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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.

To subscribe to LegalBriefs by email, go to our LegalBriefs Subscription page.

 

Tuesday
Feb022010

Measures 66 & 67 Create Jobs … in Vancouver


It has started already. The tax measures approved by Oregon voters on January 26, 2010, Ballot Measures 66 & 67, are beginning to create jobs in other states. More Oregon jobs will no doubt be lost.

 

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Wednesday
Jan202010

Don't Choke on New Gag Rule - Part 1


Effective the start of this year, a new gag rule prohibits Oregon employers of all sizes from requiring employees to attend meetings where you share your religious or political opinions (code phrase for anti-union opinions). As will be discussed in a future LegalBrief, this law can cause more problems than you may realize.

New Poster Required

This new law, S.B. 519, also requires all Oregon employers to post a new notice for employees. The State of Oregon, for whatever reason, has chosen not to publish this new poster. This however does not absolve you from the statute’s notice requirements. You must still display a notice.

We are looking out for you and created our own gag rule poster you can download and use at no charge.

Click to read more ...

Wednesday
Jan062010

Employment Poster Compliance in Five Minutes or Less  


With the new year comes new and revised employment poster requirements. Are your posters up-to-date? Are you properly displaying each and every poster you are required to display? Are you sure?

Maybe you purchased an all-in-one poster. Is it up-to-date? Hint: If it was printed more than just a few weeks ago, the answer is probably not.

For 8 years in a row, we are helping employers comply with your employment poster requirements at no charge.

You will find all 25 possible state and federal employment posters (English & Spanish) assembled in one place. You will also find detailed instructions so you can determine which posters apply to your organization. Download and display our free posters and you are done. It is that easy.

Simply go to our 2010 Employment Posters report to comply with your employment poster requirements in five minutes or less.

Tuesday
Dec012009

Why Not Fire an Employee Charged with a Felony?


Last week’s LegalBrief suggested there is no need to fire an employee under investigation for criminal or professional misconduct if law enforcement or a state licensing board is going to solve the problem for you. The question was asked, however, why not fire an employee charged with a felony?

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Tuesday
Nov242009

To Fire…Or Not To Fire…


An employee is under investigation for unprofessional or criminal conduct. Do you fire him?

As three clients have recently discovered, this question is not as easy as it seems.

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Wednesday
Nov042009

Choose Your “Friends” Wisely…


We all have received them, emails wanting to be your “friend” on a social networking site. Someone you know, someone you barely know, someone you have never heard of … Rarely is a long lost friend renewing contact after many years.

What do you do when the friend request comes from an employee that works for you? What should you do?

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Tuesday
Sep222009

Is Your Employee Handbook Up To Date?


In the last five years alone, we have made 100’s of revisions to the employee handbooks we maintain for clients. These changes were made necessary by changes in state and federal laws, recent workplace problems, societal changes and changes in technology.

Have you kept up with these changes? Look at the handbook changes we have made and decide for yourself.

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Wednesday
Sep092009

Happy Labor Day? . . . . Not for Employers


Articles published in The National Law Journal yesterday morning and two days before highlight new laws, new enforcement activities and new employee lawsuit risks faced by American employers.

A just released U.S. Department of Labor (DOL) report concludes that workers lose more than $56.4 million per week as a result of employment and labor law violations.

This has the attention of the current administration. Now that it has been published in a national publication for lawyers, it also has the attention of plaintiff’s employment attorneys. Soon, through the efforts of the mass media and plaintiff’s attorneys, it will have the attention of your employees as well.

With four pro-labor executive orders from the new White House, a dramatic increase in the DOL’s compliance and enforcement activities, a substantial increase in DOL wage and hour investigations and changes in the National Labor Relations Board, the rules you must comply with and the risk for mistakes are increasing dramatically.

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Friday
Aug072009

Texting While Driving – Not Just for Kids Anymore

While driving down a major arterial, it was surprising to see a middle aged man in the car next to me looking at a cell phone with his arm at maximum extension trying to read the screen without glasses, texting a response and driving at the same time. Although much has been written about the dangers of teenagers texting while driving, evidently middle-aged people do the same, even without their reading glasses.

As an employer, there are steps you must take to prevent employee accidents while driving for your business and to prevent liability claims.

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Thursday
Feb192009

You Must Comply With New COBRA Requirements

The Stimulus Bill, The American Recovery and Reinvestment Act of 2009, is now law. That law does a lot of things, including creating new COBRA requirements. These new requirements apply to every employee you have involuntarily terminated since September 1, 2008 or may terminate between now and December 31, 2009.

Five things you should do to comply with these new requirements are set out below. You should begin to prepare now.

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Wednesday
Feb112009

28 Take Charge Employee Handbook Updates for 2009

Smart employers take charge of their workplace and take steps to prevent employee lawsuits.

This includes continually updating their employee handbooks. Technology, business practices, employment laws and even society itself are changing at a staggering pace. The policies set out in your employee handbook must keep up. Otherwise, your handbook could go from a legal shield that protects you to a legal sword plaintiff’s attorneys can use against you.

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Tuesday
Feb102009

Employee Handbook Wins Worker’s Comp Claim

Yesterday one of our favorite clients reported the Oregon Worker’s Compensation Board just ruled in their favor. The key to their ruling was a provision added to their employee handbook.

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Thursday
Feb052009

Find a Job With LinkedIn

Are you or someone you know looking for a job? 

“Social Media” is supposed to be the next big thing in business marketing and personal career advancement. Marketing and startup guru Guy Kawaski posted 10 Ways to Use LinkedIn to Find a Job on his blog How to Change the World

The title promises 10 tips. There is actually an 11th tip that could help almost everyone, whether you are currently looking for a job or not. 

Many of these tips can also benefit professionals looking for a steady stream of new business.

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Tuesday
Feb032009

Resume Not Okay

The other day I was having lunch at one of my favorite local establishments. A person came in and asked the young woman behind the counter if they were taking applications.

The woman said “we don’t use job applications, just bring in a resume.”

Big mistake.

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Tuesday
Feb032009

Employment Applications - Protect Your Business in 22 Ways

It is obvious that the employment relationship begins with the application process. What may be less obvious is that your ability to prevent employee lawsuits, Your ability to successfully defend employee lawsuits and your ability to terminate or layoff employees also begins with the employment process.

Usually, the employment process starts with the employment application. A carefully worded application can be your first line of defense. An out-of-date or ineffective application could cost you dearly.

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Monday
Jan262009

Employee Fails Drug Test – Part 3

An employee “fails” a drug test. What does this really mean?

There are at least seven ways an employee might “fail” a drug test. Whether you may discipline or terminate the employee, however, depends upon how carefully you word your drug policy.

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Monday
Jan262009

Was That LegalBrief About Us?

This is a question we get asked all of the time. That is good. It is a sign that our topics cover problems business people like you are facing.

The other day I was talking to a business owner and something even more amazing happened.

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Monday
Jan192009

Verbal & Written Warnings – Without Fear

Warnings are an important part of any progressive discipline system. When delivering warnings, remember the two vital elements of any warning, the six tips for effective warnings and the three musts for managing behavior.

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Friday
Jan162009

Beware of Congress - Part 1

Be afraid . . . be very afraid . . .

Congratulations to the Democrats. Their party won the White House and increased their majorities in both the United States Congress and the United States Senate.

 At a time of economic crisis, conflicting messages are being sent. On the one hand, both parties in Washington talk about stimulating the economy. On the other, the majority has indicated that other bills that will increase the costs and risks of doing business are also top legislative priorities.

The first among these priorities is called Card Check. The official name, in true Orwellian fashion, is the Employee Free Choice Act.

This is the bill that would allow organizers to force a union on your business without a vote.

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Thursday
Jan152009

Employee Fails Drug Test - Part 2

We talked about what you should do when an employee fails a drug test in Part 1 of this series.

A failed drug test is not a violation of your drug policy (which should be carefully drafted and in writing). Instead it is merely an accusation of misconduct.

Like any misconduct claim, it should be investigated. During the course of the investigation, the employee can be suspended “pending investigation.”

Should this suspension be with pay or without pay?

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