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Jul 02 2015
Affirmative Action

Dexterity test and gender stereotyping result in $115,000 settlement

A dental equipment manufacturer in Huntsville, Alabama, has agreed to pay $115,000 to job applicants who were systematically excluded from jobs, according to the Office of Federal Contract Compliance Programs (OFCCP). Oral Arts Laboratory Inc. was a federal contractor when the OFCCP reviewed its hiring processes as part of a routine affirmative action audit. The…

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Jul 01 2015
Safety and HealthWashington

WASHINGTON: Injury reporting rules revised July 1, 2015

Employers in Washington must comply with new requirements for reporting serious injuries beginning July 1, 2015. Work-related injuries resulting in amputations or loss of an eye must be reported to Washington’s Division of Occupational Safety and Health (DOSH) within 24 hours of learning of the injury. Fatalities and in-patient hospitalizations must still be reported within…

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Jun 30 2015
Uncategorized

Alert: Supreme Court says states must grant and recognize same-sex marriage

The U.S. Supreme Court today ruled that same-sex couples have the right to marry in all states, and that all states must recognize same-sex marriages lawfully performed in other states. Two years ago, we reported that the Court upheld the right of states to issue marriage licenses to same-sex couples. At that time, the federal…

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Jun 26 2015
Safety and Health

Train employees to use caution when coming to the aid of coworkers

A tragedy at a DuPont facility in Texas highlights the importance of training employees on when and how to come to the aid of coworkers, and the need to create safety procedures for known hazards before they become a life-threatening problem. In November 2014, a DuPont employee collapsed when a noxious gas was inadvertently released…

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Jun 24 2015
Leave LawsOregon

ALERT: Oregon Governor Signs Paid Sick Leave Bill

Governor Kate Brown has officially signed into law Oregon’s paid sick leave bill (SB 454). Oregon employers should familiarize themselves with the bill and prepare to comply beginning January 1, 2016. Here we review five essential things to know, followed by five potential traps for employers. First, the five things to know: Covered employers: If…

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Jun 23 2015
Safety and Health

OSHA interpretation letters clarify recording and reporting rules

The Occupational Safety and Health Administration (OSHA) recently issued a number of interpretation letters clarifying the updated recordkeeping and reporting rules that went into effect on January 1, 2015. The letters provide the following guidance: An injury sustained in an accident that occurs while an employee is commuting between home and work in a company…

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Jun 03 2015
Harassment & DiscriminationHiring

Alert: Request for religious accommodation not required, says Supreme Court

A Muslim woman who wore a head scarf when she applied for a job at an Abercrombie & Fitch clothing store didn’t have to specifically request a religious accommodation to the store’s “Look Policy,” ruled the U.S. Supreme Court. The woman wore the scarf because she sincerely believed it was a requirement of her religion….

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May 25 2015
Disability

Transfer to previous role may have been reasonable accommodation for disability

The employee was an “environmental technician” and he had been successful in cleaning surgical rooms for a number of years. When the hospital assigned him to cleaning patient rooms, he struggled to complete the job and asked to be reassigned back to his prior role. The hospital was unwilling to return him. They argued he…

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May 18 2015
Drug and AlcoholQ&A

Anonymous tip on drug use alone not enough to justify test

Answer: The use of drugs in the workplace is on the rise, as we discuss in our post, “Positive drug tests on the rise.” However, this trend alone doesn’t give employers the right to jump to conclusions. An anonymous tip is not enough to require a drug test. Reasonable suspicion doesn’t mean you have to be…

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May 18 2015
Disability

Does temporarily changing a job function make it non-essential?

An employer has successfully defended its decision to terminate a supervisor, who was required to drive for his job but lost his driving privileges, after he refused to accept an offer of reassignment. The long-term employee suffered a seizure and lost his driver’s license until he was seizure-free for six months. The employer temporarily accommodated…

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May 11 2015
HiringQ&A

Designate representative to review remote employee’s I-9 documents

Answer: Delegate the task. Remember that employees must complete section 1 of the I-9 form by their first day of work, while employers must complete section 2 of the form and verify a new employee’s documents within three business days of starting employment. The United States Citizenship and Immigration Services (USCIS) states an employer’s responsibility…

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May 07 2015
Q&ATermination & Resignation

When should an employee sign a release agreement for severance pay?

Answer: Answer: It’s a good idea to require a terminating employee to sign a release agreement any time you offer compensation they are not already entitled to receive. The release or separation agreement does not need to be signed during the termination meeting; in fact, in some situations it will not be valid or enforceable…

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