Yearly Archives: 2017


Ask HR: Employee may NOT be insurable – May I terminate?

Dear HR, My employee has been bragging to co-workers about getting a speeding ticket and a cell phone ticket recently. Our company insurance policy states that: No employee between ages 18-25 shall have more than one driving infraction within three years No employee age 25 and older shall have two or more driving infractions within three years. Under our policy, my employee may no longer be insurable (for the next three years) if he really […]


Ask HR: Lowering an Employee’s Pay- Is that legal?

Dear HR, My employee has been here about 60 days now and I can honestly say that his skill set is not much higher than the day we hired him. We really like him, his attendance is good, he is punctual, he seems to like working here, but I cannot justify his pay rate. He is very slow and has very low learning curve even on basic tasks for our industry. His foreman is really […]


NEW Oregon Mandated Retirement Plan

Oregon Mandates a Retirement Plan FOR ALL EMPLOYERS In 2015, Oregon’s state legislature wanted to address Oregonians’ lack of retirement saving. Due to an alarming amount of individuals with no retirement savings, Oregon forged ahead as the first state to create a mandated retirement plan. The plan was crafted with the overall goal of giving Oregonians an easier way to save for retirement.   The legislature passed the Oregon Retirement Security Bill, HB 2960 which […]


Ask HR: Employee needs time off for surgery- What type of leave is that?

Dear HR: My current employee has asked about taking time off to have a surgery. They anticipate being off for a couple of months during recovery and are hoping to be able to continue employment after they return from their previously planned two week cruise at the end of the summer.  Would this time off be something that falls under the Oregon Family Leave Act (OFLA) or the federal Family and Medical Leave Act (FMLA)? […]


ALERT: Federal Government Form I-9

U.S. Citizenship and immigration Services (USCIS) issued a newer version of the Form I-9 on July 17, 2017. This form use is mandatory beginning September 18, 2017. The newest version contains very subtle changes to the instructions section and to the list of acceptable documents. These minor changes are a great reminder to employers that Section 1 must be completed “at the time of hire.” Now is a great time to review your company hiring […]


Ask HR: Using Paid Sick time on a check already paid?

Dear HR: An employee wants to use a paid sick day for our previous pay period that has already been paid. They forgot to turn in their request in time to get it on their last paycheck. Are we required to pay sick time after a pay period as passed? Can I say no since they didn’t turn their request form in to their manager in the proper time frame?   HR Answer: You should […]


NEW Oregon Equal Pay Act

What Every Oregon Employer Needs to Know Governor Kate Brown signed Oregon House Bill 2005 on June 1, 2017. Most of the provisions of the new Oregon Equal Pay Act of 2017 (EPA) go into effect on January 1, 2019. Oregon’s EPA establishes significant penalties for pay discrepancies between those in protected classes and those who are not. Oregon’s EPA makes it an unlawful employment practice for employers to: Screen job seekers based on current […]


Ask HR: Can I deny OT for lack of work done?

Dear HR: Can I deny paying overtime if there’s no evidence of work being done?   HR Answer: No, overtime must be paid even if it hasn’t been authorized in advance. You can discipline employees that violate your policy by working overtime without required authorization. You can also discipline your employee for poor performance based on the (lack of) quantity or quality of work accomplished. However, wage and hour laws require that you compensate the […]


Ask HR: How to go about Random Drug Testing?

Dear HR: I suspect a couple of my employees are using drugs, can I send them in for a random drug test? Or should I test the entire department? Or should I test my entire staff? What can I do?   HR Answer: If you suspect a certain employee is under the influence or showing signs of impairment, you may instead, opt to test a specific employee based on ‘reasonable suspicion.’ The good news is […]


Ask HR: Can I restrict lunches to on campus only?

Dear HR:  I have several employees that are constantly late when returning from their 30 minute lunch break. This is quite disruptive to business and the other employees are noticing. May I implement a policy that requires all staff to stay on the premises during their lunch breaks?   HR Answer: Yes. Requiring employees to remain on the premises during the lunch break is permitted under current Federal and State regulations. Even if you require […]