There is no question that the use of social media by employers and employees is a hot topic. Legislatures across theUSare considering whether employers should be allowed to demand access to employee and prospective employee’s facebook pages and other personal media, and employers are struggling to control employee abuse of social media. A California Court… Continue reading Employer Liability for Employee Blog Posting
On May 21, 2012, the Ninth Circuit Court of Appeals held that theADAdoes not protect against discrimination on the basis of marijuana use, even if the use is supervised by a doctor in accordance with state law. http://www.ca9.uscourts.gov/datastore/opinions/2012/05/21/10-55769.pdf TheADA’s definition of an “individual with a disability” does not include an individual who is currently engaging… Continue reading Medical Marijuana Use is Not Protected by the Americans with Disabilities Act
On May 21, 2012, a jury inMultnomahCountyawarded two employees $332,000 in damages, finding that the employees were fired in retaliation for cooperating with an OSHA investigator. The investigator, who visited the work site and interviewed the employees, later cited the employer for failing to provide bathrooms for employee use. In addition, one of the employees… Continue reading Make Bathrooms Available to Your Employees
On May 17, 2012, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced its intent to establish a Whistleblower Protection Advisory Committee. The committee will advise, consult with and make recommendations to the Department of Labor on ways to improve the efficiency, effectiveness and transparency of OSHA’s administration of whistleblower protections. OSHA’s… Continue reading OSHA Committee Established to Improve Protection for Whistleblowers
A recent Ninth Circuit Court of Appeals’ decision is a reminder that employee claims for retaliation can succeed even where the employee’s claims for discrimination fail, and that the shorter the time period between the protected activity and the adverse employment action, the more likely an employee’s retaliation claim will survive summary judgment. In Alioto… Continue reading Reminder – Retaliation Claim Can Succeed even if Discrimination Claim Fails
The EEOC just released its state by state statistics on charges filed with the Agency in 2011. InOregon, 257 total charges were filed in 2011, down from 271 in 2010. The charges filed by type of claim stayed fairly even, with the exception of a slight increase in charges for race discrimination and a larger… Continue reading EEOC Releases Statistics of Charges Filed by State
First, if you are in Oregon, make sure you have your Annual Employment Certificate from the Child Labor Unit of BOLI.* Second, think about investing in BOLI’s new Child Labor Laws Reference Manual. Third, if you don’t order the Manual, be careful to learn the rules about the kinds of jobs minor employees can and… Continue reading Getting Ready to Hire Kids This Summer?
In 2011, two unpaid interns who worked on Fox Searchlight’s movie, Black Swan, sued the studio alleging that it violated the law by failing to pay them minimum wage and overtime. Their jobs included making coffee, completing purchase orders and obtaining signatures on documents. In early 2012, an former intern at Harper’s Bazaar filed a… Continue reading Interns – When is it OK to Work for Free?
The US Supreme Court recently confirmed the applicability of the First Amendment’s “ministerial exception,” which precludes the application of employment discrimination laws to ministers. In Hosanna-Tabor Evangelical Church and School v. EEOC, 132 S.Ct. 694 (2012), the Supreme Court held the ministerial exception precluded a teacher’s claim of disability discrimination against her church school employer. The… Continue reading US Supreme Court Confirms Ministerial Exeption
On April 25, 2012, the EEOC issued Enforcement Guidance to Employers on use of Arrest and Conviction Records in Employment Decisions. Oregon and Federal law permit employers to do criminal background checks of applicants as part of the hiring process. Yet, because African Americans and Hispanics are arrested and incarcerated in numbers disproportionate to their representation in… Continue reading EEOC Enforcement Guide to Use of Arrest and Conviction Records