Washington State Proposes Changes to Overtime Rules

The Department of Labor & Industries (L&I) recently proposed changes to Washington State’s overtime rules. Under the proposed changes, the minimum pay a salaried worker must receive to be considered exempt would increase incrementally to 2.5 times the state minimum wage by 2026. The first increase for most employers would take place July 1, 2020.… Continue reading Washington State Proposes Changes to Overtime Rules

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

New BOLI Rules for Calculating Payment of Minimum Wage

The first annual increase to Oregon’s minimum wage takes effect on Friday, July 1, 2016.  The rate of increases varies depending on geographic location.  The minimum wage in non-urban counties will increase to $9.50 per hour, while the minimum wage in the rest of the state increases to $9.75 per hour. The Bureau of Labor… Continue reading New BOLI Rules for Calculating Payment of Minimum Wage

New DOL Rules on Overtime

We previously posted about the Department Labor’s proposed rule changing the salary requirements for exempt administrative and executive employees.  Initially, there were suggestions that the new rule would go into effect in January 2016 (with an increase in the minimum weekly salary from $455 per week to $970 per week).  It now appears that the DOL… Continue reading New DOL Rules on Overtime

Supreme Court says No Pay for Employee Security Screening Time

Last week,the Supreme Court addressed whether an employer must pay for time an employee spends waiting to go through security after the end of a shift.  The case involved temporary workers at an Amazon warehouse in Nevada who sought pay for time spent waiting to go through security screeningsbefore leaving the warehouse.  The Supreme Court… Continue reading Supreme Court says No Pay for Employee Security Screening Time

Oregon Gets $500,000 for Worker Misclassification Detection

Today the Department of Labor announced $10.2 million dollars in funds to implement or improve worker misclassification detection and enforcement initiatives in unemployment insurance programs.  According to the DOL, the funds will be used to increase the ability of state unemployment insurance tax programs to identify instances where employers improperly classify employees as independent contractors or… Continue reading Oregon Gets $500,000 for Worker Misclassification Detection

“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

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

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

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