Reminder – Retail, Hospitality, and Food Service Providers Required Poster

As of July 1, 2018, certain retail, hospitality, and food service providers are required to post the BOLI Employee Work Schedules Law poster available here:  Work Schedule Poster Any employer in these industries with 500 or more employees worldwide must post this Poster in a conspicuous location to inform employees of their rights to certain… Continue reading Reminder – Retail, Hospitality, and Food Service Providers Required Poster

No Pay Required at Wellness Fairs

The U.S. Department of Labor issued an opinion letter on August 28, 2018, that certain “wellness activities” are not considered compensable work time.  Wellness activities such as attendance at wellness fairs, health screenings, and health coaching are not compensable work time provided attendance is not mandatory, the employer receives no direct benefit, and such activities… Continue reading No Pay Required at Wellness Fairs

Changes to FCC Enforcement of Media Bias

The Federal Communications Commission (“FCC”) announced administrative changes that give the FCC more enforcement potential for claims of media bias.  Enforcement activity was essentially moved from the media bureau to the enforcement bureau, which adds a teams of lawyers available for enforcement actions.  Media related businesses should contact legal counsel with questions regarding whether these… Continue reading Changes to FCC Enforcement of Media Bias

OSHA Form 300A Deadline is July 1, 2018

Employers with 250 employees or more, and certain high risk employers with 20 or more employees are required to submit Form 300A (2017) to the Occupational Safety and Health Administration to report injury and illness records.  The deadline for electronically submitting Form 300A is July 1, 2018. For more information on whether your business is required… Continue reading OSHA Form 300A Deadline is July 1, 2018

Inability to Work Overtime is Not a Disability

The U.S. District Court for the District of Oregon held in a recent case that an employee who was unable to work more than a 40 hour work week due to various conditions, was not disabled under the Americans with Disabilities Act (“ADA”).  Such an inability to work overtime, absent other facts, does not constitute a substantial… Continue reading Inability to Work Overtime is Not a Disability

Oregon Employer Lactation Room Requirements

Relating to Friday’s blog post about an Arizona case involving a “suitable space” for employees to pump breast milk, Oregon (unlike some other states) has a codified rule regarding these requirements.  ORS 653.077(5) requires employers to make a reasonable effort to provide a private location close to the employee’s workstation, which is not a public… Continue reading Oregon Employer Lactation Room Requirements

Suitable Space to Pump Required under FLSA

An employee in Arizona recently filed suit against her employer for not providing a suitable space to pump breast milk while at work.  The employee was assigned to various locations and some, but not all of those locations provided suitable spaces.  In this Arizona case, some of the subject spaces merely needed a lock on… Continue reading Suitable Space to Pump Required under FLSA

Harassment and PTSD

A manufacturer in Wyoming agreed to pay $75,000 to settle an EEOC suit alleging that a supervisor harassed an employee about his military service-related Post Traumatic Stress Disorder (PTSD).  The suit alleged that the supervisor referred to the veteran-employee by derogatory terms and ridiculed the employee’s PTSD treatments. In addition to the settlement payment, the… Continue reading Harassment and PTSD

Time to Update Safety Procedures and Drug Policies

According to the Bureau of Labor Statistics’ Census of 2016, fatal occupational injuries show a 7% increase in workplace fatalities in 2016.  Notably, injuries caused by violence and overdoses increased by 23% and 32%, respectively.  For more details, see the Census HERE. With such stark increases emerging, it is critical that employers review and update… Continue reading Time to Update Safety Procedures and Drug Policies

US DOJ Rescinds Guidance Documents Regarding Disability

On December 21, 2017, Attorney General of the US Department of Justice, Jeff Sessions, announced the rescission of 25 agency guidance documents on the basis that he considers them unnecessary, inconsistent, and improper.  Many of the newly rescinded documents relate to guidance regarding disability issues.  It is expected that the DOJ will continue to rescind… Continue reading US DOJ Rescinds Guidance Documents Regarding Disability