Employment Law Blog

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Showing posts for: Q&A

Photo of Sean Brown
Mar 07 2017
Q&AImmigration 

Q&A: What to do if ICE contacts your business

Question: Given recent publicity about increased immigration enforcement, what should we do if a representative from Immigration and Customs Enforcement (ICE) makes contact with our business?

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Photo of Jon Benson
Feb 22 2017
Q&ALeave Laws 

Can an ex-employee who joined the military demand their job back?

Q: Over four years ago we threw a big party for an employee who was joining the US Marine Corps. She never said anything about returning to work for us and we understood she was pursuing a military career. Yesterday she unexpectedly showed up and asked for her job back. Do we have to rehire her?

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Photo of Jodi Slavik
Feb 06 2017
Q&ADisabilityHiringTermination & Resignation 

Q&A: Think twice before revoking job offers based on red flags

Question: We just found out our new hire was fired from his last job for bad attendance, after which he sued the company for disability discrimination. We’re worried he’s not a fit. Can we revoke the conditional job offer?

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Photo of Sean Brown
Feb 01 2017
Q&ALeave Laws 

Do we have to give FMLA leave to remote employees?

Q: Are our employees that work remotely, in homes that are more than 75 miles from our nearest location, eligible for FMLA?

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Photo of Jackie Marks
Jan 24 2017
Q&AEmployee Benefits 

Should we appeal a Marketplace employer notice issued under the ACA?

We received a Marketplace notice in the mail, stating that one of our employees has enrolled in medical insurance coverage from the Marketplace and reported she was not offered health coverage from us. We admit that she wasn’t offered insurance, but only because she works 25 hours per week. Do we need to appeal the employer notice?

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Photo of Christine Meadows
Jan 09 2017
Q&ALeave Laws 

Oregon Sick Leave law: Are we required to provide more time off?

Q: We give employees the choice of whether to apply paid time to sick leave absences or hold on to it for vacation. Several employees used up all of their protected leave for vacation, but now they’re calling in sick. Do we have to give them more time off for sick leave or can we count the absence under our attendance policy?

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Photo of Jodi Slavik
Jan 03 2017
Q&ATermination & ResignationWage and Hour 

Can we deduct from a final paycheck for a missing laptop?

Q: We recently had to terminate a remote employee and he has refused to return his laptop. Can we take the cost of the laptop out of his final paycheck?

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Photo of Sean Brown
Dec 27 2016
Q&AWage and Hour 

Q&A: Can employers prohibit supervisory level employees from discussing wages?

Question: We have a supervisor who won’t stop talking about his wages; can we stop him from doing this?

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Photo of Sean Brown
Nov 14 2016
Q&ALabor RelationsSafety and HealthWage and Hour 

Q&A: Are employees’ social media posts on wages and safety protected?

Question: All our employees make more than minimum wage, but we had an employee go on social media and say, “Minimum wage for this work?! How are we supposed to live off that?!” A number of other employees commented on the post and a few complained about a recent safety incident. Can we discipline the employee who lied about his pay? What can we do to address this?  

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Photo of Lorraine Hoffman
Nov 03 2016
Q&ALeave Laws 

Q&A: Do small businesses with some common ownership have to count combined employees for FMLA and other laws?

Question: I handle HR functions for four separate but related family-owned companies. Each company is fairly small, but altogether there are 65 employees. The companies have some overlapping ownership, but they aren’t owned by exactly the same people. Do I have to worry about family leave laws, since each company is well under the employee threshold to trigger coverage?

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