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Showing posts for: Lorraine Amrine

Nov 03 2016
Leave LawsQ&A

Q&A: Do small businesses with some common ownership have to count combined employees for FMLA and other laws?

Answer: Possibly, depending on the particular law. The federal Family and Medical Leave Act (FMLA) uses an “integrated employer” test to determine if related companies should count their employees combined as one employer. Employers are covered under the FMLA if they employ at least 50 employees, so it would apply if all 65 employees need…

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Oct 24 2016
Q&A

Q&A: Think twice before posting political signs at work

Answer: This is an interesting question and the same answer applies regardless of whether the support is regarding a ballot measure or a political candidate. The answer depends on whether the posting of signs and distribution of literature might violate the company’s “no-solicitation” policy.   If posting this information violates your own no-solicitation policy, you…

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Jun 03 2016
Employee BenefitsLeave LawsOregon

Oregon BOLI updates regulations on social media, OFLA, and domestic workers

In response to 2015 changes to employment laws, the Oregon Bureau of Labor and Industries (BOLI) has finalized revised administrative rules regarding employees’ social media accounts, medical insurance during Oregon Family Leave, and domestic workers. Social Media: Employee Use and Privacy This revision clarifies that, not only is it an unlawful employment practice to require…

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Apr 08 2016
DisabilityQ&A

Employees with Fragrance Sensitivity: Addressing Request for a Fragrance-Free Workplace

Answer: Chemical sensitivity and allergic reactions to fragrance can be serious enough to constitute a disability under the Americans with Disabilities Act (ADA), so you may have an obligation to make a reasonable accommodation for the employee. Even if the sensitivity does not constitute a disability, there can be value in making sure employees are…

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Mar 18 2016
Wage and Hour

Employers liable for double damages for exempt status misclassification

A call center employer in Idaho has been ordered to pay misclassified employees not only for their actual unpaid overtime, but also an equal amount as liquidated damages, doubling the company’s liability. The employer had classified its “trainers” as exempt from overtime pay based on the supervisory and management tasks that they thought the employees…

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Feb 08 2016
Drug and AlcoholQ&A

Marijuana in the workplace: Can we prohibit impairment?

A: Currently, unlike with alcohol, there is no reliable way for an employer to detect impairment of an employee using marijuana. As marijuana use becomes more widespread, there is a growing demand for reliable and effective ways to test impairment. A recent Oregon Public Broadcasting news article explains that a University of Washington lab is…

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Jan 13 2016
Harassment & DiscriminationHiring

New guidance for employers conducting internal I-9 audits

In an effort to ensure that employers follow best practices and do not engage in discriminatory practices, the US Justice Department’s Civil Rights Division and the Department of Homeland Security’s US Immigration and Customs Enforcement (ICE) have issued joint guidance for employers who choose to conduct internal audits of their Form I-9s to ensure that…

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Sep 03 2015
Disability

No need to accommodate employee who threatened to kill co-workers

An employee who made serious and credible threats to kill his supervisor and manager was not a “qualified individual” under the Americans with Disabilities Act (ADA) and Oregon’s disability discrimination statute according to the 9th Circuit Court. The employee threatened to “blow off the head” of the supervisor to one coworker, said he planned to…

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Aug 24 2015
Leave LawsTermination & Resignation

Attending church may be medically necessary

In an interesting twist, a welder has alleged that she was unable to work at all on Sundays in order to attend church and related social activities, but rather than requesting a religious accommodation she requested the time off under the federal Family and Medical Leave Act (FMLA) and Oregon Family Leave Act (OFLA) in…

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Jul 13 2015
Harassment & Discrimination

Supervisor’s harassing behavior results in $1.5 million liability

A supervisor’s sexually suggestive comments and acts toward three female employees who all asked him to stop resulted in a jury award of punitive and compensatory damages of $1.5 million. A federal appeals court agreed that the employer should be held liable with no opportunity for a defense, since the supervisor also was involved in…

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Jun 23 2015
Safety and Health

OSHA interpretation letters clarify recording and reporting rules

The Occupational Safety and Health Administration (OSHA) recently issued a number of interpretation letters clarifying the updated recordkeeping and reporting rules that went into effect on January 1, 2015. The letters provide the following guidance: An injury sustained in an accident that occurs while an employee is commuting between home and work in a company…

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May 25 2015
Disability

Transfer to previous role may have been reasonable accommodation for disability

The employee was an “environmental technician” and he had been successful in cleaning surgical rooms for a number of years. When the hospital assigned him to cleaning patient rooms, he struggled to complete the job and asked to be reassigned back to his prior role. The hospital was unwilling to return him. They argued he…

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