Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Q&A

Photo of Jodi Slavik
Jan 03 2017
Q&ATermination & ResignationWage and Hour  

Can we deduct from a final paycheck for a missing laptop?

Q: We recently had to terminate a remote employee and he has refused to return his laptop. Can we take the cost of the laptop out of his final paycheck?

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Photo of Sean Brown
Dec 27 2016
Q&AWage and Hour  

Q&A: Can employers prohibit supervisory level employees from discussing wages?

Question: We have a supervisor who won’t stop talking about his wages; can we stop him from doing this?

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Photo of Sean Brown
Nov 14 2016
Q&ALabor RelationsSafety and HealthWage and Hour  

Q&A: Are employees’ social media posts on wages and safety protected?

Question: All our employees make more than minimum wage, but we had an employee go on social media and say, “Minimum wage for this work?! How are we supposed to live off that?!” A number of other employees commented on the post and a few complained about a recent safety incident. Can we discipline the employee who lied about his pay? What can we do to address this?  

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Photo of Lorraine Hoffman
Nov 03 2016
Q&ALeave Laws  

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

Question: I handle HR functions for four separate but related family-owned companies. Each company is fairly small, but altogether there are 65 employees. The companies have some overlapping ownership, but they aren’t owned by exactly the same people. Do I have to worry about family leave laws, since each company is well under the employee threshold to trigger coverage?

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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 Jackie Marks
Oct 10 2016
Q&ALeave Laws  

Q&A: Do employees have the right to take time off to vote?

Q: Do we have to allow employees time off, either with or without pay, to go vote?

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Jul 08 2016
Q&AHiring

“Ban the Box”: Can I still ask applicants about criminal backgrounds in Oregon?

Question: Can Oregon employers still ask applicants if they have ever been convicted of a crime?

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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?

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Photo of Kandis Sells
Jun 13 2016
Q&ATermination & Resignation  

Employer’s Response to Unemployment Forms

Q: We had to let an employee go for poor performance but told her we won’t fight her unemployment benefits. Is it best to just check “layoff” on the unemployment form, or just don’t fill it out or send it back?

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Photo of Sean Brown
Jun 02 2016
Q&ALeave Laws  

What happens when an employee is asked by the government to help with a natural disaster?

Q: One of our employees has medical training and has been deployed by the Federal Emergency Management Agency (FEMA) to help assist in a natural disaster out of state. How do we handle this situation?

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