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Showing posts for: Wage and Hour

Nov 03 2022
Leave LawsOregonQ&A

Q&A: Assess how to report PFML wages for multistate employees

Question: Our company is located in Oregon, and we have an employee who works in person two days a week at our facility in Portland. The employee teleworks the rest of the week from their residence in Vancouver, Washington. Should we report their wages to the paid family and medical leave (PFML) program in Oregon…

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Oct 20 2022
OregonTermination & ResignationWage and Hour

OREGON: Owners and managers can be personally liable

The Oregon Court of Appeals recently ruled that a person making decisions on behalf of a business entity employer can be held personally liable for aiding, abetting, or inciting a violation of Oregon’s discrimination statutes. Two restaurant servers filed a class-action lawsuit alleging that their employer’s tip-pooling arrangement violated Oregon law. The employees alleged that…

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Oct 06 2022
Wage and HourWashington

WASHINGTON: Minimum wage and exempt salary increase in 2023

The state of Washington has announced increases, effective January 1, 2023, in the minimum wage rate ad exempt salary thresholds for employees. If you are an employer in Washington or have Washington employees, you’ll want to be aware of how this wage increases impact state wage requirements. Additionally, Seattle and SeaTac are receiving an increase…

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Sep 01 2022
Affirmative ActionHarassment & DiscriminationWage and Hour

OFCCP revises its directive on compensation analysis

On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) updated the pay equity directive it had published just five months earlier (which we reported here). OFCCP compliance officers will now follow Directive 2022-01 Revision 1 (Advancing Pay Equity Through Compensation Analysis) when conducting affirmative action audits of federal supply and service contractors…

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Aug 18 2022
Employee ClassificationsQ&AWage and Hour

Q&A: Can we convert an employee into an independent contractor?

Question: Our employee is retiring soon, but we’d like her to finish a few projects after she retires. We don’t want to provide benefits, so we’d like to have her sign a contract saying she’s working as an independent contractor. Are we okay doing this? Answer: It’s unlikely that you’d be able to justify classifying…

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Aug 04 2022
Wage and Hour

Q&A: Don’t share wage data with competitors

Question: Our maintenance people keep getting picked off by other local companies. I can’t decide whether to write them a nastygram to stop poaching our employees, or try to find out what they’re paying so we can set our wages higher. Any thoughts? Answer: As frustrating as this is, both of those approaches could result…

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Jul 21 2022
Wage and Hour

Q&A: Reimbursing employee expenses can be necessary

Question: Do we have to reimburse employees for expenses, and if so, which ones? Answer: Yes, there are times when employees must be reimbursed for expenses, but it depends on the expense you’re talking about and whether you’re dealing with less generous federal law or more generous state or local law. Under federal law, employers…

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Jul 07 2022
CaliforniaDrug and AlcoholHiring

CALIFORNIA: No pay due for applicants’ time to take drug tests

The U.S. Ninth Circuit Court of Appeals recently ruled that California employers aren’t required to compensate applicants for time and travel expenses required to undergo mandatory preemployment drug tests. A grocery store with locations in California offered jobs to applicants contingent on a successful background check and drug test. The company paid the drug testing…

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Jul 07 2022
Affirmative ActionHarassment & DiscriminationTermination & Resignation

OFCCP posts more affirmative action settlements

The Office of Federal Contract Compliance Programs (OFCCP) recently posted another significant financial settlement with a federal contractor, arising out of a routine affirmative action audit. Without admitting liability, Becton, Dickinson and Company agreed to pay $499,349 in back pay and interest to resolve allegations that it discriminated against 125 female applicants at three locations in Nebraska. The…

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May 05 2022
Affirmative ActionHiringWage and Hour

Federal contractors settle group hiring and pay claims with OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) recently secured three significant settlements from employers with federal contracts. The companies didn’t admit liability, but signed conciliation agreements after routine affirmative action audits uncovered disparities in hiring and compensation. IQVIA Inc. agreed to pay $550,000 in back wages and interest to resolve allegations that it discriminated…

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Apr 07 2022
Employee BenefitsHiringWage and Hour

WASHINGTON: Employers must disclose pay info in all job postings

On March 30, 2022, Washington Governor Jay Inslee signed Substitute Senate Bill 5761, which requires employers with 15 or more employees to include the wage scale or salary range in each job posting, along with a general description of all benefits and other compensation for the job, effective January 1, 2023. The bill modifies Washington’s…

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Apr 07 2022
Wage and HourWashington

WASHINGTON: Stay alert for laws that protect employee wages

There are two laws—one passed this year and one last—that protect employees in Washington from not getting paid or for fees related to bounced checks. The first, RCW Chapter 60.90, became effective January 1, 2022. It allows most employees to place a lien on their employer’s property to secure unpaid wages, as well as interest,…

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