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May 10 2017
Harassment & DiscriminationOregonWage and Hour

Internal complaints count as whistleblowing under Oregon law

Oregon Whistleblower Laws: Internal and External Complaints In Oregon, an employer cannot discriminate or retaliate against an employee who “has in good faith reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation” (Oregon Revised Statute §659A.199). The statute doesn’t specify whether a report must…

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May 05 2017
DisabilityDrug and AlcoholQ&A

Q&A: Is leave for jail time a reasonable accommodation for alcoholism?

Answer: No. The Americans with Disabilities Act (ADA) requires employers to reasonably accommodate a disability, such as alcoholism, but the ADA has a unique rule for bad behavior related to the use of alcohol or illegal drugs. Disability Rights and Alcohol Under the ADA, an employer “may hold an employee who engages in the illegal…

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May 03 2017
Leave Laws

Time off for child care may qualify for FMLA leave

A: Maybe. Assuming both the employer and employee are covered by the federal Family and Medical Leave Act (FMLA), the employee is entitled to FMLA leave to care for her toddler if his autism meets the definition of a serious health condition. FMLA leave is often related to an illness or injury, but the definition…

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Apr 27 2017
Q&ASafety and HealthWashington

Q&A: Can we discipline for failure to promptly report an injury?

Answer: Ask the employee why she didn’t report the injury when it happened. Your ability to discipline will depend on when she became aware of the injury, and whether any barriers prevented her from reporting. For example, if she admits that she felt a sharp pain when picking up a heavy load, then she knew…

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Apr 20 2017
Uncategorized

Dodd-Frank anti-retaliation protections apply to workers who blow an internal whistle

A vice president of portfolio management at Digital Realty Trust was fired after reporting to senior management that his supervisor had eliminated internal controls in violation of federal law. The fired worker sued the company under Dodd-Frank, claiming retaliation. This worker’s internal complaint alleging company violations of securities laws triggered federal whistleblower protections without a…

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Apr 18 2017
HiringPrivacy & ConfidentialityQ&A

Q&A: Use caution before telling the truth about former employee

Answer: Not so fast! A signed release seems like a golden ticket to share your true feelings and frustrations about a former employee, but the release may not actually provide you with legal protection. In fact, that’s exactly what an Indiana medical clinic recently found out the hard way. In their situation, the clinic settled…

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Apr 18 2017
Harassment & DiscriminationHiringQ&A

Q&A: Hiring a transgender receptionist

A: No. Customer-facing jobs, such as receptionists and sales representatives, are often tied to having a socially acceptable “look.” While it is perfectly legal to require a professional, clean appearance, it is generally illegal to require an employee to look like a specific gender. This is considered gender stereotyping, and there is a long line…

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Apr 13 2017
Affirmative Action

OFCCP is still conducting regular, intensive audits of federal contractors

We’ll wait to hear how this all shakes out. In the meantime it’s a good reminder that if you have affirmative action obligations, like Google, it’s critical you maintain a compliant affirmative action plan. Being out of compliance can be costly. Do You Have Affirmative Action Obligations? If you, your suppliers, or your customers do…

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Apr 13 2017
Affirmative Action

OFCCP settles allegations of race, gender, and disability discrimination

The reasons varied (race, gender, and disability), but each resulted in a financial settlement. Here are the highlights: Race discrimination: During an affirmative action audit of Compass Group USA’s Morrison Sector in Mobile, Alabama, the OFCCP determined that the company’s hiring process for service worker positions discriminated against black applicants. The company, which offers food…

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Apr 13 2017
WashingtonWorkers’ Comp

Workers’ comp time loss days reduced by 37%

Vigilant’s commitment to reducing claim costs for our Workers’ Comp Retro Group is paying off—big time. We’re pleased to announce that our Retro Group just hit a huge milestone by reducing the number of time loss days by 37 percent compared to the same point last year. That’s equivalent to eight days less per claim…

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Apr 12 2017
Affirmative ActionHarassment & DiscriminationLabor Relations

Blacklisting rule is gone for good

As expected, President Trump signed a resolution from Congress (H.J. Res. 37) that overturns the U.S. Department of Labor (DOL)’s rules implementing Executive Order 13673, “Fair Pay and Safe Workplaces,” also known as the federal contractor “blacklisting” order. As a result, the rule cannot be enforced. Also, federal agencies are prohibited from ever issuing a…

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Apr 10 2017
Wage and Hour

DOL gets more time to consider defense of overtime rule

The U.S. Fifth Circuit Court of Appeals has granted a request by the U.S. Department of Labor (DOL) to wait until May 1, 2017, to file a written brief stating its position on a lower federal court’s blocking of the DOL’s overtime rule. As we previously reported, a federal district judge in Texas placed a…

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