Survey says: More Employers Addressing Use of Social Media

Yesterday, the Proskauer law firm issued a global survey of social media use in the workplace.  One interesting finding in the survey is that the percentage of employers taking disciplinary action against employees for misuse of social media has increased significantly from 35% in 2012 to 70% in 2014.  The Survey looked at how the… Continue reading Survey says: More Employers Addressing Use of Social Media

More Washington State Workers’ Compensation Fraud

A Washington taxi driver was recently sentenced to 20 days in jail and ordered to repay $14,000 to the Washington Department of Labor & Industries (L&I) for fraud. The driver filed for workers compensation benefits after an injury, and signed multiple documents from 2008 to 2012 in which he stated that he was not employed… Continue reading More Washington State Workers’ Compensation Fraud

Oregon Appeals Court Looks at Standard for Independent Contractors

Most employers are aware that there are three different statutory tests for determining if an individual is an employee or an independent contractor. One of the elements of the test applied by the Oregon Department of Revenue and Employment Department, among other agencies, is whether the individual is: “free from direction and control over the… Continue reading Oregon Appeals Court Looks at Standard for Independent Contractors

Intermittent Leave and Exempt Employees OFLA vs. FMLA

There are a few instances when the Oregon Family Leave and federal Family Medical Leave Act (FMLA) differ materially. One difference is how the laws treat pay for exempt employees taking intermittent leave. Generally, to be exempt, an employees must perform certain duties and be paid a salary. Oregon and federal law permit certain salary… Continue reading Intermittent Leave and Exempt Employees OFLA vs. FMLA

Reminder of Changes to COBRA Election Notice

Did you know that your COBRA notice has to tell employees that they might be able to get cheaper health care coverage through the Health Insurance Marketplace under the Patient Protection and Affordable Care Act aka Obamacare? Last May, the Department of Labor revised its model COBRA election notice to include the following language: “There… Continue reading Reminder of Changes to COBRA Election Notice

A WARN Act Warning

Under the federal Worker Adjustment and Retraining Notification Act (“WARN”) employers with more than 100 employees are required to give 60 days’ advance written notice of impending layoffs. Notice must be given in the event of a plant closing or mass layoff, both of which are specifically defined in the statute. An employer need not… Continue reading A WARN Act Warning

Men Can Sell Beauty Products Too

Yesterday, the EEOC announced a $354,250 settlement with Ventura Corporation, an employer who was alleged to have engaged in a pattern and practice of refusing to hire men as managers for its wholesale makeup, beauty products and jewelry sales business. Part of the settlement was paid to a male employee who was promoted after complaining about the… Continue reading Men Can Sell Beauty Products Too

Exempt Employee Absences for Personal Reasons

As we posted last week, generally, if an exempt employee performs any work during the workweek, he or she must be paid their full salary.   One exception is that an employer need not pay an exempt employee for a full day absence from work for personal reasons. For example, if an exempt employee has exhausted… Continue reading Exempt Employee Absences for Personal Reasons