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Jun 20 2014
Labor RelationsWage and Hour

Employee’s outburst protected despite threats and profanity

A car dealership terminated a car salesman who, during an outburst, hurled expletives and insults toward the owner of the dealership, but the National Labor Relations Board (NLRB) ruled that the salesman was engaging in protected “concerted activity.” The salesman called the owner a  “f***ing crook,” and an “***hole.” He also told the owner that…

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Jun 17 2014
CaliforniaLeave Laws

CALIFORNIA: Leave of absence for pregnant employee may not be reasonable accommodation

Granting a leave of absence instead of workplace accommodations to a pregnant employee may not have been reasonable under California law, ruled a federal district court in California. When a pregnant employee asked for an accommodation of a bathroom break every three hours, and no heavy lifting or pushing, her employer allegedly told her that…

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Jun 12 2014
Affirmative Action

New online resource for finding veterans

Several branches of the federal government have created an interagency online tool to connect military veterans and employers. The new portal, located at ebenefits.va.gov, includes a section where employers can register to post jobs and search for veteran candidates. Tips: As a federal contractor, this offers one more option for expanding your outreach to veterans,…

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Jun 04 2014
Uncategorized

Non-compete clause upheld

An employee violated his non-competition clause when he abruptly left the company and established a competing business, ruled a federal district court in Idaho. The employee took a large client with him and left the former employer’s office shuttered. His employer sued, but before the trial began, the employee tried to escape any possible financial…

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Jun 03 2014
CaliforniaLeave Laws

CALIFORNIA: Medical certification for CFRA more limited than federal FMLA

When an employer in California used the federal Family and Medical Leave Act (FMLA) medical certification form, it asked for more information than what is permitted under the California Family Rights Act (CFRA). Specifically, California employers cannot request information pertaining to “symptoms, diagnosis, hospitalization, doctor visits” and “whether any medication has been prescribed.”  An employer…

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May 27 2014
Wage and Hour

Establish proper work agreement for employees residing on worksite (CA)

For employees living on the work premises, the employer should have a written agreement clarifying which of the employee’s hours are paid and which hours are unpaid; otherwise, all 24 hours per day may be compensable. A federal district court in California recently ruled that an employee of a residential facility for mentally disabled individuals…

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May 20 2014
Leave Laws

Employer who attempted to retroactively rescind FMLA leave learns a tough lesson

In a recent case, a court ruled in favor of an employee on a federal Family and Medical Leave Act (FMLA) interference claim when the employer attempted to retroactively deny leave it had already granted and to recoup medical insurance premiums paid on the employee’s behalf. In this case, the employer did not follow set…

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May 14 2014
HiringOregon

Register today: Tigard Form I-9 Workshop May 21st

In our I-9 workshop you will learn everything you need to know about filling out the I-9 Form accurately. We'll go through the motions in this interactive workshop including:     Filling out sample I-9 Forms,       Auditing the sample forms, and     Discussing the law and tricky situations to avoid Vigilant Employment Attorney, Lorraine Hoffman…

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May 13 2014
Drug and AlcoholQ&A

Some drug testing methods may have a disparate impact

A: Drug testing through hair samples can be tempting to employers, but it’s probably not the best option. In a recent case, a group of African-American police officers and candidates challenged their department’s practice of drug testing via hair samples, citing a higher rate of positive tests for African-American officers and candidates relative to the…

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May 09 2014
Leave Laws

Limited communications with employee on leave okay

Question: One of our employees is on an FMLA leave of absence. Are we allowed to contact her at all? Answer: It depends on the nature of the contact. An employer may not require an employee to perform work-related tasks during a leave of absence protected under the federal Family and Medical Leave Act (FMLA),…

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May 06 2014
Hiring

Requiring specific I-9 documents costs Seattle employer more than $40,500

The Department of Justice has announced that it has settled allegations of discrimination in the I-9 process with SK Food Group. The company had been requiring non-citizens to provide specific documents to prove their work eligibility but not making the same demand of U.S. citizens. In addition to paying $40,500 in penalties, the employer will…

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May 05 2014
Vigilant NewsWashingtonWorkers’ Comp

This just in! Vigilant retro program earns $8.4 million in refunds!

The Washington Department of Labor and Industries (L&I) just released the refund data for workers’ compensation retro groups in Washington. Vigilant is very pleased to report a 34 percent refund on our group’s premium for the 2012-2013 plan year. This will result in $8.4 million in refunds, the largest amount in our group’s history. We…

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