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

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Jul 09 2013
DisabilityLeave LawsQ&A

Employee’s FMLA fitness-for-duty note can’t be refused

A: No. The FMLA rules make it clear that the employee must be reinstated to his job without delay once he provides a note from his health care provider stating that he’s able to return to work. The FMLA allows you to contact the provider to seek clarification about the employee’s ability to return, but…

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Jul 09 2013
Leave LawsOregon

OREGON: Bereavement leave will be protected under OFLA

The categories of protected leave under the Oregon Family Leave Act (OFLA) will be expanded to include bereavement leave as of January 1, 2014, pursuant to HB 2950, which was recently signed by Governor Kitzhaber. Under the new category, employees can take protected leave to deal with the death of a family member by: (1)…

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Jul 03 2013
Employee Benefits

ALERT: IRS delays pay or play mandate until 2015

Employers rarely hear great news from the IRS, but they really came through this time. The IRS announced yesterday that implementation of the employer shared responsibility mandate (also known as the “pay or play” mandate) will be delayed until 2015. (The mandate requires that employers of 50 or more full-time employees provide substantially all full-time…

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Jul 03 2013
Washington

WASHINGTON: Governor signs bill protecting employee social media privacy

Governor Jay Inslee has signed a bill that prevents Washington employers from asking an employee to provide a password, “friend” the employer, or alter privacy settings on personal social media accounts. However, an important carve-out allows employers to require content from a social networking site in the course of an investigation of illegal activity, work-related…

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Jul 01 2013
Labor Relations

Confidentiality instructions in investigations may violate NLRA

Imposing an across-the-board corporate policy requiring employees to keep investigations confidential violates the National Labor Relations Act (NLRA), said the Office of General Counsel for the National Labor Relations Board in a recent memorandum. Interestingly, the employer’s policy properly listed the four exceptions laid out in a previous Board decision, Banner Health System, dba Banner…

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Jul 01 2013
Q&A

Updating employee records after divorce, remarriage, and other life events

A: Updating the emergency contacts is a good start. While you don’t want to pry into employees’ personal lives, changes in marital status should trigger a review of employee benefits. A remarriage may also involve new dependents. An employee may want to add a new spouse, or new dependents, to the health insurance provided by…

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Jul 01 2013
Employee Benefits

Health care reform: Guidance issued on notice requirements

The federal agencies in charge of issuing guidance on the federal Affordable Care Act’s requirements have been busy. Updates on three different notice requirements have been issued recently: • Model COBRA Election Notice: The U.S. Department of Labor (DOL) has updated its model COBRA election notice to inform COBRA qualified beneficiaries that, as of January…

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Jul 01 2013
Affirmative Action

Alert: Supreme Court rules on harassment, discrimination, and affirmative action

The U.S. Supreme Court issued rulings on harassment, discrimination, and affirmative action yesterday. In the harassment case, the Court said an individual is considered a supervisor under Title VII of the Civil Rights Act only if he or she has the authority to make tangible employment decisions about the victim, such as hiring, firing, promoting,…

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Jul 01 2013
Uncategorized

EEOC distinguishes between arrest and underlying conduct

Employers may consider the underlying conduct that triggered an arrest when making employment decisions, said the assistant legal counsel of the U.S. Equal Employment Opportunity Commission (EEOC) in an informal discussion letter. Making decisions based on arrests alone is problematic under Title VII of the Civil Rights Act, because of the disparate impact on racial…

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Jul 01 2013
Labor Relations

“Fire me” wish is granted, and is okay under NLRA

An employee’s expletive-laden expressions of contempt for her employer on a private Facebook forum with current and former coworkers wasn’t protected concerted activity, according to the National Labor Relations Board’s Office of the General Counsel. The employee didn’t try to encourage her coworkers to take any group action, and she wasn’t verbalizing mutual concerns over…

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Jul 01 2013
HiringImmigrationOregon

OREGON: Driver cards for illegal immigrants may throw a wrench in your I-9 process

Individuals who cannot provide documentation that they’re authorized to be in this country can now obtain an Oregon Driver’s Card, pursuant to a bill that was recently signed into law (SB 833). Effective January 1, 2014, the Oregon Department of Motor Vehicles will be authorized to issue Driver’s Cards to individuals who cannot provide sufficient…

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Jul 01 2013
Q&A

Investigating employee harassment on Facebook

A: Yes, if the Facebook postings are a violation of your harassment policy. You are responsible for addressing harassment and discrimination that occurs online—even if it’s outside of working hours—where it bears a connection to the workplace, as in this situation. What is trickier is how you conduct your investigation. Most employers want to jump…

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