“Good Cause” for Resignation & Unemployment

Oregon law disqualifies individuals from collecting unemployment insurance if they “voluntarily left work without good cause.”  Generally, “good cause” for voluntarily leaving work “is such that a reasonable and prudent person of normal sensitivity,exercising ordinary common sense, would leave work.” OAR 471-030-0038(4).  An individual’s reason for quitting “must be of such gravity that the individual… Continue reading “Good Cause” for Resignation & Unemployment

Large Employer Subsidies to Employees for Health Insurance

Many large employers have been considering whether to discontinue group health care coverage and, instead, provide subsidies to employees to purchase health insurance through public health insurance marketplaces.  NPR has a great explanation of the pros/cons of such a decision. http://www.npr.org/blogs/health/2014/05/28/316669832/can-employers-dump-workers-on-health-exchanges-yes-for-a-price

Will Oregon Same-Sex Marriage Ruling Impact Oregon Employers’ Policies?

Probably not – if the employers are already compliant with Oregon’s rules regarding same-sex domestic partners.  As early as 2008, Oregon law required employers to treat same-sex domestic partners the same way “spouses” are treated with respect to benefits and other terms of employment.  Thus, with the exception of amending policies to reflect that a… Continue reading Will Oregon Same-Sex Marriage Ruling Impact Oregon Employers’ Policies?

“Aiding and Abetting” Discrimination under Oregon Law

Pursuant to ORS 659A.030(1)(g) it is an unlawful employment practice for an employee or an employer to “aid, abet, incite, compel, or coerce the doing of any act…” prohibited by Chapter 659A.  A recent BOLI Final Order explains that “Aiding and abetting, in the context of an unlawful employment practice, means ‘to help, assist, or… Continue reading “Aiding and Abetting” Discrimination under Oregon Law

Supplier of Drywall Workers Costs Client $600,000

Paul Jones Drywall, Inc., an Arizona drywall contractor (PJD) obtained drywall workers from Arizona Tract, LLC, a construction labor contractor (ATL).  ATL classified the workers as “member/owners” instead of as employees, thus disqualifying them from receiving minimum wage and overtime from PJD.  After a DOL investigation finding that at least 445 workers were misclassified, PJD… Continue reading Supplier of Drywall Workers Costs Client $600,000

Time to Revise Your ADA Reasonable Accommodation Policy

If you have a Reasonable Accommodation Policy that is used to obtain information from employees as part of the interactive process under the Americans with Disabilities Act (ADA), the EEOC has some suggestions about the legality of terms typically included in such policies. Instead of using complicated, overly-detailed forms, the EEOC advises employers to ask… Continue reading Time to Revise Your ADA Reasonable Accommodation Policy

Fred Meyer Pays $487,500 for Ignoring Customer Harassment of Employees

An employer can be liable for third-party harassment of its employees if the employer has knowledge of the harassment and fails to take action to prevent the illegal behavior.  According to the EEOC, Fred Meyer knew a customer repeatedly made lewd comments to female employees at its store in Oak Grove, and was aware of multiple incidents… Continue reading Fred Meyer Pays $487,500 for Ignoring Customer Harassment of Employees

Proposed Changes to COBRA Notices

Employers who are covered by the Consolidated Omnibus Budget Reconciliation Act (COBRA)(generally employers with 20 or more workers) should be aware that the Department of Labor has changed, and is continuing to update, model COBRA notices. On May 2, 2014, the Obama Administration announced additional updates intended to: “make it clear to workers that if… Continue reading Proposed Changes to COBRA Notices