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Feb 17 2017
Uncategorized

Immigration protests raise questions for employers

The events are expected to take place 2/16 and today, February 17, 2017. As an employer, if your workers participate in the protest, you will need to decide how to respond. Here are a few issues to consider: Find out the reason for the absence. If the employee says it’s for the Day Without Immigrants,…

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Feb 16 2017
Hiring

Employer violated FCRA by including waiver in disclosure form for background check

Employers who conduct criminal background or credit checks of job applicants must comply with the FCRA whenever a third-party company is used to gather the information.   The FCRA requires a specific disclosure statement to be provided to an applicant if a third-party background check is being conducted. While the law allows this disclosure statement…

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Feb 06 2017
DisabilityHiringQ&A

Q&A: Think twice before revoking job offers based on red flags

Answer: You have the right to revoke an offer when you have a legitimate, non-discriminatory reason, such as not hiring someone who was terminated for attendance violations. However, in this case it’s not that simple. Two other key issues about his prior job surfaced: he alleged a disability and he filed a claim against his…

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Feb 03 2017
Affirmative Action

LGBTQ protections to continue for federal contractor employees

As we previously reported, the Executive Order applies to federal contracts and subcontracts worth more than $10,000 that are signed or modified on or after April 8, 2015. For more information, see the Office of Federal Contract Compliance Programs (OFCCP’s) web page which explains these protections for lesbian, gay, bisexual, transgender, and queer/questioning (LGBTQ) employees…

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Feb 03 2017
Affirmative Action

Affirmative Action – Disability self-ID form renewed

Federal contractors and subcontractors are required to use the current form to ask applicants and employees whether they have a disability. These employers must use the data they collect to assess their progress in recruiting and employing individuals with disabilities. The only change to the form is that the expiration date in the upper right…

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Feb 01 2017
Leave LawsQ&A

Do we have to give FMLA leave to remote employees?

A: Maybe. There are two different thresholds to determine whether someone is eligible for leave under the federal Family and Medical Leave Act (FMLA). First, the employees must have worked for you for at least 12 months (which need not be consecutive), and have worked 1,250 hours in the 12 months before the leave is…

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Jan 24 2017
Employee BenefitsQ&A

Should we appeal a Marketplace employer notice issued under the ACA?

Probably not. You only need to consider appealing a Marketplace employer notice if the information contained in the notice is inaccurate. Under the Affordable Care Act (ACA), an applicable large employer (an employer who employees at least 50 full-time equivalent employees), is required to offer affordable, minimum value health insurance coverage to full-time employees (employees…

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Jan 13 2017
Harassment & Discrimination

Whistleblower protections expanded for federal contractor employees

On December 14, 2016, President Obama signed legislation that expands whistleblower protections for employees working on federal contracts. The law now protects the same categories of workers on both civilian and defense contracts: any employee of a contractor, subcontractor, grantee, subgrantee, or personal services contractor on the federal contract. (Previously there were no protections for…

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Jan 11 2017
Affirmative Action

Federal contractors close out 2016 with affirmative action settlements

Ameriprise Financial agreed to pay $128,200 in back wages and interest to 20 black employees in unlicensed service professional positions located in Minneapolis, Minnesota. The OFCCP looked at wages for the one-year period of February 19, 2013, through February 18, 2014, and determined that the differences in wages between the black employees and their white…

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Jan 10 2017
Affirmative Action

DOL updates affirmative action requirements for apprenticeship programs

The rules apply to all sponsors of apprenticeship programs officially registered with the DOL or with a recognized state apprenticeship agency. The rules take effect on January 18, 2017, but the requirements are phased in over a two-year period. The states have one year to submit draft language to the DOL bringing the state rules…

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Jan 09 2017
Leave LawsOregonQ&A

Oregon Sick Leave law: Are we required to provide more time off?

A: The Oregon Sick Leave law requires that qualifying employers allow employees to apply up to 40 hours of paid time for sick leave purposes each year. If employees use all of their paid time for vacation, they may not have any time left for sick leave. The Oregon law does not require employers to…

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Jan 03 2017
Q&ATermination & ResignationWage and Hour

Can we deduct from a final paycheck for a missing laptop?

A: If you are in the State of Washington, there is a narrow window that would allow you to withhold the cost of the laptop from his final paycheck, but the penalties are high if you get it wrong. You can deduct from final pay for breakage or loss of equipment if it was caused…

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