Ask HR


Ask HR: Standing-desk evaluating needs vs. wants?

Dear HR: My company is working towards improving ergonomics with the goal that nearly everyone will eventually have a sit/stand desk. At this point, we provide these special desks a few at a time, as budget allows. We are currently distributing these desks in order of seniority, but we are also including anyone that has made us aware of any physical issue that would be helped by the sit/stand option. We are noticing a trend […]


Ask HR: Does working four 10-hour shifts require overtime pay?

Dear HR, Did Oregon’s manufacturing overtime rule change this year? I thought I saw a change last year for manufacturing that required both daily and weekly overtime. My question is—would four 10-hour shifts per week require any overtime pay?   HR Answer: The previous interpretation of the law by BOLI required the payment of overtime to manufacturing employees for BOTH daily and weekly overtime hours worked. Effective in August 2017, manufacturing employers should calculate overtime […]


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 […]


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)? […]


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 […]


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 […]


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 […]