Employment Law Blog

News, trends and analysis in employment law and HR

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Photo of Lorraine Hoffman
Feb 23 2017
Employee BenefitsLeave Laws  

Paid sick leave under fire in Oregon

Nine Oregon counties have successfully sued the state, claiming that the Oregon sick leave requirements, which took effect on January 1, 2016, create an unfunded mandate and therefore violate the state constitution. This means that unless the state appeals the decision, the counties who brought the lawsuit don’t have to provide paid…

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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 Kandis Sells
Feb 21 2017
HiringImmigration  

Employer fined more than $109,000 for Form I-9 violations

Employment eligibility verification and immigration law: As an employer, have you ever done the following? (1) Stapled a copy of a new hire’s identification documents but didn’t actually fill out the Form I-9; (2) Didn’t complete a Form I-9 within three business days of hire; or (3) Didn’t retain I-9 forms for former employees more than a year. If…

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Photo of Karen Davis
Feb 20 2017
Safety and Health  

Washington L&I expands reporting of motor vehicle accidents

Washington’s Department of Labor & Industries (L&I) has issued new rules stating that all work-related motor vehicle accidents that result in amputation, loss of an eye, in-patient hospitalization, or fatality must be promptly reported to the agency. Previously, L&I allowed an exception for accidents that occurred on a public street or highway, as long…

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Photo of Karen Davis
Feb 17 2017
 

Immigration protests raise questions for employers

Advocates for immigrants are calling for a nationwide strike and boycott, under the banner “A Day Without Immigrants.”

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Photo of Jon Benson
Feb 16 2017
Hiring  

Employer violated FCRA by including waiver in disclosure form for background check

The U.S. Ninth Circuit Court of Appeals recently ruled against an employer who included a waiver of liability in the same document that contained a disclosure statement required by the Fair Credit Reporting Act (FCRA).

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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 Karen Davis
Feb 03 2017
Affirmative Action  

Affirmative Action - Disability self-ID form renewed

On the very last day before it would have expired, the Office of Federal Contract Compliance Programs (OFCCP) posted an updated copy of its mandatory form for gathering disability data from workers.

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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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