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Showing posts for: Jon Benson

Feb 24 2026
Harassment & DiscriminationHiringTermination & Resignation

Where Personal Beliefs Meet Legal Liability

A recent federal court decision highlights the risk for an employer when supervisors allow their personal beliefs or judgments to creep into their employment decisions. In the case, a female applicant interviewed for a position but disclosed their transition to a man shortly after being hired. The employee informed human resources about his new name…

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Sep 11 2025
DisabilityLeave LawsTermination & Resignation

Avoid rigid enforcement of unforeseeable intermittent FMLA leave

The U.S. Sixth Circuit Court of Appeals recently ruled that an employer was overly strict in limiting unforeseeable intermittent leave under the federal Family and Medical Leave Act (FMLA) to the estimated frequency listed in an employee’s medical certification. A mail clerk had sickle cell anemia, which caused symptoms that varied in severity depending on…

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Dec 20 2024
Safety and HealthTermination & ResignationWage and Hour

Employee complaint to customer is protected confirms Fifth Circuit

The U.S. Fifth Circuit Court of Appeals recently confirmed that an employee’s complaints to an important customer about wages and working conditions for herself and her coworkers were protected under the National Labor Relations Act (NLRA). After she was fired, the National Labor Relations Board ruled that her comments to the customer both on LinkedIn…

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Dec 22 2023
Termination & ResignationWage and Hour

Employer’s enforcement of “no photography” rule violated the NLRA

The National Labor Relations Board (NLRB) recently ruled against an employer that attempted to enforce its rule against photography in the workplace. A labor contract between an oil refinery employer and union had a “Photograph, Camera & Video Policy,” which restricted use of photography and cameras. The policy stated the basis of the rule was…

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May 19 2022
DisabilityLeave Laws

ADA claims don’t require long-term limitations

The U.S. Ninth Circuit Court of Appeals recently ruled that the federal Americans with Disabilities Act (ADA) doesn’t require an employee to have long-term medical issues in order to establish a disability. The employee in this case was a newly hired HR generalist who was approved for an eight-week leave of absence following a bone…

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Jan 06 2022
COVID-19OregonSafety and Health

OREGON: COVID-19 workplace rules modified and loosened

On December 21, 2021, Oregon OSHA adopted minor changes to the COVID-19 (coronavirus) rules for all indoor workplaces as well as for employer-provided labor housing. They took effect immediately. Changes to the rules for all Oregon workplaces include the following: Physical distancing requirements have been eliminated, except in health care and transit settings.   Employers…

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Dec 02 2021
COVID-19

OSHA vaccine mandate for employers with 100+ workers still on hold

Employers with 100 or more employees remain in limbo while awaiting a federal appeals court decision on the fate of OSHA’s regulation requiring workers to either be vaccinated against COVID-19 (coronavirus) or tested weekly. As we previously reported, the U.S. Fifth Circuit Court of Appeals put a hold on OSHA’s COVID-19 Emergency Temporary Standard (ETS)…

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Sep 08 2020
COVID-19Leave Laws

The FFCRA and kids’ return to school: What you need to know

Just in time for fall school schedules, the U.S. Department of Labor (DOL) recently added three new FAQs on whether employees are entitled to take paid leave under the federal Families First Coronavirus Response Act (FFCRA) as schools reopen for in-person or virtual instruction. These new FFCRA FAQs (#98-#100) clarify that if the school is…

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Aug 06 2020
Labor RelationsQ&A

Q&A: Untangle abusive employee conduct and protected activity

Question: One of our employees posted an abusive and profane message about their supervisor on social media, complaining to coworkers about pay and working conditions. Can we discipline this employee? Answer: Maybe, if you would discipline other employees for using such language at work. The National Labor Relations Act (NLRA) protects employees who band together…

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Jun 18 2020
COVID-19Safety and Health

EEOC updates COVID-19 guidance

EEOC updates COVID-19 guidance The U.S. Equal Employment Opportunity Commission (EEOC) recently updated its technical assistance guidance regarding COVID-19 (coronavirus).These new FAQs clarify and update the agency’s guidance on several COVID-19-related issues. No protection for shielding high-risk family members: The guidance clarifies that there’s no protection under the Americans with Disabilities Act (ADA) for an…

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Jun 04 2020
COVID-19CaliforniaIdaho

CDC issues guidance on reopening office workspaces

The U.S. Centers for Disease Control and Prevention (CDC) recently published detailed guidance for employers on reopening office buildings. The COVID-19 Employer Information for Office Buildings webpage includes specific steps and tips for employers planning to reopen office buildings. The CDC guidance is organized into the following six categories: Create a COVID-19 (coronavirus) workplace health…

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May 07 2020
COVID-19Safety and Health

CDC issues guidance on cleaning businesses and public spaces

The U.S. Centers for Disease Control and Prevention (CDC) recently issued detailed instructions on cleaning and disinfecting public spaces, workplaces, businesses, schools, and homes to help keep them free of COVID-19 (coronavirus). Much of the focus revolves around developing and implementing plans to maintain spaces in a clean and hygienic state as reopening continues. As…

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