Employment Law Blog

News, trends and analysis in employment law and HR

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Photo of Sean Brown
Jul 12 2016
Privacy & Confidentiality  

Employer responses to EEOC and non-confidential attachments may be shared

Beginning on January 1, 2016, any employer response to a claim filed with the Equal Employment Opportunity Commission (EEOC) and any non-confidential attachments will be given upon request to the individual who brought the claim to the EEOC. This change is designed to “strengthen” the EEOC’s investigation and ensure consistency between all EEOC…

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Photo of Karen Davis
Jul 11 2016
Harassment & Discrimination  

Sexual Orientation Discrimination: The EEOC Files First Lawsuits

In two ground-breaking lawsuits this past March, the U.S. Equal Employment Opportunity Commission (EEOC) alleges that under Title VII of the Civil Rights Act, “sex discrimination” includes discrimination on the basis of sexual orientation. This is a developing area of employment law, and these lawsuits are part of the EEOC’s national strategy to seek…

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Jul 08 2016

“Ban the Box”: Can I still ask applicants about criminal backgrounds in Oregon?

Question: Can Oregon employers still ask applicants if they have ever been convicted of a crime?

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Photo of Jodi Slavik
Jun 24 2016

Telling a California employee to see doctor not enough to satisfy interactive process

Showing just how far an employer must go to satisfy California’s Fair Employment and Housing Act (FEHA), a federal district court recently refused to dismiss an employee’s claim that his employer failed to engage in a second round of disability accommodation talks.

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Photo of Jackie Marks
Jun 14 2016
Q&AEmployee BenefitsWage and Hour  

Cash in lieu of benefits must be included in regular rate calculation for overtime

Question: We offer health benefits to our employees. We also allow employees to “opt out” of our offered coverage if they can provide evidence that they have alternate coverage elsewhere. For those employees who “opt out” of our offered coverage, we provide a set amount of money each month. Do we have to include that amount of money in the regular rate of pay and in the calculation of the overtime rate?

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Photo of Kandis Sells
Jun 13 2016
Q&ATermination & Resignation  

Employer’s Response to Unemployment Forms

Q: We had to let an employee go for poor performance but told her we won’t fight her unemployment benefits. Is it best to just check “layoff” on the unemployment form, or just don’t fill it out or send it back?

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Photo of Karen Davis
Jun 10 2016
Affirmative ActionHarassment & Discrimination  

Food distribution company to pay $1.85 million to settle entry-level hiring case

The Office of Federal Contract Compliance Programs (OFCCP) recently announced that Gordon Food Service, Inc. will pay $1.85 million to resolve allegations that it systematically discriminated against women when hiring for entry-level warehouse laborer jobs at locations in Michigan, Wisconsin, and Kentucky.

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Photo of Karen Davis
Jun 07 2016
WebinarWage and Hour  

WEBINAR: 6/23 New Salary Requirements for Overtime Exemptions

The clock is ticking…December 1, 2016, is the date that new salary requirements for exempt “white collar” workers take effect.

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Photo of Manish Gooneratne
Jun 07 2016
Safety and Health  

OSHA Safety Violations Result in Work-Related Amputations, Injuries, and $172K in Fines

The Occupational Safety and Health Administration (OSHA) recently issued three citations to an employer for multiple safety violations, leading to penalties totaling $172,000, following two separate work-related amputations and one severe employee injury. Schwan’s Global Supply Chain Inc., a subsidiary of The Schwan Food Company, was cited for failing to guard…

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