Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts by Diane Buisman

Photo of Diane Buisman
Sep 24 2014
DisabilityDrug and Alcohol  

Drug testing for prescription medication is questionable under ADA

Random drug testing for prescription medication pushes the limits of what is permissible under the federal Americans with Disabilities Act (ADA), but may not necessarily violate the law, according to a recent case from the Sixth Circuit U.S. Court of Appeals.

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Jan 06 2014
Q&AWage and Hour  

Do I need to pay employees for their time spent studying?

Q: Are we required to pay employees for study time, if they’re required to pass a certification test as part of their job?

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Photo of Diane Buisman
Oct 24 2013
Q&AHiringImmigration  

Should we use E-Verify during our hiring process?

Q: We’re unsure about our ability to review and authenticate documentation presented during the I-9 process. Should we start using E-Verify to make us feel more secure?

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Oct 15 2013
Wage and Hour  

CALIFORNIA: Huge punitive damage award upheld in retaliation case

Speaking up about concerns in the workplace, and being fired as a result, resulted in a huge jury verdict against a California employer.

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Photo of Diane Buisman
Sep 24 2013
 

Reemployment rights after military service may be broader than you think

A returning military servicemember has the right to be reemployed in the position they would have held if not for their military obligations, pursuant to the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), but those rights can become ambiguous when the company eliminates the employee’s position while he/she is gone.

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Photo of Diane Buisman
Sep 09 2013
Q&AWage and Hour  

Can employees waive their wage and hour rights?

Q: Our employees would like to work on Saturdays, to get a jump start on production and make extra money, but we can’t afford to pay them overtime. If they want to work at their straight time rate for hours over 40 in the week, can we let them?

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Aug 13 2013
Q&AImmigration  

How to respond when an employee doesn’t pass E-Verify

Q: We use E-Verify to confirm work authorization for employees, and recently received a final nonconfirmation notice for a new hire. Should we terminate him?

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Photo of Diane Buisman
Jul 18 2013
Leave Laws  

OREGON: Leave for domestic violence, sexual assault and stalking expanded

All employees will be eligible to take leave for domestic violence, sexual assault or stalking, if they work for an employer with at least six employees, pursuant to HB 2903, which was recently signed by the governor and goes into effect on January 1, 2014.

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Photo of Diane Buisman
Jul 09 2013
Leave Laws  

OREGON: Bereavement leave will be protected under OFLA

The categories of protected leave under the Oregon Family Leave Act (OFLA) will be expanded to include bereavement leave as of January 1, 2014, pursuant to HB 2950, which was recently signed by Governor Kitzhaber.

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