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Sep 29 2014
Leave LawsOregon

Actual Notice of FMLA Necessary to Hold Employees Accountable

The employee claimed that she did not know that her leave was being counted as FMLA and was not aware of the requirement that she must return within 12 weeks in order to protect her job. She alleged that if she had known of the expectations she would have expedited her treatment in order to…

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Sep 24 2014
DisabilityDrug and Alcohol

Drug testing for prescription medication is questionable under ADA

Random drug testing for prescription medication pushes the limits of what is permissible under the federal Americans with Disabilities Act (ADA), but may not necessarily violate the law, according to a recent case from the Sixth Circuit U.S. Court of Appeals. The case stems from an employer’s random drug testing procedures, which were specifically designed…

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Sep 24 2014
Leave LawsQ&A

What does reemployment of a veteran really mean?

A: Yes. The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) generally gives returning servicemembers the right to reemployment for up to five years after entering the military, provided they meet the eligibility requirements. When leaving to join the military, the employee doesn’t need to tell you whether they intend to return to work…

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Sep 18 2014
Disability

OREGON: Duty to accommodate didn’t extend to fitness-for-duty exam process

An Oregon court recently dismissed a preschool teacher’s disability claim because she refused to submit to a fitness-for-duty exam. The teacher had obsessive compulsive disorder (OCD) and had reported to human resources that she was dealing with severe anxiety. Concerned about the safety of the teacher and students, the school requested that the teacher undergo…

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Sep 16 2014
CaliforniaLeave Laws

CALIFORNIA: California adopts mandatory paid sick leave

On September 10, Governor Brown signed into law the “Healthy Workplaces, Healthy Families Act of 2014,” (AB 1522) granting paid sick leave to virtually all employees in the state. The new law will take effect on July 1, 2015. The law provides that every person working at least 30 days in a year qualifies for…

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Sep 16 2014
WashingtonWorkers’ Comp

WASHINGTON: We’re #1 – but we aren’t talking about the Seahawks

In a recent study on workers’ comp costs, Washington once again tops the nation in the highest benefits paid per worker. Recently released data shows Washington pays an average of $840.16 per covered worker, followed by Alaska at $797.65 and California at $783.94. When it comes to increases in employer costs, Washington ranks 11th in…

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Sep 16 2014
WashingtonWorkers’ Comp

WASHINGTON: Important changes coming to L&I’s Stay at Work application process

By now you are likely familiar with Washington’s Labor and Industries (L&I) Stay at Work Program, which reimburses state-fund employers in Washington for light duty wages on a claim up to $10,000 or 66 days. L&I recently announced changes to the program that may have a significant impact on your ability to obtain reimbursements. Effective…

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Sep 15 2014
Safety and HealthWashington

Join us at a Washington Emergency Management Preparedness Seminar 10/8, 10/15, 11/5 or 11/13

Join us for an Emergency Management Preparedness Seminar in Vancouver (10/8), Tacoma (10/15), Lynnwood (11/5) or Spokane Valley (11/13), Washington. We’ll discuss the effective components of an emergency action plan including handling workplace violence and active shooter situations. Participants will learn the four key aspects of a strategic workplace violence plan; mitigation, preparedness, response and…

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Sep 11 2014
Leave LawsQ&A

How does military leave impact use of vacation time?

A: An employer can’t require an employee who is taking military leave to use accrued vacation or other paid leave during the time that they’re serving. However, if the employee wants to use accrued vacation or paid leave, the employer must allow them to do so. Generally, employers are more than willing to allow employees…

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Sep 10 2014
Labor Relations

Executive Order requires scrutiny of labor law violations

The President recently issued an executive order to require certain federal contractors to disclose labor law violations, provide paycheck notices to employees, and refrain from requiring nonunion employees to sign certain pre-dispute arbitration clauses. The order won’t take effect until regulations are proposed and finalized, however. Executive Order 13673 (Fair Pay and Safe Workplaces) includes…

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Sep 08 2014
CaliforniaWage and Hour

CALIFORNIA: Piece rate compensation systems under more attacks in California

Discussions with wage and hour enforcers indicate that paying for rest periods under a piece rate compensation system in California is even more complicated than we previously believed. As we reported in our November 21, 2013, newsletter, a California appeals court certified a class action claim that an employer who paid employees by piece rate…

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Sep 02 2014
CaliforniaWage and Hour

CALIFORNIA: San Diego to require paid sick leave and raise minimum wage

The San Diego City Council overrode the mayor’s veto on August 18, 2014, to pass an ordinance that will require employers in the City to offer paid sick leave and pay minimum wages at a new scale. Employers of all sizes are affected (Earned Sick Leave and Minimum Wage Ordinance 20390). Earned sick leave Employers…

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