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

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

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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

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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

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ICE: Is Your Organization Prepared for a Silent Raid?

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

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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

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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

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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

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Meal and Rest Breaks for Public Employees

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

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What Happened to Comparability?

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

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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

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How Stories Keep Us in Conflict

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

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

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

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Gain Sharing Strategy

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

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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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Budget-Related Furloughs: Employers Must Bargain Both Decision and Effects

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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