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Ten Things Oregon and Washington Employers Should Know For 2022
December 29, 2021
As 2021 comes to a close, here are ten things employers in Oregon and Washington should know.
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Massachusetts: Firing an Employee for Filing a Rebuttal in Their Personnel File Violates Public Policy
December 23, 2021
In Massachusetts, employees have a statutory right to respond in writing to anything negative their employer puts in their personnel file unless the employer agrees to make changes that are satisfactory to the employee. But is that right limited in any way?
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Extraordinary Workplace Misconduct: Bah Humbug!
December 8, 2021
In this season of joy and giving, we ran across our next instance in our occasional series of craziness in the workplace. This one involves the embodiment of Scrooge (before he found the Christmas spirit, of course).
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Ontario Passes the Working for Workers Act, 2021
December 2, 2021
New rules affecting employment relationships in unprecedented and varying ways have been made as a result of the Ontario Government passing Bill 27, the Working for Workers Act, 2021 (“Bill 27”).
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Extraordinary Workplace Misconduct: Multitasking … While Performing Surgery
November 23, 2021
In our occasional series of outrageous workplace conduct, the marked increase in remote work during the pandemic has created interesting opportunities for employees to engage in some poorly-considered multi-tasking.
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Correctly Calculating the FLSA Regular Rate - A Common Pitfall of the FLSA
November 23, 2021
The Fair Labor Standards Act mandates that non-exempt employees be paid one and one-half times their regular rate for all hours worked over forty (40) in a given workweek. However, calculating overtime pay correctly can be tricky when an employee works at two or more different rates during a single workweek.
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Ontario: Teacher Found Not Guilty for Student Drowning; What Does This Say About the Burden of Proof in OHS Criminal Cases?
October 28, 2021
On one unfortunate day in July 2017, a 15-year-old boy drowned while swimming in a lake on a school wilderness canoe trip. The teacher supervising the group of students that was swimming, Mr. Nicholas Mills, was charged with criminal negligence causing death.
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Deducting Non-Exempt Employee Meal-Breaks While Traveling: Eleventh Circuit Serves-Up Heartburn for Employers
October 21, 2021
Recently, two federal courts of appeals could not agree on what seems to be a straightforward question: Can an employer deduct for a meal break when traveling employees have no other duties while in transit?
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Employers – Do Not Ignore Confederate Flag Sightings in the Workplace!
October 20, 2021
In Moore v. Conn. Dept. of Corrections, a federal court judge recently denied an employer’s efforts to have an employee’s hostile work environment claim thrown out. The employee alleged that she walked past another employee’s Confederate flag license plate at least 100 times when entering and exiting the workplace.
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Extraordinary Employee Misconduct: Making Snowboarding Movies While on FMLA?
October 8, 2021
A former Behavior Detection Officer for the TSA who worked at the Honolulu International Airport was fired for Family and Medical Leave Act abuse after his employer discovered that he was making snowboarding movies while apparently using FMLA to take an extended vacation.
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Employers Beware! Private Arbitration Agreements Won’t Stop DOL Lawsuits
September 30, 2021
The U.S. Department of Labor recently highlighted a federal court ruling that private arbitration agreements will not prevent the federal Secretary of Labor from bringing suit against an employer for violation of the Fair Labor Standards Act.
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NLRB to Classify College Athletes as Employees
September 30, 2021
On September 29, NLRB General Counsel Jennifer Abruzzo issued a Memorandum (GC 21-08) in which she stated that certain college athletes will be classified as employees, with the right to unionize and engage in other protected, concerted activity.
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