difficult to make changes in our lives, it is normal to be resistant to change. The process of making a change means an actual ending of something and a loss of something. Even when the change is positive, such as more efficient techn...

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Are Your Workers Misclassified?

March 1, 2012 by Elizabeth Kennar
Category: HR Advisor

This Advisor column was originally published in April 2007.

Important consequences flow from the determination that an individual is a regular employee, as compared with a temporary or seasonal employee or independent contractor. The common law definition of employee and potential consequences of failing to appropriately classify a worker as a “ regular employee”...

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Staff Meetings - Friend or Foe?

March 1, 2012 by Janice Corbin and Janet May
Category: HR Advisor

This Advisor column was originally published in February 2006.

What follows is an all too familiar scenario that may be occurring somewhere in your own organization. A workgroup has become engaged in on-going conflict, disagreement and strained communications. In staff meetings, employees take the opportunity to be disrespectful of each others’ ideas, make snide commen...

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Negotiate a Labor Contract and Repair Relationships at the Same Time

March 1, 2012 by Eric Svaren
Category: HR Advisor

This Advisor column was originally published in December 2011.

The last three years have been tough on local governments. Unemployment in Washington State is up. The real estate market has corrected. Construction is down. Sales tax revenue has plummeted. Health care costs keep going up and up. State and federal government cuts are hitting local government. No one expected re...

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Social Media in Hiring: Minimizing Legal Risks

March 1, 2012 by Sofia D'Almeida Mabee
Category: HR Advisor

This Advisor column was originally published in February 2012.

Never before have employers had access to so much information about job applicants. Through a few clicks of a mouse, you can learn from a Facebook profile all about an applicant’s friends and family, recreational activities, clubs, and professional associations. Some of this information could provide valuab...

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Medical Marijuana and Drug Testing - What Employers Need To Know

March 1, 2012 by Brian M. Flock and M. Edward Taylor
Category: HR Advisor

This Advisor column was originally published in July 2011.

In 1998, Washington voters approved the Medical Use of Marijuana Act ("MUMA"). MUMA provides a defense from criminal prosecution for physicians who prescribe medical marijuana and for patients who use prescribed medical marijuana. MUMA's only reference to "employment" as the law was originally...

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