Newsletters and Alerts https://www.unitedemployers.org/news/default.asp Fri, 19 Jun 2026 14:42:05 GMT Mon, 8 Jun 2020 04:00:00 GMT Copyright © 2020 United Employers Association June 2020 COVID-19 Resources for Re-opening Businesses https://www.unitedemployers.org/news/news.asp?id=516777 https://www.unitedemployers.org/news/news.asp?id=516777

 

June 2020

COVID-19 Resources
for Re-opening Businesses

 

Local, state, and federal governments are preparing to embark upon the multi-phase process of re-opening amidst COVID-19. In this issue, we've collected applicable resources to help you and your team transition smoothly back into the workplace, while prioritizing health and safety. 
UEA Helpline

As a UEA Member you have unlimited access to our helpline!

UEA's Employment Law Attorneys can provide guidance on specific employment and labor law challenges, or answer concerns relating to the potential or actual impacts of COVID-19 on your workforce. 

Contact us at 503.595.2170 or click here to email us.
COVID-19 Trainings on Zywave Learning
 
Our Online Learning Management System, Zywave Learning offers a wealth of training to support our members when it comes to COVID-19 response. As a member you currently have FREE access to the following classes online:

Coronavirus Preparedness
Crisis Management
Emergency Response Planning
Managing Remote Teams
and more...
COVID-19 Resource Library

Our HR360 Resource Center offers a variety of COVID-19 response documents, covering topics such as:

OSHA Requirements
FFCRA FAQs
Coronavirus in the workplace
and more....

View the Resource Library 
OMEP COVID-19 Workplace Preparedness Resources 

Oregon Manufacturing Extension Partnership (OMEP) has developed a set of resources to support recovery and re-opening for Oregon Manufacturers. These resources are based on guidance from the MEP National Network, CDC, OSHA, and OHA.

Read more
]]> Mon, 8 Jun 2020 05:00:00 GMT October 2019 News & Updates https://www.unitedemployers.org/news/news.asp?id=474887 https://www.unitedemployers.org/news/news.asp?id=474887

October 2019 News & Updates


With fall in the air and the end of the year around the corner, the Oregon and Washington state legislatures have been busy passing several new laws that will impact the workplace. In this issue, we outline each new law and provide guidance on how UEA Members can best prepare for the new requirements.
Oregon Workplace Fairness Act
SB (726)

While the original focus of the Oregon Workplace Fairness Act (“the Act”) was to address sexual harassment in the workplace, the Act has additional requirements that employers should be aware of and steps that should be taken to ensure compliance.

Read more
UEA wants our members to be prepared!  We’ve added a workshop on October 31st to help members comply with the new law.
Oregon Paid Family and Medical Leave (HB 2005)

Oregon’s Paid Family and Medical Leave Law will have a significant impact on employers, so they should begin preparing for budget implications as well as the administrative changes that will be required. Effective dates for provisions under the new law range from January 2022 to January 2023.

Read more
Oregon Additional Amendments to the Pay Equity Act (SB 123)

Oregon has passed additional legislation representing changes and clarification of the Oregon Equal Pay Act. The changes and clarifications go into effect on January 1, 2020. The original law presented a number of challenges as companies began reviewing job descriptions to ensure any pay analysis accurately reflected current duties for their staff..

Read more
Oregon Notice of Federal Inspections (SB 370)

This new law requires all Oregon employers to provide notice to employees when they are contacted by a Federal agency that intends to audit records of forms and any other documentation (such as Form I-9) used by the employer to verify the identity and employment eligibility of its employees. This law is already in effect as of June 6, 2019, but model notices will not be available until January 1, 2020.

Read more
Oregon Pregnancy Accommodations (HB 2341)

Under the new Pregnancy Accommodations legislation, employers with six or more employees must provide reasonable accommodations to applicants or employees for pregnancy-related conditions unless they would impose an undue hardship (effective January 1, 2020).

Read more
Oregon Expression of Breast Milk
(HB 2593)

This new law, which modified an existing law, provides that mothers are allowed to break for a reasonable amount of time whenever they need to express milk until the child is 18 months of age. Under the prior law, the break was defined as a fixed amount of time for each four-hour segment of the work period. Under the new language, the frequency, timing, and duration of the rest period will likely vary (effective September 29, 2019).

Read more
Oregon Non-Compete Agreements (HB2992)

The new rule requires an employer to provide a terminated employee with a signed, written copy of their noncompetition agreement within 30 days after their termination date. Failure to do so will render the agreement voidable and unenforceable in the state of Oregon (effective January 1, 2020).

Read more
OregonSaves (SB 164)

Adjustments were made in this year’s legislative session to the Oregon’s new state-run retirement plan, OregonSaves, in this year’s legislative session making it an unlawful practice for employers to fail to develop an employee retirement savings plan (effective January 1, 2020).

Read more
Washington Paid Family Medical Leave (PFML) Update

Starting January 1, 2020, many Washington workers will be eligible for 12 weeks of paid family and medical leave benefits within a 12-month period to welcome a new child into their family, recover from a serious illness or injury, and to care for a close family member with a serious health condition.

Read more
Washington - Equal Pay Act Amendment

Washington amended its pay equity legislation, Equal Pay and Opportunities Act (EPOA) in 2019 with additional restrictions and mandates. Effective July 28, 2019 the amendment bars all Washington employers from asking for an applicant’s wage or salary history, until an offer of employment has been made.

Read more
Obesity is a Protected Class in Washington

In July, the Washington Supreme Court ruled it is illegal for employers to refuse to hire someone who is obese if they are otherwise qualified for the job. In the case, Taylor v. Burlington Northern Railroad Holdings, Inc., the Court stated that obesity can be a disabling condition that employers may need to accommodate and obese workers are protected against discrimination.

Read more
Washington Restrictions to
Non-Competition Agreements
(HB 1450)

The new rule imposes additional restrictions on non-compete agreements and will apply to all agreements as of January 1, 2020, regardless of when the agreement was signed. The new rule applies to agreements with both employees and independent contractors.

Read more
]]> Mon, 21 Oct 2019 05:00:00 GMT July 2018 News & Updates https://www.unitedemployers.org/news/news.asp?id=412308 https://www.unitedemployers.org/news/news.asp?id=412308

July 2018 News & Updates

In the news … The recent Supreme Court decision regarding class action waivers in arbitration agreements may prompt members to review their current practice, so we summarize the Court’s decision and factors employers may want to consider.  

We’ve included an update on actions taken by the EEOC’s Harassment Task Force which has moved from a focus on guidance and recommendations to filing lawsuits. We also outline how the new makeup of the National Labor Relations Board has relaxed rules for employers related to handbook language.  

UEA Members are invited to our next Happy Hour Roundtable, which will focus on Oregon’s Equal Pay Act and recent changes to Employment Law at the State and Federal level. Read more about the Roundtable and our Fall training programs in our Workshop Catalog below!
EEOC Harassment Taskforce Takes Action

In the last month, the Equal Employment Opportunity Commission (EEOC) has filed seven sexual harassment lawsuits against employers nationwide and has hinted that more litigation may follow. This is a shift from the Taskforce’s most recent activities focused around providing guidance and recommendations.  

Read more
Class Action Clauses in Arbitration Agreements Ruling

Earlier this year the Supreme Court ruled that companies can use arbitration clauses in employment contracts to prohibit workers from banding together to take legal action over employment disputes.

Read more
2018 Fall Workshop Catalog

UEA is offering a free cyber-security awareness webinar for members in September, our popular Supervisor Bootcamp is back and we will offer two Safety workshops this fall, Safety Training Requirements and Hazard Identification and Management.

View our Fall Workshop Catalog
Participate Now in UEA’s Surveys!

Both the Salary Budget Survey and the Regional Pay Survey are open until August 17th.

Don’t forget that participating UEA Members get survey reports for free!

Click the links below to learn more:
Salary Budget Survey
Regional Pay Survey
]]> Tue, 31 Jul 2018 05:00:00 GMT UEA March 2018 News & Updates https://www.unitedemployers.org/news/news.asp?id=395444 https://www.unitedemployers.org/news/news.asp?id=395444

March 2018 News & Updates

In the news … Washington employers should ensure they are complying with the new WA Paid Sick and Safe Leave, which went into effect on January 1, 2018 and Oregon manufacturers should pay close attention to manufacturing overtime rules, which have been clarified with recent guidance from BOLI. 
 
Northwest employers should also be aware of Ban the Box regulations in Oregon and the city of Portland, as well as similar legislation recently passed in Washington. 

In this newsletter, we provide an update on the National Labor Relations Board, highlighting recent significant decisions and modifications in enforcement priorities following changes in the composition of the NLRB Board and General Counsel.  
 
We are also inviting Members to participate in an exciting new feature of our website, Group Discussions! We heard from our members at our HR Roundtables how valuable it is for you to have the opportunity to ask questions of other member companies' professionals and share what is working for your organizations. Read more below!
2018 WA Paid Sick & Safe Leave

On January 1, 2018, the Washington Paid Sick and Safe Leave (PSSL) law went into effect, which requires employers in Washington to provide paid sick leave to every non-exempt employee that works in the state of Washington. This includes full time, part time, seasonal, temporary, on call/substitute workers, and minors. 

Read more.
Oregon Manufacturing Overtime

Under a recently passed Oregon law, certain employees “employed in” mills, factories, and manufacturing establishments are subject to maximum work hour provisions. The law took effect January 1, 2018 and limits the number of hours an employee may work to a maximum of 55 per workweek.

Read more.
Ban-the-Box Update

The City of Portland and the State of Oregon implemented “Ban the Box” rules in 2016 and Washington just passed a bill that will put similar regulations in place starting this June. In this article we highlight the difference between Portland and Oregon’s rules and outline the rules recently passed by the Washington Legislature.

Read more.
NLRB & General Counsel Updates

In late 2017, two new Republican members were appointed to the National Labor Relations Board, giving Republicans a majority on the Board. As expected, the Republican majority Board issued a number of significant decisions that overruled earlier decisions of the Democratic majority Board.

Read more.
UEA Group Forums

UEA is Proud to announce Group Discussions, our confidential Members-only forum. This forum will be a great opportunity to discuss topics with individuals from a variety of industries as you brainstorm new ideas and discuss challenges that you face on a daily basis.

Click here to learn more!
]]> Fri, 6 Apr 2018 23:40:06 GMT December 2017 News & Updates https://www.unitedemployers.org/news/news.asp?id=389587 https://www.unitedemployers.org/news/news.asp?id=389587

December 2017 News & Updates


As the year draws to an end, we’re focusing on a couple topics in the news that impact your workplaces – sexual harassment and cyber security. Employee classification has been an area of enhanced enforcement action this year, so we also offer an update on the FLSA Overtime Rule as well as Independent Contractor status.

Oregon and Washington both made mandatory changes to their labor law posting requirements for 2018 – don’t forget you can order your updated posters through UEA.
Workplace Sexual Harassment

With all the news surrounding sexual harassment in recent months, employers should be clear about expectations for allowed workplace behavior and supervisors should have regular training to ensure they understand their role in ensuring a safe workplace for all employees.

Read more.
Data Security: Best Practices

Most companies store a broad range of personal employee information including social security numbers, birth dates, bank account information and sometimes health records as well. With the recent data breaches of Equifax, Yahoo and others, employers should be taking steps to review their own record retention and data storage practices.

Read more.
Employee Classification Update 

Worker classification remains one of the most complicated aspects of HR management. Between court decisions and agency appeals, the status of the FLSA Overtime rule is still undecided. In addition, businesses need to remain careful when they classify a worker as an independent contractor instead of an employee of the company.

Read more.
Upcoming 2018 Workshops

We're gearing up for 2018 and have added lots of training sessions to our website! Click here to view our training page.

Don't forget -- we also offer onsite training for many of our workshops, learn more here!
All of us at UEA wish you the best for the holiday season and the New Year! 
]]> Thu, 21 Dec 2017 05:00:00 GMT August 2017 Employment Law News and Updates from UEA https://www.unitedemployers.org/news/news.asp?id=359322 https://www.unitedemployers.org/news/news.asp?id=359322
August 2017 News & Updates

Summer is quickly coming to a close and local employers should be aware of a number of new requirements. In this newsletter, we provide updates on these important changes and lay out how your organization should be preparing to comply with the new rules. 

 

Washington Employers will want to begin planning for the Paid Family Leave Act and ensure they understand newly passed protections for pregnant workers. Oregon employers should be aware of the rules under the new Equal Pay Act and the OregonSaves Retirement Program. Oregon employers in the retail, service and food industries additionally will need to plan for the predictive scheduling rules going into effect early next year.

 

It's also survey time! The Salary Budget Survey has been extended until August 28th, and the Regional Pay Survey is open for its fall data collection window. Participate now to qualify for free reports when they are released this fall!
Washington Paid Family Leave Act
Earlier this summer, Washington state passed a groundbreaking paid family and medical leave law. Washington’s leave provisions are among the most generous of the five states offering paid leave nationwide. Employees and employers share in funding the leave through payroll deductions.
Washington Adds Protections for Pregnant Workers

A new law amends the Washington Law Against Discrimination (WLAD) to expand protections for pregnant employees and creates a Healthy Pregnancy Advisory Committee to consider best practices for agencies to integrate into their programs to improve maternal, newborn, and child health.  


Read More!
OregonSaves Retirement Program

OregonSaves is a new state-mandated program requiring all employers to provide a qualified retirement savings option at work or enroll employees in the state retirement program.

 

Beginning November 15, 2017, employers with 100 or more employees must comply. Smaller employers will be required to comply beginning in 2018 with the date based on company size.

 

Read More!
Oregon Unveils Equal Pay Act
Oregon’s Equal Pay Act of 2017 restricts employers from inquiring into salary history, expands existing remedies available to employees for discrimination based on protected classes, and rewards employers who voluntarily assess, identify and eliminate discriminatory pay practices.

Read More!
Oregon Secure Scheduling Bill
Effective July 1, 2018 Oregon employers with 500 or more employees worldwide in the retail, hospitality, or food services industries will be subject to new scheduling standards. Certain exceptions apply and franchisees are exempted unless they have over 500 employees as a franchisee.
 
Read More!
Open Surveys - Participate Now to Receive the Free Reports this Fall!
Salary Budget Survey: 
Find out what pay adjustments other employers have recently made or plan to make over the next twelve months. This valuable information will help you make vital pay decisions for the coming year.
Regional Pay Survey:
Evaluate your compensation and benefits programs so you can retain high quality employees and attract the best talent. This is the most comprehensive, up-to-date pay survey in the region. 
Participate Here or Contact Us for your login information. 
United Employers Association | 503.595.2095 |  umta@unitedemployers.org
]]> Tue, 15 Aug 2017 17:04:23 GMT May 2017 Newsletter https://www.unitedemployers.org/news/news.asp?id=347571 https://www.unitedemployers.org/news/news.asp?id=347571
May 2017 News & Updates

Summer is just around the corner and the Oregon Legislature is finally wrapping up their session! In this issue we offer an update on the State and Federal legislative agenda affecting Members.

Before summer break we have additional workshops and webinars to help you and your staff stay up-to-date on current requirements.
Oregon Legislative Update
This year’s Oregon legislature has considered a number of bills that would have a significant impact on employers.

In this article we provide an update on the bills that would most impact employers if they were to become law.

Read More!
OSHA Delays Electronic Reporting Deadline 

OSHA has announced it intends to extend the July 1, 2017 deadline by which certain employers were required to submit the information from their completed 2016 Form 300A electronically. 

Read More!
New Compensation Bill May
Replace Overtime Regulations    

The US House of Representatives passed a bill to allow private-sector employees the ability to offer compensatory time off to employees in lieu of overtime pay. 

The bill has yet to proceed to the Senate, and it is not clear what will happen to the bill once there.

Read More!
Federal Contractor Paid Sick Leave is NOT Repealed
President Obama’s Executive Order 13706 (“Final Rule”) requiring federal contractors and subcontractors to provide certain employees with up to seven days of paid sick leave annually has not been repealed by Executive Order as many have predicted.

Read More!
Another Manufacturing Overtime Update!
For members that have been closely watching BOLI’s policy on manufacturing overtime, we have not yet received updated guidance about how to handle overtime pay. 

The Oregon legislature is considering a bill that would provide clarity for employers required to administer this shifting requirement. 
 
Read More!

United Employers Association | 503.595.2095 |  umta@unitedemployers.org
]]> Thu, 25 May 2017 05:00:00 GMT March 2017 Newsletter https://www.unitedemployers.org/news/news.asp?id=335971 https://www.unitedemployers.org/news/news.asp?id=335971
UEA Logo
Issue #83
News from UEA
March 2017
Greetings!
 
With the Oregon Legislature in session and a new Presidential administration in Washington, it appears that change is in the air. In this issue we review the bills that are more likely to become law in Oregon and offer a few pointers about the impact to employers of expected changes to Federal immigration policy. We also keep manufacturers up to date on the BOLI Overtime rule and the current court challenge.
Oregon Legislative Updates

The Oregon Legislature is back in session, and a number of bills relevant to employers have been introduced.Although it is unclear as to which bills will become law, there are a few bills of particular interest to employers.
 
Update on BOLI Alteration to Manufacturing Overtime Calculations
 
In one of our recent Employment Law Alerts,we noted that BOLI had changed its official guidance with regard to how overtime must be paid by Oregon manufacturing employers. This past December, BOLI abruptly changed its guidance and began advising employers to pay both daily and weekly overtime.

The rule change was a response to a class action lawsuit which had not yet been resolved. Since then, there has been a judicial decision in the case causing BOLI to change its official guidance.
Immigration Policy and the Workplace
 
With the new Presidential administration, employers need to be aware of new federal policies regarding immigration. The following is a brief overview of workplace enforcement ICE and USCIS may engage in, as well as how to effectively respond.

There are three potential enforcement scenarios employers need to be aware of. They include ICE Workplace raids, 1-9 Investigations and USCIS L-1 visits.
Don't forget to check out the side bar for UEA's upcoming training programs!
UEA is a trusted resource for Northwest employers. Our staff attorneys and experts are standing by to answer your HR, labor relations, and employee relations questions. Give us a call--we can help!
 
Sincerely,
United Employers Association
]]> Tue, 14 Mar 2017 05:00:00 GMT January 2017 Newsletter https://www.unitedemployers.org/news/news.asp?id=335966 https://www.unitedemployers.org/news/news.asp?id=335966
UEA Logo
Issue #82
News from UEA
January 2017
Greetings!
 
In the news... OSHA implements phase two of its new rule, overview of employee handbook updates, and big changes affecting Washington employers.
New 2017 OSHA Rules

The Occupational Safety and Health Administration's (OSHA) new rule to Improve Tracking of Workplace Injuries and Illnesses took effect in two phases. The first phase began November 2016 and the second January 1, 2017.
 
Beginning in November, 2016, the new rule required employers to have a reasonable procedure encouraging employees to promptly report work-related injuries and illnesses.
 
Beginning on January 1, 2017, covered employers were to begin electronically submitting the injury and illness reporting forms to OSHA for publication on a website open to the public.
 
Employee Handbooks: A Snapshot of Required Changes for 2017
 
If your employee handbook hasn't been updated in the past six months, it's likely out of date. Here's a reminder of items that should be reflected in your current employee handbook: 
  • Update anti-discrimination statements to include sexual orientation and transgender discrimination, based on new EEOC actions.
  • Develop clear rules on overtime and off-the-clock work. Remember to include texting and email, and how this impacts wages.
  • Ensure your social media policy is up to date, and refers to the latest technological advances, which change frequently.
  • Review and update any whistleblower clauses pertaining to trade secrets to comply with the Defend Trade Secrets Act of 2016. Appropriate verbiage is available through the link below.
Washington Approves New Employment Law Initiatives
 
 
In 2016 Washington voters approved two new initiatives: an increase in the minimum wage and a new requirement that employers provide mandatory paid sick leave.
Effective January 1, 2017, Washington's new minimum wage is $11.00 per hour. The minimum wage is set to increase annually.
Beginning January 1, 2018, every employer must provide each of its employees paid sick leave.
UEA is a trusted resource for Northwest employers. Our staff attorneys and experts are standing by to answer your HR, labor relations, and employee relations questions. Give us a call--we can help!
 
Sincerely,
 
United Employers Association
]]> Fri, 20 Jan 2017 05:00:00 GMT October 2016 Newsletter https://www.unitedemployers.org/news/news.asp?id=325003 https://www.unitedemployers.org/news/news.asp?id=325003
Issue #81
News from UEA
October 2016
Greetings!
 
In the news... Portland expands their Ban-the-Box law, OSHA has new anti-retaliation rules for reporting accidents and injuries, and starting in 2018 the EEOC will require additional information on the EEO-1 report. We also discuss news regarding arbitration agreements and help clarify the DOL's new rules surrounding paid sick leave!
 
We are celebrating one year of our online resource catalog, HR360! If you are not taking advantage of this free Members-only Resource, or would like to learn more about it, contact us at (503) 595-2095 or umta@unitedemployers.org
Are You Prepared for the New OSHA Reporting and Anti-Retaliation Requirements?
 
The new rules require large employers (250 or more employees) and employers in high hazard industries (with 20 to 249 employees) to electronically submit OSHA 300 Log information to OSHA for posting on the OSHA website.

The rule requires employers to implement procedures for reporting work-related injuries that do not discourage employees from reporting, and allow citations for unsigned and improperly completed OSHA 300 Logs. 
 
The most significant impact for employers will be the anti-retaliation provisions, which will effect post-accident drug-testing policies. UEA is hosting a Safety Workshop on October 20th to help UEA Members prepare for the changes. See the side bar for more information!
Upcoming changes in EEO-1 Reporting
 
New EEOC Reporting Rules Require Pay Data!

Beginning in March 2018, the Employer Information Report, commonly known as the EEO-1 Report, will require employers with more than 100 employees to include the collection of summary pay data in their reports. This gives employers 18 months to prepare!
 
The new data will help the Equal Employment Opportunity Commission (EEOC) determine possible pay discrimination, which remains a contributing factor to persistent wage gaps, according to the EEOC announcement.

To determine if there are patterns of pay discrepancy between employees, employers can use published aggregated data to compare or benchmark their own data with data from other employers in their industry or geographical area. Employers should plan on paying closer attention to pay and salary surveys, so they can compare their practices to others in their industries and prevent issues with the EEOC.
Changing Statutes of Limitations on Class Actions
 
Employers commonly require new employees to execute arbitration agreements as a condition of employment. In most instances, such arbitration agreements contain class/collective action waivers, which provide that any employment-related disputes be adjudicated through arbitration and the employee waives his or her right to file or participate in any class/collective action in court. 

Most circuits uphold waivers of class action lawsuits in arbitration agreements.  Now, the seventh circuit has changed course, and class action waivers in arbitration agreements hang in the balance. The seventh circuit's decision has created a chasm that only the Supreme Court will be able to set straight.
 
Employers need to keep abreast of what happens next. It is likely that most employers who use arbitration provisions in their contracts have embedded in them a bar against class action suits. Should the supreme court decide the NLRA overrides the FAA, employers will not only need to correct arbitration provisions, but also pay close attention to all sorts of employment laws and comply carefully.  
Federal Contractors Must Now Provide Paid Sick Leave!
  
On September 29, 2016, the U.S. Department of Labor (DOL) issued the final rules implementing President Obama's Executive Order 13706 ("Final Rule") requiring federal contractors and subcontractors to provide certain employees with up to seven days of paid sick leave annually, including leave for family care and absences related to domestic violence, sexual assault and stalking.
 
The Final Rule will apply to certain types of federal contracts and subcontracts entered on or after January 1, 2017.
 
UEA is a trusted resource for Northwest employers. Our staff attorneys and experts are standing by to answer your HR, labor relations, and employee relations questions. Give us a call--we can help!
 
Sincerely,
 

United Employers Association
]]> Thu, 13 Oct 2016 19:11:09 GMT August 2016 Newsletter https://www.unitedemployers.org/news/news.asp?id=325006 https://www.unitedemployers.org/news/news.asp?id=325006
Issue #80
News from UEA
August 2016
Greetings!
 
In the news... the DOL is increasing civil penalties as of August 1st and the EEOC has new recommendations regarding transgender rights. We also help explain and clarify options for handling disruptive employees with disabilities and rules regarding FMLA/OFLA interference.
 
We are celebrating one year of our online resource catalog, HR360! If you are not taking advantage of this free tool, or would like to learn more about it, contact us at (503) 595-2095 or umta@unitedemployers.org
Civil Penalties Are Increasing!

At the end of June the U.S. Department of Labor (DOL) issued an interim final rule that significantly increases civil penalties for multiple federal agencies. The rule sprung from the 2015 Federal Civil Penalties Inflation Adjustment Act meant to increase the effectiveness of civil monetary penalties and to maintain their deterrent effect.
 
The increases will apply to penalties assessed after August 1, 2016, for violations that occurred after November 2, 2015. Beginning in 2017, the DOL will adjust the civil penalties no later than January 15 of each year.
Heard on the Helpline: Transgender Bathroom Access
  
Recently a UEA member company CEO requested that Human Resources remove the gender designations on their company restrooms after reading an article online. We received a Helpline call from the HR Department to see if this was a legally necessary step. It turns out the CEO was onto something, and removal of gender designations was indeed appropriate.

EEOC case law has determined that a person who identifies as a male should be permitted to use men's restrooms, and a person who identifies as a female should be permitted to use women's restrooms. 

The EEOC recommends that the best practice for employers is to provide the following options, which employees may choose, but are not required, to use:
  • Single-occupancy gender-neutral (unisex) facilities; and
  • Use of multiple-occupant, gender-neutral restroom facilities with lockable single occupant stalls.
Is It Ever Okay To Terminate Employees With Disabilities That Interfere With Work? 
 
What should an employer do when a person with mental disabilities disrupts the workplace and engages in extremely dramatic, even suicidal behavior?

Employers in Oregon, Washington and other Ninth Circuit states must explore alternatives to termination in line with the ADA whenever a disabled employee behaves contrary to company policy, even when the unacceptable behavior results from the disability.
 
In contrast, a Seventh Circuit court of appeals decision, Felix v. Wisconsin Dept. of Transportation, determined behavior associated with a disability could entitle an employer to terminate the employee. 
FMLA Interference - What Employers Need to Know
 
When employees request FMLA (and OFLA) leave, problems arise because many managers don't understand the additional issue of FMLA interference and may make unwarranted comments related to the leave request, even when the leave is granted. 
 
The difference between retaliation and interference is that the former requires proof of discriminatory or retaliatory intent, while an interference theory only requires proof that the employer interfered, restrained or denied the employee their entitlements under the Act. 
UEA is a trusted resource for Northwest employers. Our staff attorneys and experts are standing by to answer your HR, labor relations, and employee relations questions. Give us a call--we can help!
 
Sincerely,
 

United Employers Association
]]> Thu, 11 Aug 2016 19:18:36 GMT March 2016 Newsletter https://www.unitedemployers.org/news/news.asp?id=326313 https://www.unitedemployers.org/news/news.asp?id=326313
  • Click here to view the full March 2016 Newsletter
  • - Oregon Sick Leave and OFLA 
    - Understanding ACA Reporting Requirements 
    - Pay for Training? 
    - Pay for Travel? 
    - A Novel Way to Hunt for Talent
    • ]]>     Thu, 31 Mar 2016 05:00:00 GMT     December 2015 UEA Newsletter https://www.unitedemployers.org/news/news.asp?id=326290 https://www.unitedemployers.org/news/news.asp?id=326290 December 2015 Newsletter.]]> Tue, 29 Dec 2015 05:00:00 GMT 2014 UEA Newsletter Archive https://www.unitedemployers.org/news/news.asp?id=326298 https://www.unitedemployers.org/news/news.asp?id=326298
  • Click each headline to view the full newsletter!
  •  
  • March 2014 Newsletter
  • - Should You Be Paying FICA Taxes on Severance? U.S. Supreme Court Says 'Yes'
    - Car Dealership Settles Same-Gender Harassment Suit for over $2 million
    - Oregon-OSHA Releases Top 10 Violations of 2013

  • February 2014 Newsletter
  • - Final "Pay or Play" rules provide transitional relief for employers 
    - NLRB posting rule is gone for good 
    - Supreme Court clarifies when donning and doffing is compensable 
    - The Life of a Workers' Compensation Claim - new and improved workshop!

  • January 2014 Newsletter
  • - Portland sick time FAQ update! 
    - Heard on the helpline: Should we allow the use of electronic cigarettes in the workplace? 
    - Don't let distracted drivers make your company a statistic!

    • ]]>     Fri, 28 Feb 2014 05:00:00 GMT     2013 UEA Newsletter Archive https://www.unitedemployers.org/news/news.asp?id=326306 https://www.unitedemployers.org/news/news.asp?id=326306
  • Click each headline to view the full newsletter!

  • December 2013 Newsletter
  • - Does Your Background Check Process Meet FCRA's Strict Requirements?
    - NLRB Judge Upholds Firings for Employees' Facebook Rants
    - More Portland Sick Leave Resources Now Available!
  •  
  • November 2013 Newsletter
  • - "Use it or Lose It" Rules Modified for Flex Plans
    - OSHA Recordkeeping -- When Must an Injury Be Reported?
    - New Affirmative Action Plan Regulations Issued by OFCCP
  •  
  • October 2013 Newsletter
  • - Portland Businesses Get Time to Adapt to Sick Leave Requirement
    - Ring in the New Year with Updated Postings and Handbook Changes
    - Challenges to Employers' Use of Criminal Background Checks Continue Seattle Now "Bans the Box"
  •  
  • September 2013 Newsletter
  • - Proposed Rule for Portland's Sick Leave Ordinance Now Available!
    - Surprise! DOL Says No Penalty for Failure to Provide Exchange Notice
    - Heard on the Helpline: How Do We Get Our Electronic Device Back?
  •  
  • August 2013 Newsletter
  • - Notice to Employees Regarding Health Insurance Exchanges
    - Will the Supreme Court's DOMA Decision Affect You?
    - New Posting Requirement for Oregon Employers
  •  
  • July 2013 Newsletter
  • - Supreme Court Deals Employers a Win in Harassment Claim
    - New Oregon Law Allows Mandatory Direct Deposit
    - Health Care Reform's "Pay or Play" Mandate Delayed
  •  
  • June 2013 Newsletter
  • - Oregon Adds Bereavement Leave to OFLA
    - Preparing for Summer: Interns Are Not Free Labor
    - New Oregon Law Gives Veterans a Day Off for Veterans Day
  •  
  • May 2013 Newsletter
  • - NLRB Posting Rule Is Struck Down -- Again
    - OSHA Recordkeeping -- When Must an Injury Be Reported?
    - New Law Prohibits Washington Employers from Seeking Social Media Passwords

  • April 2013 Newsletter
  • - Union Membership Continues to Decline
    - Would Your Compensation Program Pass Legal Scrutiny?
    - Before You Hire Minors this Summer, Know the Rules!
    •  
  • March 2013 Newsletter
  • - The Votes Are In! Portland City Council Unanimously Approves Sick Leave Ordinance
    - Employers Must Use New I-9 Form!
    - NLRB Says Employee's Offensive and Threatening Comments Did Not Justify Discharge
  •  
  • February 2013 Newsletter
  • - Feds Offer $150M in Tax Credits for Energy Efficient Manufacturing Projects
    - City of Portland Paid Leave Ordinance Heads to Vote
    - Washington and Oregon Consider Mandatory Paid Sick Leave

    • ]]>     Tue, 31 Dec 2013 05:00:00 GMT