Employment Law Blog

News, trends and analysis in employment law and HR

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Photo of Trish Leimbach
Mar 30 2017
Workers’ Comp  

$200k-claim cost avoided by Vigilant retro member

It All Adds Up: Vigilant Saves Lumber Manufacturer More Than $200K in Workers’ Comp Claim

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Photo of Josephine Ko
Mar 29 2017
Harassment & DiscriminationTermination & Resignation  

Okay to terminate manager for violating behavioral contract

A California Court of Appeals recently upheld an employer’s decision to terminate a senior manager for violating his behavioral contract. The manager had engaged in an affair with a non-management employee. After the relationship ended, the manager obsessively contacted the employee via text messages, calls, and visits to her house and neighborhood even after the police told him to stop. The employee finally reported her fear of him to company security, which prompted an investigation that confirmed the harassing conduct.

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Photo of Kandis Sells
Mar 23 2017
DisabilityHarassment & DiscriminationHiringTermination & Resignation  

Accurate job description results in dismissal of worker’s ADA claim

After an employee was terminated from her job as a groundskeeper at a community recreational park, she sued her employer under the Americans with Disabilities Act (ADA). Based primarily on the job duties listed in the employer’s written job description, a federal court agreed that the employee was not able to…

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Photo of Karen Davis
Mar 23 2017
Affirmative Action  

Watch for heads-up letter from OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) recently sent out 800 corporate scheduling announcement letters (CSALs) to selected federal contractors to let them know that they’re on the list for their affirmative action plan to be randomly audited.

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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 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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