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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.

 

Wednesday
Jan142009

Get a Receipt!

You would not deliver $100 in cash to a vendor’s employee without a receipt. If the money were misposted or "lost," you would have no record of the payment having been made.

Business people, however, deliver important documents to clerks in state and local government offices all the time. Even though it could cost the business tens if not hundreds of thousands of dollars if the documents were lost in the bureaucracy, the documents are delivered without a receipt.

There is, however, a simple solution.

Click to read more ...

Tuesday
Jan132009

Dress Code Issues?

Do you have employees who fail to dress professionally?

Inappropriate and even offensive attire is a huge problem in the American workplace. We get called all the time about employees showing too much skin, dressing too casually, displaying piercings, tattoos & “body modifications,” wearing t-shirts with suggestive or offensive messages and even failing to follow basic grooming practices.

Inappropriate attire can affect the way customers view your business, increase safety risks, disrupt the workplace and even result in sexual harassment suits.

Today, there was an interesting article on the subject from an unlikely source.

Click to read more ...

Monday
Jan122009

Employee Fails Drug Test - Part 1

Employees failing drug tests are a big problem for employers.

Maybe it is a crucial employee with critical knowledge that can not be easily replaced.

Maybe the employee claims they are innocent and that they merely attended a party where they were exposed to “second-hand” Marijuana smoke or that they have a prescription for the opiate revealed by the test.

We will cover a number of drug testing issues. The first question is “What do you do when an employee fails a test for controlled or legal substances?”

Click to read more ...

Friday
Jan092009

LegalBriefs Change

With the new year comes changes to LegalBriefs. They started as an email newsletter to serve you and help us stay in touch with friends of our firm. We then added the LegalBriefs to our website so that you could find all of the past LegalBriefs in one location.

Now, LegalBriefs are evolving from an email newsletter to an Internet blog. As a blog, you the reader can now:

Click to read more ...

Thursday
Jan082009

Update Copyright Notices

Do you have a website or other marketing materials? Does your site or materials include a copyright notice at the bottom of the page? Have you updated that copyright notice to change the year to 2009?

Click to read more ...

Wednesday
Jan072009

New Employment Posters Required

With the increased Oregon minimum wage, revised Smokefree Workplace Law and new genetic information discrimination law discussed below, the state and Federal employment posters you must display have changed. We put these new posters together with a guide explaining what you are required to post (usually based upon the size of your workforce) in one handy place.

Click to read more ...

Tuesday
Jan062009

New Genetic Information Discrimination Law

You probably are familiar with equal employment opportunity notices listing protected classes of workers. These are the “. . .race, color, religion, national origin, sex, disability, veteran status and age” protections.

As of November 1, 2008, if you have 15 or more employees, you need to add genetic information to that list.

Click to read more ...

Monday
Jan052009

New Oregon Smokefree Workplace Law

As of January 1, 2009, smoking is now prohibited in most public places in Oregon and places of employment. Every enclosed area under your control frequented by employees during the course of their employment is covered. This includes bowling alleys, private clubs, private offices, even work vehicles not operated exclusively by one employee.

Follow the steps listed below to comply with this law.

Click to read more ...

Friday
Jan022009

Oregon Minimum Wage Increases

Effective January 1st, Oregon’s minimum wage increased from $7.95 an hour to $8.40 an hour.

Oregon’s labor commissioner adjusts the minimum wage each year based on the Consumer Price Index (CPI). In 2002, Oregon voters passed Ballot Measure 25. This measure requires that the Commissioner adjust the minimum wage for inflation, rounded to the nearest five cents. CPI of course is a measure of inflation.

Click to read more ...

Monday
Oct272008

Nonpartisan Ballot Measure Summary

Thank you to everyone that has asked about LegalBriefs. Your support is very much appreciated.

LegalBriefs have been on hiatus. They will return.

Until then, Oregon voters who have not yet voted may be interested in a non-partisan summary of ballot measures. This resource contains simple descriptions, short pro and con summaries and, in some instances, the business position on the measure. Feel free to share this summary with anyone you desire. You can download the summary by clicking on the image or the link below.

Oregon 2008 Ballot Measures

Hopefully, you will find this information helpful.

Wednesday
Apr162008

Simple, Effective & Illegal

iStock_000004933144Small.jpgWould you be interested in an effective, proven way to resolve conflicts, restore trust, repair relationships and yes, even reduce your risk of legal liability?

Would you be interested to know that once the University of Michigan Health System began using this method, attorney fees dropped from $3 million to $1 million per year and malpractice lawsuits and notices of intent to sue were cut in half? What works in the high risk medical field could also help resolve your disputes with employees, customers, vendors and the public.

What is this magical dispute resolution method?

Click to read more ...

Wednesday
Mar122008

New Military Family Leave Law

Soldiers%20Hug%20216px.jpg

Employers must follow new undefined law.

There are two new types of leave under federal law for families of active service members - active duty family leave and injured service member family leave. What are your obligations under this new law? We do not know. The statute passed by Congress requires you to follow rules that will be adopted by the Secretary of Labor. You must follow this new law effective January 28, 2008 even though no new rules have been adopted.

Click to read more ...

Wednesday
Mar122008

Military Family Leave Notice

NDAAAmndmnts%20216px.jpgThe U.S. Department of Labor has issued a new Military Family Leave poster that employers are required to post. We put a copy of the poster on our website so that you can download it for free.

Click to read more ...

Wednesday
Mar122008

Military Family Leave Policy

MFL%20Policy%20198px.jpgYou must revise your current FMLA policy to include Military Family Leave. If you would like language we prepared that is consistent with new Military Family Leave requirements, simply call our office at 541-345-2325 and ask Rose or Stephanie for a copy.

Alan Thayer
Business Attorney

Wednesday
Feb062008

Reinventing Business Law

Gears%20Small.jpgHow would you reinvent the way lawyer’s serve business?

Since Henry II first assigned five judges to his King’s Court in 1178, law has been a reactive profession. When you have a problem, any one of a number of great attorneys can help you reach a resolution. What businesses need, however, are strategies and tactics they can use to head off potential problems in the first place.

How could you be better served by Lawyers?

 

Click to read more ...

Tuesday
Jan222008

New Changes for the New Year

2008XSmall.jpgWith the new year come changes for businesses - particularly businesses with employees.

There is a new minimum wage. New employment posters are required. There is a new I-9 form for new employees. Copyright notices must be updated. There are also strategies you can implement to avoid common legal problems.

With the new year, there have also been changes to my law practice and Perrin & Thayer.

Click to read more ...

Tuesday
Jan222008

Update Copyright Notices for the New Year

copyright_small%202.jpgIf you have a website, publish printed or electronic newsletters or produce other publications, remember to update your copyright notices for the current year.

Click to read more ...

Thursday
Nov292007

New I-9 Form

USCIS%20logo.jpgAlert LegalBriefs readers have noticed that the I-9 immigration form has an expiration date and that date has long passed. The Department of Homeland Security and the U.S. Citizenship and Immigration Services have stated employers should continue to use the old form until a new form has been issued. That new form is now available.

This issue of LegalBriefs will tell you how you can get the new form and the government’s Handbook for Employers for free. Changes in the new I-9 form will also be discussed.

Click to read more ...

Wednesday
Nov142007

If It’s Not in Writing ... It Did Not Happen

iStock_000003933125XSmall.jpgThe question in any legal proceeding is how do you prove your side of the story? Sure, you can introduce testimony about what you said and what others said, what others did and what others failed to do. But what do you do when others remember something different or they outright lie? How do you protect yourself?

Click to read more ...

Thursday
Nov082007

Rehiring Former Employees

Have you ever rehired a former employee? Are there any circumstances where you might possibly do so in the future? If you have or if you might, what are the rules on benefits? Do their former years of service count towards current vacation levels and other benefits?

Click to read more ...

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