Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts by Diane Buisman

Photo of Diane Buisman
Nov 07 2017
 

OREGON Q&A: What happens when Veterans Day falls on a Saturday?

Question: Under Oregon law, we know that veterans have the right to take Veterans Day off if they request it. This year Veterans Day (November 11) falls on a Saturday and we don’t normally work on weekends. Do we have to allow a veteran employee to take a different day off in observation of Veterans Day?

Read More…
Photo of Diane Buisman
Oct 11 2017
Q&ASafety and HealthTermination & ResignationWorkers’ Comp  

Q&A: Termination after workplace injury may trigger workers’ comp retaliation claim

Question: One of our employees seriously injured his hand at work after just a couple of days on the job. Based on the nature of his injury, it seems obvious that he must have committed a safety violation. Can we fire him?

Read More…
Photo of Diane Buisman
Oct 09 2017
Q&AVigilant NewsWage and Hour  

OREGON: Common questions answered on recent legislation

Vigilant recently held a webinar covering 2017 legislation impacting Oregon employers with new overtime and maximum hour rules for manufacturers, predictive scheduling, amendments to Oregon’s sick leave law, and pay equity. We’ve received some great follow-up questions regarding the overtime and maximum hour rules for manufacturers, as well as questions about Oregon’s…

Read More…
Photo of Diane Buisman
Oct 05 2017
Wage and Hour  

New law in Oregon imposes stiff penalty for requiring false time records

Oregon recently passed a new law that takes effect on January 1, 2018, prohibiting employers from compelling, coercing, or otherwise requiring an employee to create, file or sign a time record that the employer knows to be false (HB 3008). Pursuant to the new law, courts may award up to…

Read More…
Photo of Diane Buisman
Jul 18 2017
WebinarLeave LawsWage and Hour  

Oregon legislative update webinars: 8/29/17

Tuesday, August 29, 2017 10-11 a.m. Pacific / 1-2 p.m. Eastern (full) and 1:30-2:30 p.m. Pacific / 3:30-5:30 Eastern (open for registration) The Oregon legislature recently ended a busy session, passing several employment bills that will bring big changes to Oregon employers. Get up to speed on what changes are coming and hear practical…

Read More…
Photo of Diane Buisman
May 30 2017
Harassment & Discrimination  

Federal courts split over sexual orientation discrimination

A recent string of federal appeals court cases regarding sexual orientation discrimination has shone a light on an area of open interpretation under federal law. Under Title VII of the Civil Rights Act, individuals are protected from discrimination based on sex, but the law doesn’t explicitly encompass protection based on sexual…

Read More…
Photo of Diane Buisman
May 15 2017
Harassment & DiscriminationTermination & Resignation  

Employer unlawfully discriminated against unmarried pregnant employee in Oregon

In a rare case, an unmarried teacher recently won a victory against her employer by applying Oregon’s law protecting individuals from discrimination based on marital status. The teacher worked at a Christian university, which required her to adhere to a certain moral standard. When she revealed that she was pregnant, unmarried, and living with her boyfriend, her employer gave her the options of ending her cohabitation, marrying the father of her child, or losing her job. When she declined the first two options, the university terminated her employment.

Read More…
Photo of Diane Buisman
May 10 2017
Harassment & DiscriminationWage and Hour  

Internal complaints count as whistleblowing under Oregon law

Two employees complained to their supervisors about not getting paid overtime. In a groundbreaking decision from the U.S. Ninth Circuit Court of Appeals, these employees were protected from retaliation under Oregon law.

Read More…
Photo of Diane Buisman
Aug 10 2016
Disability  

Anxiety disorders and the ADA: Employer wins case, despite refusing employee’s accommodation request

The federal Americans with Disabilities Act (ADA) does not require an employer to grant an employee’s demand for a particular accommodation, as one employer proved in a recent case from an Oregon federal district court. The employee suffered from anxiety and claimed that she could not work with her co-worker, whose…

Read More…
Photo of Diane Buisman
Aug 04 2016
Harassment & Discrimination  

Transgender rights and issues continue to be on forefront for federal agencies

The federal Equal Employment Opportunity Commission (EEOC) and U.S. Department of Education became the two most recent federal agencies to release guidance regarding treatment of transgender individuals. The EEOC issued a new fact sheet discussing rights of transgender employees and the U.S. Department of Education issued a letter regarding transgender…

Read More…