The U.S. Department of Labor (DOL) recently addressed two important issues under the federal Family and Medical Leave Act (FMLA), approving indefinite intermittent leave due to a serious health condition and clarifying the work location of remote workers for FMLA purposes. Indefinite intermittent leave: The DOL issued an opinion letter stating…
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Employers in Oregon and Washington who use noncompetition agreements must review enforceability requirements and increased minimum salary thresholds annually in order to ensure that their contracts remain legally enforceable at the time of separation from employment. Oregon: For valid noncompete agreements signed on or after January 1, 2022, the minimum gross…
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The U.S. Ninth Circuit Court of Appeals recently ruled that hourly call center employees were entitled to be paid for time spent booting up their computers at the beginning of their shifts. The employees worked in person at a call center for an appliance recycling company. Their principal duties were…
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Question: We have a dress code policy that requires production employees to wear either a plain t-shirt, or a t-shirt with the company logo. One of our employees came to work this morning wearing a t-shirt with the union logo. Can I require them to change? Answer: Probably not. The company…
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Question: This morning an employee contacted his supervisor through Facebook to report that he can’t come to work for at least a week because he needs surgery. Our Family and Medical Leave Act (FMLA) policy clearly states that employees must follow the call-in policy and complete a leave request form. Can we…
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Question: One of our employees requested a disability accommodation under the Americans with Disabilities Act (ADA). He suffers from anxiety and depression and his doctor recommended that he not have any interactions with a certain “hostile” coworker. Do we have to do this? Answer: Probably not, because courts generally don’t consider a request to avoid…
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Question: Our company is struggling to find workers and keep operations running efficiently. All employment offers are conditioned on passing a preemployment drug screen and background check. We’ve been allowing new hires to start working before we receive the results from our third-party vendors. We just learned that an employee who has…
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Question: One our employees called in sick, saying he had COVID-19 (coronavirus) symptoms. We approved the sick day. His coworker showed us a video of the “sick” employee on a road trip. He lied to us! Can we fire him? Answer: Be careful when questions arise about the legitimacy of an employee’s request for time…
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On January 26, 2022, OSHA officially withdrew its COVID-19 (coronavirus) emergency temporary standard (ETS) for employers with 100 or more employees. As we previously reported, the Supreme Court had stayed enforcement of the ETS to allow lawsuits challenging it to proceed to a full hearing with the Sixth Circuit Court…
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The U.S. Supreme Court will hear oral arguments over the OSHA COVID-19 (coronavirus) Vaccination and Testing Emergency Temporary Standard (ETS) for employers with 100 or more employees on January 7, 2022. The ETS requires covered employers to ensure that workers who aren’t fully vaccinated are tested at least weekly for COVID-19. We…
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