2012 Employment Poster Guide

Oregon employers must display required state and federal employment posters in their workplace. For 2012, there are three revised state posters and one revised federal poster. There is also a new federal poster that you may or may not be required to post on April 30, 2012.

This is our 10th annual employer guide to required posters. You can use this guide to easily determine if you are displaying the required posters. We assembled all of these notices in one place so you can easily download what you need. This free guide is available at the link below.

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New NLRB Poster Rule

Future issues of LegalBriefs will address how the National Labor Relations Board (NLRB) has gone from a purported arbiter of union elections and union issues to an outright advocate for the union agenda. Today, we are discussing the NLRB’s new employment poster notifying your employees of their right to form a union. The poster and when you will be required to display the poster are discussed below.

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Combat Computer Mischief

If an employee uses your computer to (1) download sensitive data to compete with you, (2) access personal information on your customers, owners or employees, (3) destroy your valuable data or (4) disrupt your workplace as part of a union campaign, what can you do?

Recent federal cases decided this year now make clear that you can use the federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030(g), to sue and file criminal charges against employees that steal or destroy your electronic data. This was not always the case. You must first, however, notify employees of restrictions on access to your computer data.

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No News is Great News!

When the Oregon legislature meets and there are no reports of major new requirements for Oregon employers, that is good news. And when measures that do pass have only a minimal impact on or actually help employers, that is great news. 

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LegalBriefs Have Changed

A long time LegalBriefs subscriber (and even longer time friend) suggested html emails look more professional. So we are giving it a try. Please give us your opinion by posting a comment.

Employer Success Story

It is softball season for my fourth grade daughter. Last year, at many of the games, one of the dads and I talked about problems he was having with an employee. Although we discussed a number of things he could do, there was a reluctance to take action.

At the first game this year, the issue of this one employee came up again. But guess what? The employee is still there, with much improved conduct, performance, attendance and attitude. What did they do?

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Suing Employers . . . There's An App For That

Your greatest risks as a business are employee wage and hour claims. In terms of number of claims and dollars involved, wage and hour claims have recently become a greater risk than discrimination, harassment, retaliation and other claims. Now your federal government is promoting an application that encourages and makes it easier for your employees to sue you.

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Identity Theft…There is More

As we were sending the last LegalBrief today, Identity Theft…Now What?, the Associated Press (AP) broke a story about taxpayer identity theft. When taxpayers file for refunds, some find their money has been paid to someone else using their name and Social Security number.

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Identity Theft...Now What?

Over the last several years, we have received a number of calls about identity theft. For the most part, it has involved employees or family members of clients. What should they do? The article at the link below has several good ideas.

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9 Ways Lawyers Inflate Bills

You may be interested in an article posted on the Forbes magazine website this month. It reports on ways that lawyers, particularly those in firms with multiple lawyers and underemployed lawyers, inflate bills to their clients. You can find the article at the link below.

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Discrimination is Bad . . .

You know that you should not discriminate as an employer. But what does that mean?

Oregon and federal statutes prohibit discrimination in terms and conditions of employment (hiring, promotion, compensation, benefits, discipline, firing, etc…) based on designated factors. A partial list of these factors (protected classes) is set out below.

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7 Basic Copyright Tips for Business People

If you have a website, educational materials or marketing copy, you may have copyright questions Is a copyright notice required? How do you create a proper copyright notice? Does the year make a difference? Who should be listed as the copyright owner? What does copyright registration mean? How are you protected?

If you use original content in your business, you may be interested in the seven basic copyright tips listed below.

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The Importance of Buy-Sell Agreements

Three business owners thought they were doing the right thing when they created their LLC. However, mistakes they made at the time and a decision made after the death of one of the three have harmed the business and everyone involved. You can learn from their mistakes.

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2011 Employment Poster Guide

Are you displaying all of the state and federal employment posters required for 2011? Are you sure? If you purchased an all-in-one poster from a commercial source, the answer may be no.

At the beginning of each year (9 years now & counting), we assemble required posters for you and publish an employment poster guide. If you missed our current guide on our website, it is available at the link below.

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Advice from Dad Still Pays Off

Praise in Public, Criticize in Private. This advice from my father has served me well when I have actually taken time to think before acting. Perhaps you heard something similar from your father or another mentor in your life. These words of wisdom could benefit you in a number of legal contexts.

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This Changes Everything . . . Not Good

Yesterday, a prominent national legal publication asked me to comment on new regulations by the Equal Employment Opportunity Commission (EEOC). Stated quite simply, the new regulations and the act on which they are based change everything. That is not good for employers.

It just became much easier for employees to sue employers and more difficult for employers to defend those claims. The cost of hiring employees just increased substantially. Proactive, take-charge employers will take the thirteen actions listed below.

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23 Employee Handbook Revisions for 2011

You may be interested in a special report we created recommending employee handbook updates for 2011. The recommendations are based on recent decisions from the United States Supreme Court and other lower courts, recent workplace issues and problems clients and other employers have had over the last year.

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Keep it in the Family? . . . Maybe Not.

You work hard and build a business or accumulate assets that you want to pass on to your children. Do you want a court to ignore your desires and give portions of your estate to people you do not name in your will?

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Discrimination Liability Expands

This week, the United States Supreme Court expanded employers' liability for discrimination.

Now, even if a person makes an adverse employment decision (such as demotion or termination) without discrimination, an employer can still be liable. That is the Court's holding in Staub v. Proctor Hospital. You can prevent a similar claim.

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Supreme Court Preview

At 10:00 a.m. EDT yesterday morning, the first Monday in October, the U.S. Supreme Court met to begin its new term. A number of cases that will affect the way you do business will be decided. The issues involved are discussed below.

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