Yesterday, the EEOC filed a lawsuit against an employer for pregnancy discrimination after the employer revoked a job offer upon learning that the applicant was pregnant. Before learning of the pregnancy, the employer had interviewed the applicant four times, given her positive feedback, and then authorized the staffing company that proposed the applicant to make her… Continue reading Considering Applicant’s Pregnancy a “Deal-Breaker” Gets Employer Sued
Month: January 2014
DOL Clarifies Definition of Son or Daughter over 18 under the FMLA
Under the FMLA, a parent is entitled to take FMLA leave to care for a son or daughter who is older than 18, only if the son or daughter: (1) has a disability as defined by the ADA; (2) is incapable of self-care due to that disability; (3) has a serious health condition; and (4) is… Continue reading DOL Clarifies Definition of Son or Daughter over 18 under the FMLA
Oregon Employees Not Required to Provide Access to Social Media
Effective January 1, 2014, Oregon House Bill 2654 prohibits employers from requiring employees and applicants to disclose personal social media content. Employers are also prohibited from retaliating against and employee or applicant who refuses to provide access to accounts or to add their employer to a contact list. Employers may, however, require an employee to… Continue reading Oregon Employees Not Required to Provide Access to Social Media
EEOC Alleges Employer Refused to Hire Deaf Applicant
Sometimes an employer can get in trouble for changing its mind. This is especially true when the change involves a decision to rescind an offer of employment to an applicant with a disability. Yesterday, the EEOC sued an employer changing its mind about whether to hire a deaf applicant. Allegedly, the employee was offered two… Continue reading EEOC Alleges Employer Refused to Hire Deaf Applicant
City of Portland Sick Time Update
The City of Portland just released a series of frequently asked questions (FAQ) about the 240 hour eligibility requirement for the Portland Sick Time law. The revised FAQs clarify that employers do not need to count hours worked in 2013 for purposes of the 240 hour eligibility requirement. The City explains: Q. If an employee… Continue reading City of Portland Sick Time Update
Employee Family Medical History is Off Limits to Employers
A recent EEOC settlement is a reminder that the Genetic Information Nondiscrimination Act (GINA) prohibits employers from requesting genetic information (which includes information about an employee’s family medical history) and from making employment decisions based on genetic information. The settlement arose from a case in which the EEOC alleged, among other wrongdoing, that an employer requested information… Continue reading Employee Family Medical History is Off Limits to Employers
Possible Conflict between FLSA vs. Oregon Law on Deductions from Final Paychecks
Earlier this week, the Ninth Circuit Court of Appeals affirmed a decision from a California District Court holding that an employer did not violate the Fair Labor Standards Act (FLSA) when it withheld wages from employees’ final paychecks to repay outstanding balances due on credit cards guaranteed by the employer. The Court explained that since the… Continue reading Possible Conflict between FLSA vs. Oregon Law on Deductions from Final Paychecks
Oregon Court of Appeals Looks at the Definintion of “Employer” for Penalty Wages
Last week the Oregon Court of Appeals issued a decision that addressed, in part, whether the definition of “joint employer” for purposes of wage payments could be the basis of a decision that defendant entity was also an “employer” for the purpose of awarding penalty wages. At trial, a jury had returned a special verdict… Continue reading Oregon Court of Appeals Looks at the Definintion of “Employer” for Penalty Wages
