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Sep 08 2026
DisabilityHarassment & DiscriminationHiring

Religious accommodation requires concrete proposal by employer

The U.S. Ninth Circuit Court of Appeals recently ruled that when an employee cannot comply with a work requirement for religious reasons, Title VII of the Civil Rights Act requires the employer to propose a specific accommodation (or be prepared to prove undue hardship), because merely offering a process to explore ideas isn’t good enough….

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Aug 27 2026
Labor RelationsTermination & Resignation

NLRB allows employer to ban BLM messaging on clothing

The National Labor Relations Board recently ruled that Whole Foods didn’t violate federal law by prohibiting its employees from wearing Black Lives Matter (BLM) messaging on their work uniforms or face masks. The case arose in mid-2020 when workers at several stores began wearing BLM-themed masks, shirts, and other clothing to show solidarity with social…

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Aug 24 2026
Q&A

Q&A: Is proof of sending a policy or agreement good enough?

Question: We normally notify employees by email of policies and agreements that apply to them, which they can access by opening an attachment or clicking a hyperlink. How important is it for us to be able to prove an employee reviewed and agreed to these documents? Can we just keep a record of what we…

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Aug 10 2026
Leave LawsOregonSafety and Health

Oregon wildfire emergency shrinks OFLA eligibility period

The Oregon Bureau of Labor and Industries (BOLI) recently announced that when Governor Tina Kotek declared a statewide emergency due to wildfires on June 15, 2026, it triggered a reduction in the length of time an individual must be employed in order to be eligible for leave under the Oregon Family Leave Act (OFLA). Normally…

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Aug 07 2026
Wage and Hour

DOL addresses commuting pay after work from home

The U.S. Department of Labor (DOL) has issued two opinion letters addressing whether employees who perform work at home are entitled to pay for mid-day travel to their office or to a client location. Based on the facts cited in the first letter, the DOL determined that no pay was due under the federal Fair…

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Jul 24 2026
Wage and Hour

Q&A: Covered employer for WARN Act not so simple

Question: We employ 110 employees, all at a single facility, and unfortunately need to cut 55 jobs. I understand the federal WARN Act applies to employers with 100 or more employees, but new hires and part-time workers don’t count toward that total. How are those defined? Answer: Your basic understanding is correct, but there are…

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Jul 24 2026
Safety and HealthWage and HourWashington

Q&A: Use caution in Washington Minimum Wage Act reside/sleep exception

Question: We have employees who are required to live or sleep where they work because of how remote the jobs are. Historically, we haven’t tracked hours, paid overtime, or monitored rest and meal periods because we thought there was an exception for employees who live or sleep where they work. Is that okay? Answer: Maybe….

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Jul 06 2026
DisabilityHarassment & DiscriminationQ&A

Q&A: Shoddy misconduct investigation invites discrimination claim

Question: We recently confirmed that an employee violated our workplace violence policy by making threatening gestures to her manager. The employee is deaf and has accommodations in place to help her communicate at work. She admitted that she got frustrated while trying to get through to her manager, and formed a gun shape with her…

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Jul 02 2026
Harassment & DiscriminationTermination & Resignation

Jury to decide if employees were fired for harassment or religion

The U.S. Ninth Circuit Court of Appeals recently ruled that a jury should decide whether an airline’s firing of two Christian flight attendants for objecting to the company’s support of proposed federal legislation, the Equality Act, was truly for violating its policy against harassment and discrimination or whether the real reason was religious discrimination. The…

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Jul 02 2026
Wage and HourWashington

In Seattle Washington, pay for business use of personal phones

A federal district court in Washington recently ruled that employees who work in Seattle can sue under the Seattle Wage Theft Ordinance if their employer fails to reimburse them for reasonably necessary business use of their personal cell phones. An employee in Seattle filed a lawsuit alleging that he and other employees used their personal…

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Jun 29 2026
Employee ClassificationsWage and Hour

DOL releases guidance for exempt status, bonuses, and meals

The U.S. Department of Labor (DOL) recently published opinion letters addressing: (1) whether salaried exempt employees could lose their overtime exemption by performing some nonexempt work at an hourly rate; (2) how to calculate overtime when using a quarterly bonus pool; and (3) whether time spent voluntarily traveling from a work station to leave the…

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Jun 23 2026
DisabilityHarassment & DiscriminationSafety and Health

Q&A: Avoid armchair diagnosis when addressing workplace violence

Question: One of our new hires always seems agitated for no apparent reason, but she is reliable and works hard. She is known to angrily mutter to herself while she works, so coworkers generally steer clear of her. Yesterday the employee became aggressive, irrational, and made several explicit threats to harm coworkers whom she says…

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