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Mar 18 2016
Wage and Hour

Employers liable for double damages for exempt status misclassification

A call center employer in Idaho has been ordered to pay misclassified employees not only for their actual unpaid overtime, but also an equal amount as liquidated damages, doubling the company’s liability. The employer had classified its “trainers” as exempt from overtime pay based on the supervisory and management tasks that they thought the employees…

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Mar 11 2016
Harassment & DiscriminationQ&A

Using prior salary to set new hire salary raises EEO concerns

Answer: Yes, such a practice may perpetuate existing discrimination in wages. The U.S. Department of Labor has made pay equity one of its top enforcement priorities. Under the slogan, “Equal Pay for Equal Work,” the agency has established a pay equity web page highlighting statistics that women earn 78 cents on the dollar compared to…

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Mar 08 2016
Q&AWage and Hour

Requiring reimbursement of training costs can be tricky

Answer: Maybe, but use caution. First, we advise that you check your state laws on payroll deductions. Most states don’t allow payroll deductions under these circumstances, so it’s unlikely you’ll be able to recoup your costs by deducting money from a departing employee’s final paycheck. See our Legal Guide, “Payroll Deductions,” for information on this…

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Feb 23 2016
Harassment & Discrimination

Male-on-male grabbing is sexual harassment, not horseplay

Multiple incidents of sexual harassment by one male employee toward another in the workplace led to a $300,000 verdict against their employer. First, the male plaintiff in the case saw the perpetrator come up behind a male coworker and grab his rear end. Then the perpetrator turned his attention to the plaintiff, slapping him on…

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Feb 18 2016
Wage and Hour

EEOC proposes to add pay and hours to EEO-1 Report requirements

A proposed expansion of the EEO-1 Report would require all private employers with at least 100 employees to provide data on compensation and hours worked. For many years, employers with at least 100 workers (or 50 workers and $50,000 in federal contracts) have been required to submit EEO-1 Reports by September 30 each year. These…

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Feb 08 2016
Drug and AlcoholQ&A

Marijuana in the workplace: Can we prohibit impairment?

A: Currently, unlike with alcohol, there is no reliable way for an employer to detect impairment of an employee using marijuana. As marijuana use becomes more widespread, there is a growing demand for reliable and effective ways to test impairment. A recent Oregon Public Broadcasting news article explains that a University of Washington lab is…

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Feb 02 2016
Leave LawsQ&A

What is the FMLA’s rule about 50 employees within 75 miles?

A: Unfortunately, no. Your employee is eligible to take leave under the FMLA, assuming he meets the other eligibility requirements (he has worked for you for 12 months and 1,250 hours in the last year). The FMLA allows an employee to take leave if he or she works at a site where 50 or more…

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Jan 19 2016
Leave LawsQ&AWorkers’ Comp

Does the FMLA apply to on-the-job injuries?

A: Yes, if all elements of the FMLA are met. A work-related injury, just like any other physical condition that necessitates time off, could be an FMLA-qualifying event. If your organization is covered by the FMLA, meaning that you have employed 50 or more employees for 20 or more workweeks in the current or preceding…

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Jan 13 2016
Harassment & DiscriminationHiring

New guidance for employers conducting internal I-9 audits

In an effort to ensure that employers follow best practices and do not engage in discriminatory practices, the US Justice Department’s Civil Rights Division and the Department of Homeland Security’s US Immigration and Customs Enforcement (ICE) have issued joint guidance for employers who choose to conduct internal audits of their Form I-9s to ensure that…

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Jan 11 2016
Q&AWage and Hour

Off-duty review of email may trigger overtime

A: Generally yes. If you expect an employee to monitor and respond to email as part of their job, that activity would generally be considered integral to their work and therefore compensable. The only exception would be whether the time could be considered “de minimis,” meaning that the time is too insignificant and difficult to…

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Jan 06 2016
DisabilityDrug and AlcoholQ&A

Do we have to hire an applicant who disclosed she is a recovering alcoholic?

A: If the reason you are choosing not to hire the applicant is purely because she is a recovering alcoholic, then that is a violation of the Americans with Disabilities Act (ADA) and the applicant could bring a discrimination claim. However, if you’re choosing not to hire her because she is either not qualified to…

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Dec 18 2015
Leave LawsOregon

Final Oregon paid sick leave rules and notices have been published

The Oregon Bureau of Labor and Industries (BOLI) recently published final rules on the new Oregon paid sick leave law, which takes effect on January 1, 2016. Unfortunately, the agency failed to answer a number of fundamental questions, despite repeated requests from Vigilant and other employer representatives. Here are some key points: No guidance on…

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