Employment Law Blog

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Photo of Karen Davis
May 16 2017
Affirmative Action  

OFCCP announces significant financial settlements

Wrapping up some high-profile cases following affirmative action audits, the Office of Federal Contract Compliance Programs (OFCCP) recently announced three significant settlements, two of which were in the OFCCP’s Pacific Region:

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Photo of Kandis Sells
May 15 2017
Q&ALeave Laws  

Unmarried employee entitled to FMLA when girlfriend gives birth?

Q: A female employee requested two weeks off to be with her pregnant girlfriend when she gives birth. The employee is not married or living with this girlfriend, and the baby is not biologically hers. Of course we will give her the time off, but does it count as FMLA?

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Photo of Diane Buisman
May 15 2017
Harassment & DiscriminationTermination & Resignation  

Employer unlawfully discriminated against unmarried pregnant employee in Oregon

In a rare case, an unmarried teacher recently won a victory against her employer by applying Oregon’s law protecting individuals from discrimination based on marital status. The teacher worked at a Christian university, which required her to adhere to a certain moral standard. When she revealed that she was pregnant, unmarried, and living with her boyfriend, her employer gave her the options of ending her cohabitation, marrying the father of her child, or losing her job. When she declined the first two options, the university terminated her employment.

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Photo of Trish Leimbach
May 10 2017
Workers’ Comp  

10 Signs a Workers’ Comp Claim is Going to Cost You

1.    A claim is filed by a difficult employee If you have a difficult employee, chances are they are going to be a difficult injured employee. Be pro-active with clear performance expectations and deal with any behavior and performance challenges early. If a claim is filed, treat the worker the same as anyone else,…

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Photo of Diane Buisman
May 10 2017
Harassment & DiscriminationWage and Hour  

Internal complaints count as whistleblowing under Oregon law

Two employees complained to their supervisors about not getting paid overtime. In a groundbreaking decision from the U.S. Ninth Circuit Court of Appeals, these employees were protected from retaliation under Oregon law.

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Photo of Jackie Marks
May 05 2017
Q&ADisabilityDrug and Alcohol  

Q&A: Is leave for jail time a reasonable accommodation for alcoholism?

Question: We have an employee who requested time off because he was in jail due to a Driving Under the Influence (DUI) conviction. We want to take action due to his excessive absenteeism. Do we have to grant him time off as a reasonable accommodation for alcoholism?

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Photo of Kandis Sells
May 03 2017
Leave Laws  

Time off for child care may qualify for FMLA leave

Q: An employee has requested time off two days each week to care for her autistic toddler who was recently expelled from his daycare. Are those absences covered by FMLA?

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Photo of Karen Davis
Apr 28 2017
WebinarAffirmative Action  

WEBINAR: 5/23 Affirmative Action Compliance in Uncertain Times

What will happen to affirmative action under the Trump administration? With all of the political turmoil in the news, employers with federal contracts and subcontracts are wondering what to expect from the Office of Federal Contract Compliance Programs (OFCCP).

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Photo of Karen Davis
Apr 27 2017
Q&ASafety and HealthWorkers’ Comp  

Q&A: Can we discipline for failure to promptly report an injury?

Question: Today an employee said she hurt her back at work three days ago. Our policy requires immediate reporting of work-related injuries. Can we write up the employee for failing to promptly report her injury?

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Photo of Jodi Slavik
Apr 18 2017
Q&AHarassment & DiscriminationHiring  

Q&A: Hiring a transgender receptionist

Q: We interviewed an applicant for our receptionist position that was dressed as a woman but looks like a man. My conservative boss doesn’t want to hire her because she might turn off customers. Is this a legitimate reason not to hire her?

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