Ask HR


Ask HR: How can I screen for a lifting requirement?

Dear HR: I own a small retail shop with a warehouse full of product. My employees have to load and unload heavy boxes. I know that I can’t ask applicant’s if they have any health problems or back injuries that would prevent them from doing the heavy lifting, but  I really don’t want to hire someone who’s not physically able to do the work. How am I supposed to find out if the people I […]


Ask HR: Employee requesting Paternity leave.

Dear HR: My employee wants to take two months off work because he and his girlfriend are having a baby. Do I have to let him have the entire two months off? They aren’t married and his girlfriend doesn’t work, so she will be home with the baby. If yes, will I have to pay him for the time he takes off?   HR Answer: Oregon Family Leave Act (OFLA) and Family and Medical Leave […]


Ask HR: Hiring Temp help – Can I pay cash?

Dear HR: Our office is moving to a paperless record-keeping system. We could use a couple of people just for a day or two to move our paper file boxes from our storage unit over to our office. My office manager volunteered her husband and teenage son for the job. Since the job is only a day or two, can I just pay them each $50 cash?   HR Answer: An employee is an employee […]


Ask HR: Is a Snow Day a Sick Day?

Dear HR: Do snows days qualify as sick days?   HR Answer: Snow days are not a legally accepted reason in which sick time may be used under the Oregon Sick Leave Law. If a business is closed due to weather, or if an employee is unable to get to work due to inclement weather–these absences are typically unpaid. Employees are only required to be paid for hours actually worked–even on days when they come in […]


Ask HR: Can we do “working interviews?”

Dear HR: We are recruiting a new chef for our restaurant. We have a reputation for having the best food in town so we need to be sure our potential new hire will be able to keep up with our fast-paced kitchen, and that their skills measure up. Can we have the top four applicants come in for an evening shift for a “working interview?”   HR Answer: Under wage and hour laws any work […]


Ask HR: Do I need to remove Holiday Decor?

Dear HR:  In our small office we enjoy decorating each year for Christmas. This year one of our new employees has stated that they do not want to have decorations in their work area for religious reasons. We moved all holiday décor to the other side of the office, but we’re wondering if we should remove all the decorations to keep our new employee happy? Our clients enjoy the holiday decorations and look forward to […]


Ask HR: Volunteers – Working time & taking calls

Dear HR: I have several staff members that are also volunteer firefighters. If all of them happened to be called to a fire at the same time, I would be so short-staffed I’d be forced to close my store until they return. Am I able to require them to take turns when they get calls?   HR Answer: Employers are generally not required to grant leave for volunteer firefighters of a rural fire protection district. […]


Ask HR: Leave Requested – What’s PTO? & OFLA?

Dear HR: My employee requested a leave of absence due to a serious injury that happened off-the-job. They have two weeks of PTO available and qualify for 12 weeks of OFLA leave. They are asking to take off a total of 14 consecutive weeks: 2 weeks paid and 12 unpaid. Do I have to honor the request? HR Answer: Employers may decide if PTO must be taken concurrently with OFLA. In this instance, you may […]


Ask HR: Can a Car be a Job Requirement?

Dear HR: My employee is consistently late and missing work because their ex-spouse took the car. So now I need to hire another person. May I require that applicants must have a car to apply for this job?   HR Answer: You may require a car depending on the position, but ONLY if the requirement is job related. For example, if you have a job opening that requires traveling in a car throughout the workday—like […]


Ask HR: Front line staff with dandruff.

Dear HR: Our new cashier has a bad habit of scratching their head while working, causing what appears to be dandruff and scabs to fall on their clothes, floor, and counter. What can I do or say?   HR Answer: As long as you have a legitimate business reason you may establish a dress code, hygiene rules and grooming standards, as long as your policy is nondiscriminatory. It is important that your employees have a […]