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Mar 19 2014
Affirmative Action

President signs Executive Order for contractors to pay $10.10 minimum wage

On February 12, 2014, President Obama signed Executive Order 13658, which will require certain federal contractors to pay at least $10.10 per hour beginning January 1, 2015. Federal agencies will incorporate this minimum wage requirement into new federal contracts for construction or services. Affected contractors must then turn around and include the minimum wage requirement…

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Mar 12 2014
Uncategorized

Court rejects FMLA interference claim of employee who mentioned a “kill list”

An employer didn’t violate the federal Family and Medical Leave Act (FMLA) when it fired an employee on FMLA leave who had told a coworker that her husband had a “kill list” with her supervisor’s name on it, ruled a federal district court. The employee worked as a sleep technician in a hospital clinic that…

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Mar 06 2014
Uncategorized

Use caution when dealing with workplace gossiping rules

Employers should tread lightly when prohibiting gossip in the workplace. That’s the latest lesson from a National Labor Relations Board administrative law judge in a ruling against a company’s no-gossip policy (Laurus Technical Institute, NLRB ALJ, Dec. 2013). It’s understandable that employers would want to keep a tight rein on gossip to protect against the…

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Mar 03 2014
Leave LawsOregon

OREGON: Portland publishes clarifications regarding eligibility for Portland sick leave

The City of Portland has revised its FAQs regarding Portland’s Protected Sick Time Ordinance. The update clarifies the city’s position regarding the requirement that an employee work 240 hours in the city of Portland prior to being able to use accrued sick time. The 240 hours must be within the same year, and hours worked…

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Feb 19 2014
Oregon

ALERT: Prepare your business for school closures due to teachers’ strikes

After being closed for three days due to an ongoing teacher's strike, Medford, Oregon schools have reopened with substitute teachers and a shortened four-hour school day. Portland public school teachers authorized a strike that was to start February 20, 2014, although all-night negotiations at the last minute appear to have averted it. If a tentative…

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Feb 13 2014
Workers’ Comp

New leadership development programs kick off March 20th!

Give your team advanced leadership skills, knowledge and expertise through unique group learning program. We are currently offering two program tracks, one focused on supervisors and one focused on leaders with safety responsibilities. After the supervisor program, you can expect: Leaders who will develop team strengths and influence others to achieve Creative problem solvers who…

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Feb 13 2014
Wage and Hour

FMCSA allows leeway on rest breaks for drivers who exceed short-haul exception

If drivers of commercial motor vehicles unexpectedly have to drive further or work longer than the short-haul exception allows, they won’t get in trouble for failing to take a 30-minute rest break on time as long as they take certain steps, said the Federal Motor Carrier Safety Administration (FMCSA) in regulatory guidance. Most property-carrying commercial…

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Feb 11 2014
Immigration

E-Verify improves detection of SSN fraud

The agency will use a combination of algorithms, reports, and analyses to look for instances of valid SSNs that appear to have been stolen or purchased. For example, an employer checking a Social Security card might not notice a problem, as long as the name and number match the Social Security Administration’s database. But if…

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Feb 06 2014
Safety and Health

Even inaccurate safety complaints by truck driver protected

A commercial truck driver who was fired after raising safety concerns and inaccurately reporting a mechanic’s assessment of his truck can take his case to trial, ruled the Seventh Circuit U.S. Court of Appeals. The driver refused to drive a semi-dump truck whose tail pan was caked in asphalt, and complained that another truck’s steering…

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Feb 04 2014
CaliforniaWage and Hour

CALIFORNIA: Written policy crucial in obligation to provide meal and rest periods

Since the California Supreme Court decided in Brinker Restaurant Corp. that employers must “provide,” but need not enforce an uninterrupted meal period, there has been some debate about what an employer needs to do to ensure that it is “providing” a meal period under evolving California law. Now a California court of appeals has ruled…

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Jan 29 2014
Wage and Hour

ALERT: Supreme Court says CBA can exclude payment for putting on protective gear

The U.S. Supreme Court ruled yesterday that an employer and union may agree that workers aren’t entitled to be paid for their time donning and doffing most protective safety gear at the beginning or end of the workday. Normally employers would have to pay for this time, if it is integral and indispensable to employees’…

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Jan 29 2014
Uncategorized

Facebook postings can constitute harassment complaints

But as an employer, you are liable for harassment between coworkers if you knew or should have known of the harassment. And, if a supervisor harasses a subordinate, the employer is automatically liable if any adverse employment action is taken against the subordinate employee. If there’s been no adverse employment action, then the company can…

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