U.S. Citizenship and immigration Services (USCIS) issued a newer version of the Form I-9 on July 17, 2017. This form use is mandatory beginning September 18, 2017. The newest version contains very subtle changes to the instructions section and to the list of acceptable documents. These minor changes are a great reminder to employers that Section 1 must be completed “at the time of hire.” Now is a great time to review your company hiring […]
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 […]
What Every Oregon Employer Needs to Know Governor Kate Brown signed Oregon House Bill 2005 on June 1, 2017. Most of the provisions of the new Oregon Equal Pay Act of 2017 (EPA) go into effect on January 1, 2019. Oregon’s EPA establishes significant penalties for pay discrepancies between those in protected classes and those who are not. Oregon’s EPA makes it an unlawful employment practice for employers to: Screen job seekers based on current […]
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 […]
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 […]
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 […]
Oregon may be the first to implement state-wide predictive scheduling rules. The predictive scheduling bills are designed to give employees advanced notice of their work schedules. This bill is designed to cut-down on last minute shift changes that can be common in industries such as retail, hospitality and food service. Employers changing schedules past their due date may be required to pay employees for the change – and allow employees to refuse some schedules. This […]
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 […]
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 […]
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 […]
