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Jun 15 2017
Drug and Alcohol

Positive drug tests on the rise

In a report released May 16, 2017, Quest Diagnostics revealed that American workplace drug testing has reached its highest positivity rate in 12 years. After analyzing more than ten million drug test results in 2016, Quest found that workers tested positive in 4.2 percent of all urine tests—a 5 percent jump from 2015 numbers. Notably,…

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Jun 12 2017
DisabilityQ&A

Q&A: Employer doesn’t have to promote to accommodate disability

A: No. Your obligation under the Americans with Disabilities Act (ADA) is to reasonably accommodate her disability so that she can perform the essential functions of her job. To figure out what this accommodation might be, you must engage in back-and-forth dialogue with the employee to determine what she needs—usually with help from her doctor—and…

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Jun 08 2017
WashingtonWorkers’ Comp

5 Reasons Early Return-to-Work Leads to Better Results

Let’s put one workplace myth to rest right now: an injured employee who returns to work in a light duty position isn’t going to bust the morale of fellow co-workers. Period. Seeing their co-worker back on the road to recovery by performing lighter tasks and transitioning back to full duties will more than likely increase…

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Jun 08 2017
OregonWage and Hour

OREGON: Equal pay act restricts wage history use & expands employer liability

As of the 91st day after the legislature adjourns this summer, employers are prohibited from asking applicants or employees for their salary history. The only exception is that employers may verify prior compensation as long as they first make an offer of employment that includes an amount of compensation and they obtain the worker’s written…

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Jun 02 2017
Harassment & DiscriminationWage and Hour

Layoffs, job restructuring, and wage freezes no excuse for unequal pay

Female Managers Sued Their Employer Under the Equal Pay Act The female managers sued under the federal Equal Pay Act (EPA), which generally requires women and men to be paid the same if they perform work of equal skill, effort, and responsibility, under similar working conditions. The only exceptions are if the difference in pay…

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May 30 2017
Harassment & Discrimination

Federal courts split over sexual orientation discrimination

A recent string of federal appeals court cases regarding sexual orientation discrimination has shone a light on an area of open interpretation under federal law. Under Title VII of the Civil Rights Act, individuals are protected from discrimination based on sex, but the law doesn’t explicitly encompass protection based on sexual orientation. The federal Equal…

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May 26 2017
HiringImmigration

A glitch in the system: Are you using the correct Form I-9?

On April 6, 2017, U.S. Citizenship and Immigration Services (USCIS) disclosed on its “what’s new” feed that an early version of the new Form I-9 contained an internal technical error. Then on April 17, the agency alerted the Society for Human Resource Management (SHRM) that some HR professionals are inadvertently using that bad form. Apparently,…

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May 25 2017
WashingtonWorkers’ Comp

Safety Violations Cost Washington Company More Than $642K

After a series of inspections, the Washington State Department of Labor & Industries (L&I) recently fined a roofing and building company $642,000 for 21 safety violations, including exposing workers to potential falls from more than 30 feet high. L&I discovered eight violations of fall protection rules for employees working 10 or more feet off the…

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May 16 2017
Affirmative Action

OFCCP announces significant financial settlements

Palantir Technologies, Inc. agreed to pay $1,659,434 to resolve allegations that the company’s hiring process, which included an employee referral program, discriminated against Asian applicants in three engineering positions. The company, which is located in Palo Alto, California, also agreed to offer jobs to 8 of the affected applicants (OFCCP press release 4/25/17 and consent…

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May 15 2017
Leave LawsQ&A

Unmarried employee entitled to FMLA when girlfriend gives birth?

A: Time off for the birth and to bond with the child may qualify as protected time under the federal Family and Medical Leave Act (FMLA). However, time spent caring for the employee’s pregnant girlfriend prior to giving birth would not qualify as FMLA (e.g. if the girlfriend was on bed rest during pregnancy). In…

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May 15 2017
Harassment & DiscriminationOregonTermination & Resignation

Employer unlawfully discriminated against unmarried pregnant employee in Oregon

Court Finds University’s Defense Unconvincing The university rationalized that it wasn’t discriminating against the teacher based on her status (unmarried) but on her conduct (engaging in sex outside of marriage). However, the court wasn’t convinced by the employer’s argument and determined that the employee’s marital status wasn’t distinguishable from her conduct as a single woman….

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May 10 2017
Harassment & DiscriminationOregonWage and Hour

Internal complaints count as whistleblowing under Oregon law

Oregon Whistleblower Laws: Internal and External Complaints In Oregon, an employer cannot discriminate or retaliate against an employee who “has in good faith reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation” (Oregon Revised Statute §659A.199). The statute doesn’t specify whether a report must…

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