Yearly Archives: 2017


LEGISLATIVE UPDATE: Predictive Scheduling

Oregon may be the first to implement state-wide predictive scheduling rules. The predictive scheduling bills are designed to give employees advanced notice of their work schedules. This bill is designed to cut-down on last minute shift changes that can be common in industries such as retail, hospitality and food service. Employers changing schedules past their due date may be required to pay employees for the change – and allow employees to refuse some schedules. This […]


Ask HR: Can I push back employee payday for late timecard?

Dear HR:   I have an employee that is consistently turning in his time card late. Maybe if he gets paid late, he will remember to turn it in on time to begin with. Since he keeps turning it in late, can I just keep it and turn it with the next pay-period?   HR Answer: Unfortunately it is considered an unlawful employment practice to withhold payment of wages until next pay period, even when […]


Ask HR: Applicant failed drug test. Can I still hire them?

Dear HR: We just offered a position to a fantastic applicant with great experience and references. The problem is—they failed the pre-employment drug test and admitted that they had some “recreational marijuana” brownies last week. The applicant claims that they didn’t think it would be an issue since pot is legal in Oregon now. Can I still hire them?   HR Answer: The answer is maybe. Marijuana still remains illegal under federal law, so employers […]


Ask HR: Are there special rules for hiring minors?

Dear HR: I’ve never hired a minor before. I met a student from the local high school that seems like they would be a great fit working in my retail shop. Are there special rules for hiring minors that differs from adults?   HR Answer: Yes! Current laws define a “minor” as anyone under the age of 18. In Oregon, minors must generally be at least 14-years-old for employment. Prior to hiring a minor in […]


Ask HR: Is jury duty pay required?

Dear HR: Do I have to pay my employee when they are off work serving jury duty? HR Answer: The answer is generally no, but also depends upon your policy. Current laws allow an employee time away from work to serve jury duty without retaliation from the employer, but the laws do not require the time be paid. Many employers choose to compensate employees as a thank you for their service to the community. Since […]


Ask HR: How to implement dress code?

Dear HR: Spring is here –I’m wondering about implementing a company dress code before the warmer weather is here to stay. Some of my female employees show up in flip flops, tops with spaghetti straps and low cut shirts. A few male employees come in wearing casual shorts and sandals with socks. (Yes, sandals with socks!) May I require my employees to present/dress themselves in a professional manner, since we all interact with the public? […]


Legislative Update: Employees and the use of Recreational Marijuana

Currently, the use of marijuana in Oregon can still cause employees to lose their jobs.  Even though recreational marijuana is legal in the District of Columbia and seven states besides Oregon—and medical marijuana is now approved in 28 states—there are currently no Oregon employment-related legal protections for using marijuana recreationally.   Oregon State laws pertaining to employment Oregon state law protects citizens from state and local criminal prosecution for using, growing, and possessing marijuana. It […]


Ask HR: Staff volunteering at religious-based event. Is that ok?

Dear HR, We own a retail shop, and once a month my family participates in a volunteer day for needy families in the community. We want to ensure it will not be an issue if our employees also participate by volunteering with us. It is not mandatory that the employees participate and it’s during a time when our shop is closed. It is a Christian-based event, but we don’t talk about religion, we just help […]


Ask HR: Employee showing up un-showered. What can I say?

Dear HR, My employee is showing up to work dressed in very wrinkly clothes (looks like they pulled them straight from the laundry basket), and their body odor makes my eyes water. I actually had a customer complain about it yesterday. What can I do or say?   HR Answer: Having an employee with hygiene issues can be a delicate situation. As long as you have a legitimate business reason (such as your employee interacting […]


Oregon Legislative Update – March 2017

Pending Laws that will Impact Employers As the United States federal government is stealing most of the limelight, it can be easy to forget that the Oregon Legislature is in session and working on several bills that can profoundly impact Oregon employers. At the moment there are four notable bills that are making the rounds within the legislature.   House Bill 2193: “Relating To Employee Work Schedules” Better known as ‘Secure Scheduling’ by its advocates, […]