Ask HR

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

This entry was posted in Ask HR and tagged Drug Testing Recreational Marijuana on

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?

This entry was posted in Ask HR and tagged Child Labor Laws on

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?

This entry was posted in Ask HR and tagged Paid Time Off (PTO) Wage & Hour on

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?

This entry was posted in Ask HR and tagged Dress Codes Employee Handbook on

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

This entry was posted in Ask HR and tagged Drug Testing Recreational Marijuana on

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?

This entry was posted in Ask HR and tagged Time & Attendance Wage & Hour on

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?

This entry was posted in Ask HR and tagged Dress Codes Employee Handbook Employee Reviews on

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 […]

Ask HR: Does PTO cover Sick & Vacation leave?

This entry was posted in Ask HR and tagged Affordable Care Act (ACA) Paid Time Off (PTO) Sick Leave on

Dear HR, This new sick time law is still so confusing! My company offers 40 hours of PTO to our employees every year on January 1st. PTO can be used for vacation days, personal time, or any qualifying sick time reason.  One of my employees used his 40 hours of PTO in February to go on vacation. Now they want to use 8 hours of sick time for an absence last Monday when he was home […]

Ask HR: Help, Employee is Repeatedly late!

This entry was posted in Ask HR and tagged Employee Retention Time & Attendance on

Dear HR: I have an employee that is late all the time. If they are late again tomorrow, may I send them home and suspend for a day? Or will I have to pay ‘show-up’ pay? Please help!   HR Answer: Poor performers and the chronically late employee are inevitable. Try not to let issues build up to the point where you are forced into a hasty decision such as an immediate on-the-spot suspension. The […]

Ask HR: Workplace conflict – Is it harassment?

This entry was posted in Ask HR and tagged Employee Handbook on

Dear HR: I have two employees that just can’t seem to get along. They are always complaining about each other. Other employees have mentioned that both of them are difficult to work with due to this issue and that they are constantly complaining about each other to co-workers. Is this harassment?   HR Answer: It does not appear these statements and behaviors meet the legal definition of ‘harassment.’ Harassment is behavior directed to another because […]