Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Employee Benefits

Photo of Kandis Sells
Jan 08 2018
Employee BenefitsLeave Laws  

Employee on military leave qualified for higher bonus upon return

A pilot who would have qualified for a higher pay grade had he not been on military leave should have received a bonus upon his return at the rate for the higher pay grade, ruled the U.S. Ninth Circuit Court of Appeals. The pilot (a union member) was selected by his…

Read More…
Photo of Rebecca LaPoint
Oct 16 2017
Q&ADisabilityEmployee BenefitsLeave Laws  

Q&A: Offer equal amounts of paid parental leave to men and women

Question: We are a family friendly company and would like to offer 2 weeks of paid leave to new fathers and 6 weeks of paid leave to new mothers. Are we allowed to do this?

Read More…
Photo of Lorraine Hoffman
Feb 23 2017
Employee BenefitsLeave Laws  

Paid sick leave under fire in Oregon

Nine Oregon counties have successfully sued the state, claiming that the Oregon sick leave requirements, which took effect on January 1, 2016, create an unfunded mandate and therefore violate the state constitution. This means that unless the state appeals the decision, the counties who brought the lawsuit don’t have to provide paid…

Read More…
Photo of Jackie Marks
Jan 24 2017
Q&AEmployee Benefits  

Should we appeal a Marketplace employer notice issued under the ACA?

We received a Marketplace notice in the mail, stating that one of our employees has enrolled in medical insurance coverage from the Marketplace and reported she was not offered health coverage from us. We admit that she wasn’t offered insurance, but only because she works 25 hours per week. Do we need to appeal the employer notice?

Read More…
Photo of Karen Davis
Nov 10 2016
Drug and AlcoholEmployee BenefitsLabor RelationsLeave LawsSafety and HealthWage and Hour  

Alert: 2016 ballot measures and election results will impact the workplace

With the November 8, 2016, election in our rear-view mirror, we’re reporting on three significant developments that will affect the workplace: California’s ballot measure on recreational marijuana, Washington’s ballot measure on paid sick leave and minimum wage, and the presidential election’s impact on recent federal employment law developments.

Read More…
Photo of Jackie Marks
Jun 14 2016
Q&AEmployee BenefitsWage and Hour  

Cash in lieu of benefits must be included in regular rate calculation for overtime

Question: We offer health benefits to our employees. We also allow employees to “opt out” of our offered coverage if they can provide evidence that they have alternate coverage elsewhere. For those employees who “opt out” of our offered coverage, we provide a set amount of money each month. Do we have to include that amount of money in the regular rate of pay and in the calculation of the overtime rate?

Read More…
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…

Read More…
Photo of Diane Buisman
May 19 2016
Q&AEmployee BenefitsLeave LawsWorkers’ Comp  

Is an employee out on workers’ comp entitled to health insurance?

Q: Our employee was injured at work and he’s out on a workers’ compensation claim. Are we required to carry him on our health insurance plan since this was an on-the-job injury?

Read More…
Photo of Jon Benson
Jul 29 2015
Q&AEmployee BenefitsTermination & Resignation  

Can an employee who voluntarily quit still get unemployment benefits?

We just received a notice from the Employment Department letting us know that one of our former employees has filed for unemployment benefits. This employee voluntarily quit a few weeks ago; can he now qualify for unemployment?

Read More…
Apr 02 2015
Employee BenefitsHealth Care Reform

How paying COBRA for departing employees may cause more harm than good

Did you know that paying COBRA health insurance premiums for separated employees may disqualify them from enrolling in private health insurance through the Federal health insurance Marketplace (Marketplace) or a state’s health Exchange (Exchange)?

Read More…