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Jan 29 2014
Wage and Hour

ALERT: Supreme Court says CBA can exclude payment for putting on protective gear

The U.S. Supreme Court ruled yesterday that an employer and union may agree that workers aren’t entitled to be paid for their time donning and doffing most protective safety gear at the beginning or end of the workday. Normally employers would have to pay for this time, if it is integral and indispensable to employees’…

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Jan 29 2014
Uncategorized

Facebook postings can constitute harassment complaints

But as an employer, you are liable for harassment between coworkers if you knew or should have known of the harassment. And, if a supervisor harasses a subordinate, the employer is automatically liable if any adverse employment action is taken against the subordinate employee. If there’s been no adverse employment action, then the company can…

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Jan 22 2014
Disability

Employer failed to consider accommodations under the ADA

An employer’s hasty decision that an employee with a disability could not perform the “essential functions of the job” ended up backfiring in an expensive way. That was the result of a federal district court’s ruling, which allowed the employee’s case to proceed to trial. One of the employee’s main tasks was to regularly lift…

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Jan 22 2014
DisabilityLeave Laws

Poor performance alone does not require employer to investigate possible disability

Previously, the employee had been given a written warning, provided remedial training, and placed on an improvement plan. Throughout her various levels of discipline, the employee never once indicated that her performance issues were caused by her disabilities. She only claimed this connection after being fired. In her lawsuit, she argued that the company violated…

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Jan 16 2014
Oregon

OREGON: Domestic violence poster now required; OFLA poster updated

Beginning on that date, employees will immediately be eligible to take this leave; they will no longer have to be employed for 180 days or work an average of 25 hours per week (2013 HB 2903). For example language you may include in your employee handbook, see our newly updated Model Policy, “Crime Victim Leave…

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Jan 09 2014
Leave LawsQ&A

Who qualifies as a child under the FMLA?

A: Yes. The federal Family and Medical Leave Act (FMLA) allows employees to take time off to care for their child with a serious health condition. “Child” is defined as biological, adopted, foster, step, or someone that the employee is “in loco parentis” with, which means they are acting as their parent. The child needs…

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Jan 06 2014
Q&AWage and Hour

Do I need to pay employees for their time spent studying?

A: Yes, if a nonexempt employee is required to obtain or retain a certificate as part of their job, and they need to study for a test in order to do so, then that time should be compensated. In fact, there are actually very few circumstances when employers don’t have to pay a nonexempt employee…

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Jan 02 2014
Safety and Health

OSHA proposes public reporting of employer injury and illness data

Numerous employers would have to report their workplace injury and illness data, which would then be publicly posted on a government website, under a proposal from the Occupational Safety and Health Administration (OSHA). The proposal would require reports from two different categories of employers: Employers with 250 or more employees would have to transmit workplace…

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Dec 30 2013
Affirmative Action

Affirmative Action: Construction contractor nailed for hiring discrimination

Following an affirmative action audit by the OFCCP, construction contractor M.C. Dean agreed to pay $875,000 in back wages and interest to be shared by 381 African American, Hispanic, and Asian American applicants. As a result of the case, the company will extend 39 job offers as positions become available, train its personnel, and periodically…

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Dec 23 2013
Hiring

EEOC permits “integrity tests” during hiring process

The letter describes an employer’s “integrity tests” as a series of questions used in the hiring process. In particular the questions involved: (1) Attitudes about taking an employer’s property without permission; and (2) An applicant’s current use of illegal drugs. The EEOC previously had provided enforcement guidance regarding asking applicants about arrest and conviction records….

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Dec 19 2013
Affirmative ActionDisability

Affirmative Action: OFCCP updates FAQs on new disability and veterans rules

The Office of Federal Contract Compliance Programs (OFCCP) has released more FAQs on its web pages providing guidance on the new rules regarding protected veterans and people with disabilities. Some of the answers are helpful; others are downright baffling. First, the helpful ones: • In job ads, when you indicate that you are an Equal…

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Dec 16 2013
CaliforniaWage and Hour

CALIFORNIA: Final report on employment-related laws taking effect in 2014

Protection for military and veteran status – (AB 556 – signed 10.10.13) Expands the Fair Employment and Housing Act to include “military and veteran status” in the list of protected categories. The law will permit employers to inquire about military or veteran status for the purpose of awarding a preference for veterans that is allowed…

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