On September 7, 2012, the NLRB upheld an administrative decision finding that portions of Costco’s social media policy violated Section 8(a)(1) of the National Labor Relations Act (NLRA). Generally, Section 8(a)(1) prohibits employers from interfering with, or restraining, employees’ rights to engage in concerted activities. “Concerted activities” means two or more employees acting together in furtherance… Continue reading The NLRB Takes Aim at Costco’s Social Media Policy
The Bureau of Labor and Industries just announced the minimum wage in Oregon for 2013: $8.95 per hour – an increase of .15 cents an hour from 2012. The new rate goes into effect January 1, 2013.
The Technical Assistance Manual for Title I of the Americans with Disabilities Act has a trove of helpful information for employers, including comprehensive information about nondiscrimination in the hiring process. For example, the Manual instructs that employers may not ask the following questions in employment applications or during job interviews: Have you ever had or… Continue reading Questions NOT to ask of Job Applicants
Check out two recent Employer Advice Columns from the Oregon Bureau of Labor and Industries on calculating overtime for salaried non-exempt employees. cms.oregon.gov/boli/TA/docs/TA_Col_08-21-12_Overtime_2.pdf cms.oregon.gov/boli/TA/docs/TA_Col_08-28-12_Overtime_3.pdf
In EEOC v. Fry’s Electronics, the EEOC sued Fry’s for terminating a supervisor who reported that one of his employees was being harassed by their manager. The manager sent the employee sexually explicit text messages, and the supervisor followed Fry’s procedures by reporting the harassment to Fry’s legal department. Both the supervisor and employee were… Continue reading “Sexting” and Retaliation Costs Fry’s Electronics $2.3 Million Dollars
The use of non-competition agreements for physicians is the subject of significant dispute. Private practices that invest significant time and money in recruiting and training doctors want to prevent their investments from walking out the door to the practice down the street, while doctors want the freedom to change jobs without restriction. A recent settlement… Continue reading A Different Kind of Challenge to Doctor Non-Competition Agreements
The Computer Fraud and Abuse Act (CFAA) was enacted primarily as a criminal statute to prosecute hackers. Increasingly, employers are trying to use the CFAA to recover damages against employees who use or access the employer’s computers to misappropriate confidential and proprietary information. CFAA claims now routinely accompany claims against employees for misappropriation of trade secrets and… Continue reading Employees & the Computer Fraud & Abuse Act
A recent EEOC settlement serves as a reminder to employers not to make judgments about whether an employee can perform a job – especially when a doctor’s note provides objective information about the employee’s abilities. In the case, the employee suffered a brief epileptic seizure on his first day of work at the client facility… Continue reading Employers – Do Not Ignore Doctor’s Note re Employee’s Disability
As NPR reports, employers are increasingly seeking to cut healthcare costs by directly addressing the health habits of their employees. According to NPR, the range of programs implemented by employers ranges from circulating health risk questionnaires (meant to raise awareness of health issues) to offering sponsored fitness challenges, stress reduction classes and smoking cessation programs. http://www.npr.org/blogs/health/2012/08/10/158506049/yoga-on-commission-more-employers-pay-for-good-health-habits.
The Oregon Court of Appeals recently held that an employee who was terminated because he could not show up for work was discharged for misconduct connected with work where the employee’s reason for not showing up was that he was in jail following a conviction for DUII and reckless driving. Interestingly, the employee’s arrest did… Continue reading Employee DUII and Unemployment Benefits