Question: We use Craigslist to post job openings and accept resumes. Are there any legal or practical risks involved with hiring people off Craigslist?

Answer: Many companies are taking advantage of the ability to post job openings for free on Craigslist, but there are some things to think about before using the website as your main source of recruiting and hiring. If people are submitting their resumes via Craigslist, you may be missing out on gathering vital information about the candidate that you would generally get through the application process. For example, job applications often ask about criminal convictions, relevant work experience, technical skills or training, and other information specific to the job being filled. Along the same lines, an individual responding to a Craigslist posting may give you more information than you were looking for. Without any quality control on the information coming in, people may send responses containing information about marital status, religion, disabilities, or a range of other information that you simply don’t want from a job candidate.  If you’re just getting emails or resumes from interested job seekers, you may be missing out on useful information while at the same time subjecting yourself to potential legal exposure.

Perhaps a better approach would be to post the job opening on Craigslist, but direct all applicants to your company website where they can fill out an online application. That way you’re gathering the same information from all candidates rather than the inconsistent information you may get through the resume solicitation process.

Finally, you should also ask yourself whether you’re getting the best candidates for a position by posting on Craigslist. Posting in a single location may make sense for an unskilled labor or temporary position, but is it the best place to locate your next electrician or accountant? If you’ve been posting online but coming up short on quality applicants, try reaching out to your local employment office to see if they have any ideas on where to post your job openings to optimize access to the right job seekers. This is an especially important step if you are a federal contractor because posting all open positions with the state is a requirement of your affirmative action plan, other than exempt executive jobs and jobs lasting three days or less.
 
Still have questions about whether posting on Craigslist is right for your company? Call your Vigilant staff representative for more discussion.

Do you have employees that perform work within the city of Seattle? If so, then you’ll need to be sure to comply with the City of Seattle’s new paid sick time ordinance, approved by the City Council on September 12, 2011 (Substitute C.B. 117216). The ordinance, which goes into effect on September 1, 2012, mandates that all employees who are employed by an employer of five or more full-time equivalents (FTEs) and who perform work in Seattle have the right to accrue paid sick time and paid “safe time.” (Employees who spend only some of their work time in Seattle are covered by the ordinance if they work at least 240 hours in Seattle within a calendar year.) Paid safe time is paid time off for certain reasons related to domestic violence, sexual assault or stalking, as well as time off when an employee’s workplace or the employee’s child’s school or daycare has been closed for certain reasons. Paid sick time may be used not only for the employee’s own illness or disability, but also to care for certain family members. The ordinance uses a tier system to determine how much paid time off must be accrued and may be used in a calendar year:

• Tier One (employers of 5 to 49 FTEs): Employees must accrue at least one hour of paid time for every 40 hours worked, and the employer need not allow an employee to use more than 40 hours of paid time in a calendar year.
• Tier Two (employers of 50 to 249 FTEs): Employees must accrue at least one hour of paid time for every 40 hours worked, and the employer need not allow an employee to use more than 56 hours of paid time in a calendar year.
• Tier Three (employers of 250 or more FTEs): Employees must accrue at least one hour of paid time for every 30 hours worked, and the employer need not allow an employee to use more than 72 hours of paid time in a calendar year.

Questions about this mandate? Contact your Vigilant staff representative.

In a victory for employers, the Washington Supreme Court affirmed that authorized use of medical marijuana under state law doesn’t excuse an employee’s positive drug test. Employers in Washington are therefore free to enforce company policies that provide for discipline or termination of workers who test positive for marijuana, regardless of whether the use of marijuana is authorized under state law. In this case, a new hire who was fired after a positive drug test had sued her employer, saying state law protected off-duty use of medical marijuana. The court decided that Washington’s Medical Use of Marijuana Act protects qualifying individuals, caregivers, and physicians from criminal prosecution under state law. It doesn’t provide any employment protections, however (Roe v. Teletech Customer Care Management, Wash, June 2011).

Tips: Applicants and employees may not be aware that having a medical marijuana card doesn’t shield them from consequences under your drug testing policy. Make sure that you communicate this so there isn’t any confusion. For more information, see our Legal Guide, “Medical Marijuana in the Workplace” (3405).

Despite the legal challenges and vocal opposition on the federal scene, the state of Washington is marching forward with plans to implement the federal health care reform law known as the Affordable Care Act (ACA). Among the state’s preparations is the recent passage of several bills by the Washington state legislature to make various parts of the ACA a reality, including a bill to set up a state health insurance exchange. These bills make the state eligible to receive federal funding to help implement the ACA, while allowing the state to design its health care system as it sees fit. SB 5445 sets up the basic framework for the health insurance exchange, but many details remain to be sorted out. Vigilant will update its members on further developments (2011 Wash Laws Chap 317).

Governor Chris Gregoire has signed SB 5135 and EHB 1091, companion bills that lower unemployment insurance tax rates for many Washington employers. This legislation caps employer taxes in some areas, adjusts tax rates, expands the unemployment insurance training benefits program, and allows long-term unemployed people to access federally funded extended benefits. The legislation also authorizes the use of funds received from the federal government to temporarily increase weekly benefits by $25 per week for new claims filed from March 6 through November 5, 2011. According to the Employment Security Department’s fact sheet on the legislative changes, affected employers should receive updated tax notices in March.

On November 2, Washington voters rejected Initiative 1082, which would have allowed employers to obtain workers’ compensation insurance from private insurance carriers instead of purchasing exclusively through the state. Vigilant supported the passage of Initiative 1082 because we believed competition was best for employers and employees alike, and that the eventual outcome would be better service and pricing from carriers. Now that I-1082 is off the table, we expect the Washington Department of Labor and Industries (L&I) to announce a significant rate increase for 2011. No dates have yet been scheduled for the rate hearings, but we plan to testify on behalf of our members about the negative impact of any increase. In the meantime, if you have questions, contact Nancy Dicus (800-733-8621 or n.dicus@vigilantcounsel.org).

Remember to set your clocks back one hour when Daylight Saving Time ends Sunday, November 7, 2010, at 2 a.m. If you’re not working during the time change, enjoy your extra hour of sleep. For employees who normally work eight hours on the night shift, they may work nine hours that day (e.g., from 11 p.m. Daylight Saving Time to 7 a.m. Standard Time). Employers must pay employees for all hours actually worked, which may include overtime. As an employer, you cannot offset the pay for the extra hour worked on November 1, even if you voluntarily paid eight hours for only seven hours of work when Daylight Saving Time began in March.

Washington recently updated and amended its unemployment compensation rules on a variety of issues, including the following:

• Gross misconduct: the rules now provide examples of conduct that will automatically be considered “flagrant and wanton” conduct for purposes of meeting the “gross misconduct” standard under the unemployment rules. Examples include: a medical provider found to be under the influence of illegal narcotics while at work, a health care worker who steals money or valuables from patients, a commercial truck driver who operates the employer’s motor vehicle while under the influence of alcohol, and a school employee who is convicted of conduct requiring the employee to register as a sex offender.
• Discharge before resignation: If an employee resigns and then is discharged before the end of his or her notice period, the separation will be treated as a discharge. Unemployment benefits will not be denied unless the employer can show that the individual was discharged for misconduct. If, however, the employer pays the employee throughout the notice period, but does not require them to show up for work, then the separation will be treated as a voluntary quit.
• Bonuses, sick leave, vacation or holiday pay: These types of payments must be reported by the claimant, and when they are assigned to a specific time period during which the claimant has claimed benefits, they will be deducted from the claimant’s benefits.
• Incarceration: If the claimant is jailed, but released without being charged with, or convicted of a crime, the employee will not be deemed to have committed misconduct unless he or she is terminated for absenteeism for failing to notify the employer of the absence.

These changes went into effect on June 12, 2010. Have questions about how the unemployment rules might apply to a given situation? Contact your Vigilant staff representative.

The Department of Labor and Industries (L&I) has issued final rules implementing Washington’s law on leaves of absence and reasonable accommodation for victims of domestic violence. Under the new rules, employees have the right to take leave if they or a member of their family have been a victim of domestic violence, sexual assault or stalking. Vigilant submitted written comments on L&I’s proposed rules, some of which were incorporated into the final rules. See our Model Policy, “Crime Victim Leave Policies for Oregon, Washington and California” (3912) for more information on this law and call your Vigilant staff representative with specific questions.

Vigilant and other supporters of Initiative 1082, a measure to allow private insurers to compete with the Department of Labor & Industries (L&I) in the workers’ comp market, have successfully gathered 340,000 signatures, making it highly likely I-1082 will appear on the ballot in November for voter approval.  Currently, L&I is the sole provider of workers’ compensation coverage in Washington State. For more information about Initiative 1082 or how you can support it, contact Nancy Dicus in Vigilant’s Everett Regional office at 1-800-733-8620.