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News, trends and analysis in employment law, HR, safety & workers' comp

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Apr 19 2010
Uncategorized

New federal law mandates breaks for nursing mothers

HR 3590), amending the Fair Labor Standards Act). You should generally be able to require employees to use their normal meal periods and rest breaks if they need to express breast milk. An individual may need more time, though, than the typical 10-minute rest break, or may need breaks more frequently. If the break…

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Apr 16 2010
Employee Benefits

COBRA premium subsidy extended through May

Yesterday, the President signed into law a bill extending the COBRA premium subsidy (yet again!) though May 31, 2010 (Legal Guide, “COBRA Provisions of the American Recovery and Reinvestment Act of 2009” (

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Apr 15 2010
DisabilityOregon

OREGON: No protection for medical marijuana user

In a resounding victory for employers, the Oregon Supreme Court ruled that an employer had no obligation to consider an exception to its drug policy for a medical marijuana user who claimed to have a disability. The Oregon Bureau of Labor and Industries (BOLI) had taken the position that the company should have engaged in…

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Apr 14 2010
CaliforniaHiring

CALIFORNIA: Megan’s Law website still off-limits for employers

Megan’s Law website to its employer clients. The website displays the whereabouts of registered sex offenders in California, but state law prohibits using the information for employment purposes. An unsuccessful applicant sued the consumer reporting agency for passing along information from the website. The court ruled that it was the employer, not the agency, who…

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Apr 12 2010
Washington

WASHINGTON: Wage statement rules updated

recently updated its wage payment rules, most importantly clarifying its requirements for giving wage statements to employees. The rules took effect March 15, 2010. With each paycheck, you must give a separate written statement that identifies the pay period by month, day, year, and payment date. You may provide these statements electronically as long as…

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Apr 09 2010
OregonWashington

OREGON: New law amends AED requirements

Governor Kulongoski has signed   SB 1033, which eliminates existing exceptions for facilities owned by an education service district, public charter school or school district, effective January 1, 2011. Also, every school campus in a school district, private school campus and public charter school campus will be required to have at least one AED on…

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Apr 07 2010
Hiring

IRS finalizes HIRE Act affidavit

  As the employer, you're not required to have the affidavit notarized, just completed and signed by the employee.

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Apr 05 2010
Employee Benefits

Eligibility for new COBRA subsidy claims expires for now

FAQs on their website about the COBRA subsidy. For further information, see our Legal Guide, “COBRA Provisions of the American Recovery and Reinvestment Act of 2010” (

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Apr 02 2010
Hiring

IRS clarifies HIRE Act

Good news for employers who are bringing workers back after layoffs: The IRS says you may be exempt from paying Social Security (FICA) taxes on those workers after all. This surprising interpretation is contained in a series of HR 2847). As explained in our Alert on March 19, 2010, you can qualify for relief from…

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Apr 01 2010
HiringOregon

OREGON: Credit checks restricted under new law

An employer’s ability to look into an applicant or employee’s credit history will be significantly restricted under a bill passed by the Oregon legislature. Governor Kulongoski is expected to sign the bill, which should take effect on July 1, 2010. The bill makes it an unlawful employment practice for most employers to use credit histories…

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Mar 30 2010
Uncategorized

Termination for MySpace photos OK

A fire chief was entitled to terminate a probationary firefighter for posting official photos on her personal MySpace page, ruled a federal appeals court. The chief wasn’t happy to learn that the employee copied the fire department’s recruiting photo and placed it near a bare-shouldered shot of herself entitled “Fresh out of the shower.” When…

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Mar 26 2010
Employee Benefits

Updated COBRA subsidy notices issued

model COBRA subsidy notices, which include information on the recent changes brought about by the Temporary Extension Act of 2010. In addition to updating existing notices, the DOL also issued a new “6015).

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