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OR Required break for a meal. Period.

November 26th, 2019

Jean Ohman Back and Tom Payne at Schwabe

Don't care what you call it - lunch, meal, snack, dinner - you have to require your Oregon employees to take a meal period. Not only do you have to provide the opportunity, you have to require they take an uninterupted 30-minute meal period. And you, as the emplooyer, have to be able to prove that the employee took their meal period.

The Oregon Court of Appeals found that employers "are in a unique position to enforce mandatory meal periods necessary for the perservation of the health of employees." No word yet on night-time curfews, bed checks or mandatory story-and-a-tuck-in.

Jean Ohman Back and Tom Payne provide more.

No-match letters – IRS alert or Charles Nelson Reilly game show?

November 22nd, 2019

Frances Rayer at Cozen O'Connor

No-match letter from the IRS

What it is: an alert that indicates information provided by an employer does not match that of the Social Security Administration which will also make very clear NOT TO TAKE ADVERSE ACTION AGAINST THE EMPLOYEE as a result of the no-match letter.

What it is not: a game show featuring Charles Nelson Reilly.

Frances Rayer explains the IRS letter, what to do with it (ignoring is not an option) and what you need to do (including responding).

Bonus: Charles Nelson Reilly was in the premeir of both Bye Bye Birdie and Hello Dolly – go figure.

Can you require new employees not to bash you on Glassdoor?

November 19th, 2019

Eric Meyer at FisherBroyles

You know, like with an employment agreement and stuff like a non-disparagement provision, protected concerted activity and a savings clause (nothing to do with Santa Claus - good gracious, Dunkin' has just barley unveiled their official holiday lineup).

Eric Meyer will explain. Really.

Well, maybe not why @PeppermintMocha has an Instagram account and Gingerbread S'mores does not. Or maybe he can.

MD Reasonable accommodation: qualified > most qualified?

November 14th, 2019

Fiona Ong at Shawe Rosenthal

When is the most qualified job candidate not the right candidate?

Fiona Ong shares the opinion of the EEOC, the Maryland Court of Appeals and the Maryland federal district court. And by opinion, we mean it is what ya gotta do. In Maryland.

NY Combating sexual harassment takes more than talk

November 6th, 2019

Frank Kerbein, Director of the Center for Human Resources, The Business Council of New York State, Inc.

Combating sexual harassment in the workplace entails more than some posters and FAQs, although both can and should be part of the process.

And the State of New York has provided some guidance that will help you and your workplace address the issues as well as comply with the law.

Frank Kerbein provides some guidance, model materials, a template from the state and links to help you navigate.