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Showing posts for: Diane Buisman

Oct 11 2017
Q&ASafety and HealthTermination & Resignation

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

Answer: If you do, you’d better be absolutely certain of the safety violation and able to point to instances of other employees who were fired for similar violations even though they escaped injury. Otherwise, you risk a claim that you retaliated against the employee because of his on-the-job injury. You should also evaluate how an…

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Oct 09 2017
OregonQ&AVigilant News

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 new pay equity…

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Oct 05 2017
OregonWage 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 $1,000 in penalties for each…

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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 orientation. The federal Equal…

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May 15 2017
Harassment & DiscriminationOregonTermination & Resignation

Employer unlawfully discriminated against unmarried pregnant employee in Oregon

Court Finds University’s Defense Unconvincing The university rationalized that it wasn’t discriminating against the teacher based on her status (unmarried) but on her conduct (engaging in sex outside of marriage). However, the court wasn’t convinced by the employer’s argument and determined that the employee’s marital status wasn’t distinguishable from her conduct as a single woman….

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May 10 2017
Harassment & DiscriminationOregonWage and Hour

Internal complaints count as whistleblowing under Oregon law

Oregon Whistleblower Laws: Internal and External Complaints In Oregon, an employer cannot discriminate or retaliate against an employee who “has in good faith reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation” (Oregon Revised Statute §659A.199). The statute doesn’t specify whether a report must…

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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 behavior was reportedly erratic…

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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 student rights, both of which…

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May 19 2016
Employee BenefitsLeave LawsQ&A

Is an employee out on workers’ comp entitled to health insurance?

A: No, and in fact, you shouldn’t unless he qualifies for leave under the federal Family and Medical Leave Act (FMLA). There are only three reasons an employee should be on your insurance plan: (1) they meet the eligibility requirements to be an active participant under your insurance contract; (2) you’re required to offer coverage…

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Aug 12 2015
Harassment & DiscriminationTermination & Resignation

Porn investigation leads to discrimination lawsuit

Demoting an employee for accessing and viewing pornographic material on his work computer should be an air-tight decision, but a recent court case demonstrates how even a seemingly justified punitive action can lead to a lawsuit. The case stems from a company investigation after one employee complained that an entire department frequently viewed pornography on…

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Apr 13 2015
Leave Laws

DOL clarifies definition of spouse under FMLA

The U.S. Department of Labor (DOL) recently released a final rule that redefines who qualifies as a spouse under the Family and Medical Leave Act (FMLA). The new rule specifically says marriage is defined by state law where the marriage was entered into, including states where common law and same-sex marriages are recognized. Previously, the…

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Mar 27 2015
Disability

Employer loses bid to overturn large jury verdict on ADA claim

When a jury decided to award an employee $1 million on her disability discrimination and failure to accommodate claims, it was decided her employer was to be held accountable for numerous actions. Some of the employer actions that factored into the decision were: • Posting the employee’s position while she was out on leave; •…

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