Dear HR: We are busy, and are exploring the addition of one or possibly two shifts. We currently have a Sunday through Saturday work week, and have employees going into overtime sometimes as early as Thursday. We are wondering about having multiple work weeks with the intent of reducing overtime. HR Answer: There does not appear to be any wiggle room under State and Federal wage laws as far as tweaking work weeks or […]
Dear HR: My employee is scheduled to work eight hours per shift. They are clocking in early and staying late all the time causing several over time hours per week. Can I just pay them for the eight hours they were scheduled for each shift? HR Answer: Under Federal and Oregon wage laws, employers are required to pay employees for all work that is ‘suffered or permitted’ to work. Even if you did not […]
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 […]
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 […]
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 […]
Dear HR, I would like to hire my 14-year-old daughter to work in my retail store. Is it legal to pay her less than minimum wage? HR Answer: Yes and No. Yes, you may employ your child—but you must pay minimum wage. Under Oregon Law, parents who employ their own children must still comply with similar rules for other employers such as: Obtaining appropriate BOLI Employment Certificates Complying with the maximum hours and working […]
