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Showing posts for: Jon Benson

Apr 23 2020
COVID-19Oregon

OREGON: Unemployment “waiting week” may be paid retroactively

Although the Oregon Employment Department believes it isn’t feasible to update its computer systems to waive the normal one-week waiting period to obtain unemployment benefits during the COVID-19 (coronavirus) pandemic, Oregon Governor Kate Brown says she’ll work with the department to make it happen. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) provided federal…

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Apr 16 2020
COVID-19OregonSafety and Health

OREGON: COVID-19 workplace safety spot checks are coming

Oregon OSHA recently announced it will begin spot-checking businesses for compliance with social distancing and other safety measures related to COVID-19 (coronavirus). This is in addition to the more thorough on-site inspections initiated by the agency. The on-site inspections will be driven by complaints from employees, who, as we previously reported, are being encouraged by…

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Apr 09 2020
COVID-19Harassment & DiscriminationLeave Laws

Q&A: Be careful about treating “high risk” employees differently

Question: Can we exclude employees from the workplace if they’re at high risk for severe illness from COVID-19, such as older workers or workers with underlying medical conditions? Answer: In general, no. If your reason for keeping employees away from work is based solely on their membership in a high-risk group based on their age…

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Apr 03 2020
COVID-19

Check WARN Act requirements even for short-term layoffs

In light of the COVID-19 (coronavirus) pandemic, many companies are making difficult decisions about layoffs in the face of an uncertain future. Short-term layoffs don’t trigger the 60-day notice requirement under the federal Worker Adjustment and Retraining Notification Act (WARN Act), but if a layoff extends past six months, it could spell trouble. By “layoff,”…

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Mar 27 2020
COVID-19Leave Laws

Small employers now need to learn about FMLA administration

The Families First Coronavirus Response Act (FFCRA), which goes into effect April 1, 2020, expands the definitions of eligible employee and covered employer under the federal Family and Medical Leave Act (FMLA) in a way that will affect employers who previously were too small to be covered by the FMLA. Prior to the expansion, an…

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Jan 28 2020
HiringImmigration

Q&A: Don’t ask for more documents than I-9 requires

Question: Can our company demand specific documents we want a new hire to produce in order to verify identity and employment eligibility? Answer: No. Demanding that new hires show you specific employment verification documents can expose your company to liability for “documentation abuse.” It’s considered documentation abuse under the federal Immigration Reform and Control Act…

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Dec 10 2019
Q&A

Q&A: Winter is coming! Review your inclement weather policy

Question: During bad weather there are times when some employees can’t make it in to work or when we close the business entirely for the day. Under what circumstances are we required to pay employees? Answer: It depends on the circumstances. The rules are different for salaried exempt employees compared to non-exempt (overtime-eligible) employees. Exempt…

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Feb 13 2019
Q&AWage and Hour

Q&A: Watch out for pattern of identical time card entries

Answer: Maybe. It makes sense, especially when trying to control your labor budget, to require approval of overtime work. However, under the federal Fair Labor Standards Act (FLSA), employers must pay an employee for any overtime worked, even when it wasn’t approved beforehand. Sometimes employees are reluctant to report any overtime worked, especially when the…

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Dec 17 2018
Employee BenefitsHarassment & DiscriminationLabor Relations

Q&A: No-fault attendance policies must allow many exceptions

Answer: If you’re unsure, then you may need to get clarification from the employee before assigning attendance points to an absence. Some absences are clearly unprotected, such as late arrival due to car trouble or a speeding ticket. Use caution if the employee raises a family or medical reason for an absence, though. Your Vigilant…

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May 25 2018
Harassment & Discrimination

Sexual harassment retaliation victim gets big verdict against her employer

A female police sergeant was awarded $350,000 in a retaliation claim when her employer transferred her 180 miles away after she complained of sexual harassment. The sergeant, who had worked for the police since 1987, had complained of unwanted sexual advances and a sexual assault by a co-worker. The investigation by the employer deemed the…

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Jan 18 2018
Leave Laws

Supervisors can be held individually liable for FMLA violations

A federal district court in California recently ruled that supervisors can be sued individually for violations of the federal Family and Medical Leave Act (FMLA). The ruling means that supervisors could be independently responsible for damages, separate and apart from the employer’s liability. In reaching this decision, the court focused on the specific language in…

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Dec 05 2017
Drug and AlcoholSafety and Health

Think twice when conducting post-accident drug testing on employees

Our Answer: It could be risky if you don’t first assess whether the employee’s actions could have been a contributing factor in the accident. Regulations from the federal Occupational Safety and Health Administration (OSHA) say that a blanket or automatic rule which requires testing after every accident or injury will improperly discourage employees from reporting…

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