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News, trends and analysis in employment law, HR, safety & workers' comp

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Aug 29 2013
Leave Laws

Religious accommodation request unclear? Ask for clarification

If an employee asked you for unpaid leave to travel abroad for his father’s funeral and to participate in the burial rites, would you understand that to be a request for a religious accommodation? One employer didn’t and is being sued by the employee for its failure to accommodate his sincerely held religious beliefs and…

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Aug 22 2013
Wage and Hour

Overtime exemption for truck driver depends on vehicle weight rating, not load weight

Driving a truck with a light load weighing 10,000 pounds or less doesn’t necessarily entitle the driver to overtime, ruled a federal court of appeals. What matters is how heavy a load the vehicle is rated to carry.  If the truck has a gross vehicle weight rating (GVWR) of at least 10,001 pounds, then the…

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Aug 20 2013
DisabilityQ&A

Is working from home a reasonable accommodation?

A: If an employee has a disability, you may have to make an accommodation that will allow the employee to complete the essential functions of his or her job. Working from home could be considered, but only if the employee can actually do the job successfully from home, and even then it might not be…

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Aug 13 2013
ImmigrationQ&A

How to respond when an employee doesn’t pass E-Verify

A: Yes. The E-Verify system offers a fairly rigid structure for determining whether an individual is authorized to work in the United States, which can sometimes be a downside. The upside: once you run through the established procedures, you can have confidence in a termination. In fact, continuing to employ an individual after you’ve received…

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Aug 13 2013
California

CALIFORNIA: Teasing over “girly” clothes may be illegal harassment

In case you needed a reminder to take all complaints of harassment seriously, take note. A California state agency was recently sued by an employee who claimed to have been harassed by coworkers for his manner of dress. The coworkers allegedly teased the employee that his clothing was “girly” because he wore shirts in pink,…

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Jul 30 2013
Wage and Hour

Rest break rules for interstate CMV drivers went into effect July 1, 2013

The July 1, 2013, deadline has passed for commercial motor vehicle (CMV) drivers who drive in interstate commerce to begin taking mandatory rest breaks of at least 30 minutes after 8 hours of duty, if they want to drive later in the shift. The drivers must be completely off duty during this rest time, with…

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Jul 23 2013
Employee Benefits

Final wellness program rules issued

The Departments of Health and Human Services (HHS), the Treasury (IRS) and Labor (DOL) have jointly issued final rules governing employee incentives offered under a group health plan’s nondiscriminatory wellness program. The rules, which apply to plan years beginning on or after January 1, 2014, divide employee wellness programs into two types: “participatory” wellness programs…

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Jul 23 2013
DisabilityQ&A

Summer Heat Brings Summer B.O.

A: Body odor by itself is not a disability, but your employee might have an underlying medical condition causing the smell or he might be taking medication that triggered the odor—either of which could raise a disability issue. As awkward as it may be, you need to address it with him.  For one, if other…

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Jul 18 2013
Leave LawsOregon

OREGON: Leave for domestic violence, sexual assault and stalking expanded

All employees will be eligible to take leave for domestic violence, sexual assault or stalking, if they work for an employer with at least six employees, pursuant to HB 2903, which was recently signed by the governor and goes into effect on January 1, 2014. Previously, in order to qualify for protected leave due to…

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Jul 12 2013
Affirmative Action

Affirmative Action: Still waiting on disability and veterans regulations

Employers have been asking for a status update on the sweeping proposed changes to the affirmative action regulations on veterans and people with disabilities. The answer is that we’re still waiting. The Office of Federal Contract Compliance Programs (OFCCP) had hoped to get the final regulations out in April 2013. However, their efforts were complicated…

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Jul 11 2013
HiringImmigrationQ&A

Employee SSN not essential at the time of hire

A: Yes, if he can provide adequate documentation of his identity and work authorization for the Form I-9 at the time of hire. When a foreign worker applies for a Social Security number (SSN), the Social Security Administration (SSA) has to verify the person’s work authorization with the Department of Homeland Security. The delay caused by…

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Jul 10 2013
Oregon

OREGON: New law protects personal social media accounts

A new law signed by Governor Kitzhaber puts the brakes on Oregon employers’ attempts to access employees’ and applicants’ personal social media accounts. HB 2654, which goes into effect on January 1, 2014, makes it illegal for employers to require or request an employee or applicant to disclose his or her username and password, or…

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