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May 19 2016
Employee BenefitsLeave LawsQ&A

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

A: No, and in fact, you shouldn’t unless he qualifies for leave under the federal Family and Medical Leave Act (FMLA). There are only three reasons an employee should be on your insurance plan: (1) they meet the eligibility requirements to be an active participant under your insurance contract; (2) you’re required to offer coverage…

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May 19 2016
Leave LawsQ&A

What employee threshold triggers the FMLA?

A: Probably not, but it depends. An employer is considered “covered” under the FMLA if it has 50 or more employees on its payroll for 20 or more calendar workweeks (which do not need to be consecutive) in either the current or preceding calendar year. Both full-time and part-time workers are included in the total…

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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 29 2016
Privacy & ConfidentialityQ&A

Are employers required to have gender neutral bathrooms?

Answer: No, you are not required to have gender neutral bathrooms, but it is a very good idea to have them if at all possible. First, you may have a transgender employee—one who identifies with the opposite gender—even if he or she hasn’t told you yet. You also don’t know whether visiting family or clients…

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Mar 11 2016
Harassment & DiscriminationQ&A

Using prior salary to set new hire salary raises EEO concerns

Answer: Yes, such a practice may perpetuate existing discrimination in wages. The U.S. Department of Labor has made pay equity one of its top enforcement priorities. Under the slogan, “Equal Pay for Equal Work,” the agency has established a pay equity web page highlighting statistics that women earn 78 cents on the dollar compared to…

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Mar 08 2016
Q&AWage and Hour

Requiring reimbursement of training costs can be tricky

Answer: Maybe, but use caution. First, we advise that you check your state laws on payroll deductions. Most states don’t allow payroll deductions under these circumstances, so it’s unlikely you’ll be able to recoup your costs by deducting money from a departing employee’s final paycheck. See our Legal Guide, “Payroll Deductions,” for information on this…

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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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Feb 02 2016
Leave LawsQ&A

What is the FMLA’s rule about 50 employees within 75 miles?

A: Unfortunately, no. Your employee is eligible to take leave under the FMLA, assuming he meets the other eligibility requirements (he has worked for you for 12 months and 1,250 hours in the last year). The FMLA allows an employee to take leave if he or she works at a site where 50 or more…

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Jan 19 2016
Leave LawsQ&AWorkers’ Comp

Does the FMLA apply to on-the-job injuries?

A: Yes, if all elements of the FMLA are met. A work-related injury, just like any other physical condition that necessitates time off, could be an FMLA-qualifying event. If your organization is covered by the FMLA, meaning that you have employed 50 or more employees for 20 or more workweeks in the current or preceding…

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Jan 11 2016
Q&AWage and Hour

Off-duty review of email may trigger overtime

A: Generally yes. If you expect an employee to monitor and respond to email as part of their job, that activity would generally be considered integral to their work and therefore compensable. The only exception would be whether the time could be considered “de minimis,” meaning that the time is too insignificant and difficult to…

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Jan 06 2016
DisabilityDrug and AlcoholQ&A

Do we have to hire an applicant who disclosed she is a recovering alcoholic?

A: If the reason you are choosing not to hire the applicant is purely because she is a recovering alcoholic, then that is a violation of the Americans with Disabilities Act (ADA) and the applicant could bring a discrimination claim. However, if you’re choosing not to hire her because she is either not qualified to…

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Dec 16 2015
Leave LawsOregonQ&A

Does the Oregon Sick Leave law require us to provide more time off?

A: Possibly. You can use an existing paid leave policy (e.g. vacation or paid time off) to comply with the new law, as long as it meets all of the law’s requirements. However, most employers find they need to change a few things. For example, the law allows employees to take leave in increments as…

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