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Jan 24 2017
Employee BenefitsQ&A

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

Probably not. You only need to consider appealing a Marketplace employer notice if the information contained in the notice is inaccurate. Under the Affordable Care Act (ACA), an applicable large employer (an employer who employees at least 50 full-time equivalent employees), is required to offer affordable, minimum value health insurance coverage to full-time employees (employees…

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Jan 09 2017
Leave LawsOregonQ&A

Oregon Sick Leave law: Are we required to provide more time off?

A: The Oregon Sick Leave law requires that qualifying employers allow employees to apply up to 40 hours of paid time for sick leave purposes each year. If employees use all of their paid time for vacation, they may not have any time left for sick leave. The Oregon law does not require employers to…

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Jan 03 2017
Q&ATermination & ResignationWage and Hour

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

A: If you are in the State of Washington, there is a narrow window that would allow you to withhold the cost of the laptop from his final paycheck, but the penalties are high if you get it wrong. You can deduct from final pay for breakage or loss of equipment if it was caused…

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Dec 27 2016
Q&AWage and Hour

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

Answer: Yes, you can prohibit a supervisor from discussing wages, but only under certain conditions. First, the individual’s duties must be considered supervisory under the National Labor Relations Act (NLRA). Second, the discussion cannot involve allegations of wage discrimination under Title VII of the Civil Rights Act or some other law. How is a Supervisor Defined?…

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Nov 14 2016
Labor RelationsQ&ASafety and Health

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

Answer: No, you shouldn’t discipline the employee who made the minimum wage comment, but you should definitely take steps to address all of the comments. The National Labor Relations Act (NLRA) protects non-management employees’ right to discuss or complain about their wages, hours, and working conditions. This protection has been consistently interpreted to also protect…

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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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Oct 10 2016
Leave LawsQ&A

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

A: There is no federal law that requires employers to grant leave, either paid or unpaid, to allow employees time off to vote. However, many states do have laws providing employees the ability to take protected time off for voting. For example, California allows employees up to two hours paid leave to go vote if…

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Jul 08 2016
HiringQ&A

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

Answer: It depends on a lot of different factors, and may vary depending on the city and the circumstances. In the spirit of fair hiring policies, many cities and states across the nation are adopting “ban the box” laws, requiring employers to consider an applicant’s candidacy and qualifications before digging into their criminal background—essentially, removing…

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Jun 14 2016
Employee BenefitsQ&AWage and Hour

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

Answer: Yes. The money you are providing to the employees for opting out of medical benefits is considered cash in lieu of benefits and should be included in the regular rate calculation for overtime pay. Money must be included in the employee’s regular rate of pay if it is generally understood as compensation for work,…

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Jun 13 2016
Q&ATermination & Resignation

Employer’s Response to Unemployment Forms

A: Neither. The federal Unemployment Insurance Integrity Act (2011) requires employers to respond timely and adequately to a state’s request for information to determine eligibility for unemployment benefits. Each state also has a corresponding law that penalizes employers who fail to provide accurate, timely information on unemployment forms. In some states it’s a misdemeanor offense…

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Jun 02 2016
Leave LawsQ&A

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

A: The employee’s time out of the office is protected under federal law, and most likely, under state law as well. The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) grants leave to certain employees with medical expertise when they are dispatched by the federal government to deal with natural disasters. Through the National…

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