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Apr 16 2013
Drug and AlcoholQ&A

More Q&As involving random alcohol tests

Q: Can we require a random alcohol test if an employee is on a Last Chance Agreement (LCA)? A: Yes, provided that you’re able to make a case that the random test fits within the ADA standard (i.e. job-related and consistent with business necessity). If an employee tests positive for a substance, therefore violating your…

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Apr 11 2013
Wage and Hour

CALIFORNIA: After-hours emails, texts and phone calls equal big overtime

A voluminous workload, combined with an employment policy forbidding employees from entering overtime on their timesheets, led to one employee filing a claim for unpaid overtime due to her off-the-clock activities. The employee was given more work than could be completed in a typical eight-hour day and, within her first few weeks of work, she…

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Apr 09 2013
Uncategorized

Does your non-solicitation agreement contemplate social media?

In recent years, many employers have encouraged employees to join LinkedIn, Facebook, Twitter, and other social media sites in order to connect with potential customers and increase public awareness of their company. But have you thought about the consequences when those individuals, who are connected to hundreds if not thousands of your customers, leads, and…

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Apr 04 2013
Wage and Hour

Deducting from PTO for Salaried Employees

We have a salaried employee reaching the end of her PTO allotment. She has some vacation and assorted medical appointments coming up. Can we require her to accrue a negative PTO balance? Can we deduct the negative balance from her final paycheck if she leaves? You can require her to run a negative PTO balance,…

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Mar 26 2013
Safety and Health

The ACA’s employer mandate: What health care coverage must be provided?

If you are a large employer subject to the federal Affordable Care Act (ACA)’s employer shared responsibility mandate for health care coverage, you must provide to all full-time employees and their dependents, “minimum essential coverage” that is “affordable” and provides “minimum value” or else pay penalties to the IRS. Do you know what kind of…

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Mar 19 2013
Leave Laws

FMLA regulations, forms, and poster updated for employees needing military family leave

The U.S. Department of Labor (DOL) has updated its regulations, forms, and poster under the federal Family and Medical Leave Act (FMLA). Most of the changes were due to Congress amending the FMLA with two separate laws in 2009. One law expanded FMLA leave for employees with family in the military and the other made…

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Mar 15 2013
Employee BenefitsOregon

Alert: Portland adopts sick leave ordinance

On March 13, 2013, the Portland City Council unanimously adopted an ordinance requiring sick leave for employees who work at least 240 hours per year within the City’s geographic boundaries. It takes effect on January 1, 2014. During the coming months, the City will be drafting regulations to clarify the broad outlines of the ordinance….

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Mar 14 2013
Q&AWashington

Can employees bring guns to work?

Q: There’s been a lot of media coverage about guns recently. As a Washington employer, can I prohibit employees from bringing guns to the workplace? A: Yes. Under Washington law, a private employer may have a policy that prohibits employees from bringing guns to the workplace, even if the employee has a concealed weapons permit….

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Mar 14 2013
Affirmative Action

Affirmative Action: OFCCP updates compensation analysis procedures

The Office of Federal Contract Compliance Programs (OFCCP) has finally published new procedures describing how it will analyze compensation during affirmative action audits. The agency rescinded its 2006 guidance, which it found to be too rigid in practice. Now the agency says it will use a flexible approach, using all possible tools at its disposal….

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Mar 12 2013
Uncategorized

The ACA’s employer mandate: Who gets covered?

Once you’ve determined that you are a large employer that is subject to the Affordable Care Act’s (ACA) employer shared responsibility mandate, do you know who you must offer coverage to in order to avoid incurring penalties? This is the third installment in our series updating members on IRS guidance published early this year on…

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Mar 08 2013
Wage and Hour

Alert: Revised I-9 form is now available and will be mandatory effective May 7, 2013

A new version of Form I-9 is now available and will be mandatory effective May 7, 2013. The U.S. Citizenship and Immigration Services (USCIS) clarified the instructions and expanded the form itself to two pages. The additional guidance and new layout is intended to reduce confusion for employers and workers. The revision date on the…

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Mar 05 2013
Uncategorized

Be sure employee has sufficient time to consider severance agreement

Although you may be in a hurry to usher a departing employee out the door, beware of allowing an employee to sign a severance agreement before they’ve had time to really think about it. Under the federal Age Discrimination in Employment Act (ADEA), an employee who is at least 40 years old must be given…

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