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 […]
The United States Department of Labor (DOL) has changed the overtime exempt wage test rules under the Fair Labor Standards Act (FLSA) for some employee classifications. To be considered an exempt employee the new yearly minimum salary level is $47,476.00.
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 […]
Dear HR, I would like to offer more vacation time and a higher level of insurance to my managers. Is it legal for me to offer different benefit packages to my employees based on their job classification or work duties? HR Answer: Yes. It is legal to offer your employees different benefits as long as you are not distinguishing between your employees based on a protected class such as disability, religion, gender, race etc. […]
Tips for Minimum Wage Hike Survival: Employee Retention Employees are key to the success of your business. Just think how many of your employees interact with your customers, deliver service or sell your product. Once you have taken the time and effort to hire the right people, train and actively engage them, the next step is to KEEP those good employees.
