Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts by Diane Buisman

Photo of Diane Buisman
Feb 13 2019
 

Q&A: Do we have to cut ties with a valuable employee who harassed someone?

Question: We have a manager who is great at keeping production on pace and running efficiently, but he has a hard time getting along with other people. He recently said some really inappropriate things to one of his employees. Normally we would terminate for this behavior, but he is our…

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Photo of Diane Buisman
Jan 02 2019
DisabilityEmployee BenefitsEmployee Classifications  

Best practice idea: Follow up after making disability accommodation

One of our Vigilant members has implemented a best practice that we think is worth sharing: annual check-ins with employees who are receiving workplace accommodations under the Americans with Disabilities Act (ADA). Annual Check-In: What’s Involved The company sends the employee a letter each year, reviewing what accommodations have been made and asking: (1)…

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Photo of Diane Buisman
Nov 02 2018
 

Q&A: Pay equity analysis not a quick fix

Question: We’re concerned about new state laws on equal pay, and we don’t know where to start with a pay equity analysis. How do we get a handle on our potential exposure?

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Photo of Diane Buisman
Jul 05 2018
Q&AHarassment & Discrimination  

Q&A: Informal harassment complaints should be taken seriously

Question: Our harassment policy specifies how employees should report issues to the company. If no one formally reports inappropriate behavior, do we need to do anything about it? Also, can we discipline an employee for not following our reporting procedures?

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Photo of Diane Buisman
May 15 2018
Drug and Alcohol  

Q&A: Address employee’s failure to follow drug testing procedures

Question: When an employee is selected for a random drug test, we instruct them to report directly to the testing facility, which is only about five minutes away. One employee recently took two hours to get there. He passed the drug test, so can we do anything about his delay in getting to the testing facility?

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Photo of Diane Buisman
Mar 27 2018
Q&AWage and Hour  

Q&A: Be careful when considering a settlement for back wages

Question: We recently conducted a self-audit and discovered that we underpaid one employee for wages earned. If we pay her the past wages owed and ask her to sign something releasing us from liability, are we covered?

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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?

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Photo of Diane Buisman
Oct 16 2017
Q&ADisabilityEmployee BenefitsLeave Laws  

Q&A: Offer equal amounts of paid parental leave to men and women

Question: We are a family friendly company and would like to offer 2 weeks of paid leave to new fathers and 6 weeks of paid leave to new mothers. Are we allowed to do this?

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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?

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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…

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