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Employment Posters Guide

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 Welcome to LegalBriefs 
Legal tips on how to prevent problems & avoid lawsuits

Provided as an educational courtesy by Business Attorney Alan Thayer. Your questions and comments are welcomed. Call 541-345-2325 or email Alan at alan@thinkILG.com.

For tips contained in past issues of LegalBriefs, go to our LegalBriefs Archive. You can also conduct key word searches using the search bar at the top of the column on the right.

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Tuesday
Apr122011

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.

Click to read more ...

Wednesday
Apr062011

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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Tuesday
Mar292011

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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Wednesday
Mar232011

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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Tuesday
Mar082011

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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Thursday
Mar032011

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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Tuesday
Oct052010

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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Wednesday
Sep222010

Legalize Apologies

There is an accident. A customer, employee or third person is injured. You want to say you are sorry. Should you?

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Wednesday
Jul282010

A Teaching Lesson . . . .

Last week, many in the news media had their own spin on USDA director Shirley Sherrod's speech to an NAACP audience and the resulting fall-out.

Can this incident be used as a “teaching lesson” on race relations? Undoubtedly. It is also a lesson, however, on how not to react to a claim of employee misconduct.

Three steps follow on how to deal with employee misconduct issues. If the government had taken any one of these steps, things would not have spiraled out of control. If you always follow each of the three, you might avoid a costly employee lawsuit.

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Thursday
Jul082010

Focus on the What . . . Let Us Handle the How


Time and time again, clients tell us how they want us to solve a problem. They say they need a limited liability company. They think they need an independent contractor agreement. They ask for any number of agreements documenting specific relationships.

The best lawyers offer judgment, not just words printed on paper. Focusing on what is important. Let your lawyer advise you on how to accomplish your objectives without incurring unexpected liabilities. By jumping to the how without focusing on the what, important points that can prevent you from realizing the benefit of your agreement or subject you to significant liability can be overlooked.

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Tuesday
Jun222010

Don't Choke on New Gag Rule - Part 2


We previously told you about S.B. 519, the new gag rule on Oregon employers. A federal court has ruled on a lawsuit brought by business. That ruling and what might happen next are discussed below.

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Wednesday
May192010

You Know You Should Do It But . . .

Job Descriptions 7/3/4

You know you should have job descriptions for each of your employees but . . . [insert excuse here] . . .

To help inspire and motivate you, let me share seven reasons why you should have written job descriptions, three items to remember to include and four ways to actually complete, use, review and update your job descriptions.

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Tuesday
May042010

Employee Files: Get Personal


You probably have heard over and over again the things you must not put in your employee files. There is one thing you may not think to add which can be a lifesaver in the event of suit.

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Tuesday
Apr202010

No Show. No Call. No Job.

A local employer has a “three strikes and you are out” policy. The third time you do not show up for work when scheduled and do not call in, you are fired. Do you really need to give three chances? In a word, no.

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Thursday
Apr152010

You're Busted!


Marijuana use by employees has created many problems for Oregon employers. When Oregon adopted a medical marijuana law, it created much uncertainty for businesses. The Oregon Supreme Court ended this uncertainty with an opinion issued earlier today. It is good news for employers.

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Thursday
Apr082010

59 Employment Law Tips in 59 Minutes


Business people have given rave reviews to our 59 Employment Law Tips in 59 Minutes seminar. A copy of the slides for that presentation is now available for your review.

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Tuesday
Apr062010

2010 Employee Handbook Updates


2009 was a year of dramatic employment law changes. They were the result of a new administration and new Congress in Washington, D.C., major legislative action by the Oregon Legislature, recent court decisions and societal and technological changes.

Have you revised your employee handbook to keep up with these employment law changes? If you have not yet done so, we created a special report highlighting employee handbook changes you should address.

Click to read more ...

Thursday
Apr012010

No Fooling: The U.S. is Looking for Employers to Prosecute

In a press release earlier today (April 1, 2010), the Secretary of Labor announced the launch of the department’s “We Can Help” campaign. The stated purpose is to encourage employees to file complaints against American employers.

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Wednesday
Mar102010

Three New Employment Posters


Oregon employers are required to display three new updated employment posters.

We previously assembled posters Oregon employers must display in 2010. This includes a poster required by statute that BOLI has thus far refused to make public. We created a poster you can use to comply with the statute. Now there are three more updates.

Click to read more ...

Friday
Feb262010

Are You Buying a Business or a Battle?


The local newspaper had a story Friday morning about former executives starting a new business that will compete with their former employer. Good for them! This is good news unless of course you are the party that just purchased the business that until recently employed these managers.

I know nothing about the purchase of the business, the resignation of the individuals or the launch of the new business. The legal implications of matters such as this are very fact specific. Without commenting on the current situation, there are lessons here for any potential purchaser of a business.

If you are purchasing a business, there are at least five ways you can avoid the loss of key employees that go on to compete with you. But first, let’s consider two questions.

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