There are state rules and regulations that govern when an employee’s final check must be paid. The timelines for issuing a “final paycheck” vary based on reason why the separation occurred – whether they quit with notice, or employee was terminated, etc. Penalty for Withholding Final Wages Failing to pay any part of an employee´s final wages on time causes the compensation due to the employee to continue to rack-up— at the same regular hourly […]
Dear HR, Can I simply tell a problem employee that their services are no longer needed? Or should call it a lay off? Since Oregon is ‘At Will’, I really don’t want to give a reason because I’m afraid I might get sued. HR Answer: Yes Oregon is an ‘At Will’ employment state, which means an employer or employee may terminate the employment relationship at any time without giving a reason. Although it is […]
Dear HR, We have an employee, who seems to be using their accrued sick leave as quickly as they are earning it. They seem to be sick every Monday … Can we ask the specifics of the illness or demand a doctor’s note? Can we discipline or terminate for using excessive sick leave? HR Answer: You typically have a bona fide business reason to ask questions to determine how to track absences and whether […]
Dear HR, My employees seem to be on their cell phones all the time. Am I allowed to implement a policy stating that every employee must leave their cell phone in a cubby during working hours? Breaks and lunch would not be included. HR Answer: Yes you may implement a cell phone policy and focus should be on ‘enforcing the policy’. If you would like assistance adding new policy to your handbook, please feel […]
In November, voters will be asked to raise taxes on C Corporations, those taxed separately from its owners. Measure 97 would tax corporations 2.5{0c2d428c3cefef4a77c472786cabf3d957ca1c1fde265c02f19cd1ec2d7db907} of gross sales over $25 million. The measure would increase the state’s annual revenue by one-third, from approximately $9 billion to an estimated $12 billion. Measure 97 was designed as a revenue “cure” for Oregon’s state budget public pension/PERS shortfall.
Dear HR, We are looking at a prevailing wage job in another city. The current rules on travel time require employees be paid the prevailing rate at the various worksites to the project. I want to confirm this does not mean they are to be paid prevailing wage while driving between sites. HR Answer: Prevailing wage rules only require prevailing wage rates while the employee is working on the job site, so drive time […]
Dear HR, My new employee claims that they won’t pass the pre-employment drug test because they smoked marijuana last weekend. May I still hire them since Marijuana is now legal in Oregon? HR Answer: Yes…No… or Maybe! An evaluation of the position’s responsibilities and safety risk… combined with your company’s DRUG TESTING policy, need to be considered. Under some circumstances employers may make exceptions to their own policies. If you would like assistance reviewing […]
Dear HR, One of our employees—who has only been working for us a few weeks—fell off a skateboard and hurt their wrist. They requested for shifts to be covered for a week or so. Saturday night, the employee left a message that the injuries were more extensive than originally thought and needed to be off for six weeks. Due to the time off needed to recover, they stated it is understood if we needed to […]
The United States Department of Labor (DOL) has changed the overtime exempt wage test rules under the Fair Labor Standards Act (FLSA) for some employee classifications. To be considered an exempt employee the new yearly minimum salary level is $47,476.00.
Dear HR, My employee has used all of their family leave and sick time and now he still cannot return to work, can I terminate? HR Answer: Maybe. You should apply your absenteeism and leave policies to determine if you will allow extra time off. Just remember that absences counted as family leave may in no way count against your employee, or be used as grounds for discipline. Other laws, such as injured worker […]
