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Showing posts for: Jon Benson

Feb 22 2017
Leave LawsQ&A

Can an ex-employee who joined the military demand their job back?

A: Yes. Generally, former employees who have served in the US military have up to five years after entering the service to return to their former job. The right to reemployment is guaranteed under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), provided the eligibility requirements have been met. On top of that,…

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Feb 16 2017
Hiring

Employer violated FCRA by including waiver in disclosure form for background check

Employers who conduct criminal background or credit checks of job applicants must comply with the FCRA whenever a third-party company is used to gather the information.   The FCRA requires a specific disclosure statement to be provided to an applicant if a third-party background check is being conducted. While the law allows this disclosure statement…

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Jul 14 2016
Disability

Disability accommodation requests require a careful analysis of essential job functions

A recent disability discrimination ruling highlights the importance of not jumping to conclusions in evaluating essential job functions. A pharmaceutical sales representative gradually lost most of her eyesight, and could no longer drive a car. She had no set office and her job involved traveling and meeting with doctors and other medical providers. The employee…

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Feb 23 2016
Harassment & Discrimination

Male-on-male grabbing is sexual harassment, not horseplay

Multiple incidents of sexual harassment by one male employee toward another in the workplace led to a $300,000 verdict against their employer. First, the male plaintiff in the case saw the perpetrator come up behind a male coworker and grab his rear end. Then the perpetrator turned his attention to the plaintiff, slapping him on…

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Nov 02 2015
Q&AWage and Hour

When to pay travel time for non-exempt employees?

A: Under federal wage and hour law, if you are sending a non-exempt employee out of town and the employee will be away overnight, then you’ll have to pay for time spent in transit (whether in a plane, car, etc.) to the extent that this time corresponds with the employee’s regular hours of work. This…

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Aug 06 2015
Labor RelationsTermination & Resignation

Employee fired for “gossiping” about potential firing wins case against employer

Termination of an employee for telling coworkers about a job posting she believed was for an existing job with their Oregon employer was illegal, ruled the National Labor Relations Board. The advertisement did not list the employer, but from the description the employee believed it was her employer, a nonunion company. A coworker who heard…

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Jul 29 2015
Employee BenefitsQ&ATermination & Resignation

Can an employee who voluntarily quit still get unemployment benefits?

Possibly, depending on the circumstances. Generally, an employee who voluntarily quits without good cause is disqualified from receiving unemployment benefits. However, there are a few exceptions. For example, an employee who quits because he is subjected to harassment or a hostile work environment can still qualify for benefits. This is sometimes referred to as “constructive…

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Jul 20 2015
DisabilityTermination & Resignation

Disability discrimination found when employer avoids interactive process

The employee provided the company with a note from her doctor which described her work-related restrictions. Under the Americans with Disabilities Act (ADA), this triggered the employer’s duty to engage in the “interactive process” with the employee to explore whether a reasonable accommodation might allow her to perform the essential duties of her job. At…

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May 11 2015
HiringQ&A

Designate representative to review remote employee’s I-9 documents

Answer: Delegate the task. Remember that employees must complete section 1 of the I-9 form by their first day of work, while employers must complete section 2 of the form and verify a new employee’s documents within three business days of starting employment. The United States Citizenship and Immigration Services (USCIS) states an employer’s responsibility…

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Jan 27 2015
Labor RelationsQ&A

Can we require employees to keep quiet about their wages?

A: No. It’s understandable that employers may not want folks discussing wages and salaries around the water cooler, but the National Labor Relations Act (NLRA) makes it illegal to prohibit non-management employees from sharing this information. Under the NLRA, non-management employees have the right to discuss their wages, hours and working conditions with each other….

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Sep 24 2014
Leave LawsQ&A

What does reemployment of a veteran really mean?

A: Yes. The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) generally gives returning servicemembers the right to reemployment for up to five years after entering the military, provided they meet the eligibility requirements. When leaving to join the military, the employee doesn’t need to tell you whether they intend to return to work…

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Sep 16 2014
CaliforniaLeave Laws

CALIFORNIA: California adopts mandatory paid sick leave

On September 10, Governor Brown signed into law the “Healthy Workplaces, Healthy Families Act of 2014,” (AB 1522) granting paid sick leave to virtually all employees in the state. The new law will take effect on July 1, 2015. The law provides that every person working at least 30 days in a year qualifies for…

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