Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts by Lorraine Hoffman

Photo of Lorraine Hoffman
Oct 24 2016
Q&A  

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

Question: Our company feels strongly about a measure on this year’s ballot. Can we distribute literature and post campaign posters on the issue?

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Photo of Lorraine Hoffman
Jun 03 2016
Employee BenefitsLeave Laws  

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…

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Photo of Lorraine Hoffman
Apr 08 2016
Q&ADisability  

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

Question: We have an employee who has indicated that he is allergic to all fragrances and has requested that we prohibit anyone from wearing perfume or cologne in the workplace, banning the use of any scented products. Do we really have to tell our employees what kind of laundry detergent they can and cannot use and that they can’t wear perfume or cologne to work?

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Photo of Lorraine Hoffman
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…

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Photo of Lorraine Hoffman
Feb 08 2016
Q&ADrug and Alcohol  

Marijuana in the workplace: Can we prohibit impairment?

Q: We know marijuana can stay in a person’s system for a long time, and are most concerned about preventing employees from coming to work impaired by marijuana. Can we change our Drug and Alcohol policy to prohibit “impairment” at work rather than “any detectable level”?

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Photo of Lorraine Hoffman
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 the audits are conducted properly and do not discriminate against employees.

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Photo of Lorraine Hoffman
Dec 11 2015
Q&ALeave Laws  

Do we have to pay our exempt employees while they are on a one or two day military leave?

Q: We have an exempt employee who is in the National Guard. He requested a single day off for duty. Since he’s a salaried employee and he’s working during that pay period do we have to pay him his full salary?

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Photo of Lorraine Hoffman
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.

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Photo of Lorraine Hoffman
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.

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