Who's watching your company's unemployment insurance costs? Oregon employers just received their unemployment tax rate notices and Washington employers will receive their notices soon! Can you reduce your unemployment insurance costs?

Let UEA's partner, Employers Unity, LLC, provide a complimentary analysis of your rate notice.

• See where you are in next year's tax table and how close you are to the next higher or lower bracket.
• Find out if there is room to reduce your unemployment tax costs.
• Learn whether there are claims that have been incorrectly charged to your account.

 How well does it work? An analysis by Employers Unity revealed that one local company's tax rate could be reduced by two brackets, saving the company $10,000 in unemployment taxes in one year!

For your complimentary analysis, send your tax rate notice and contact information (indicate that you are a UEA member) to: 

Robin Quon

Hearings Representative, Employers Unity, LLC

503-747-5857 (phone)

503-715-4900 (fax)

hearingsetal@gmail.com 

Legal Developments Necessitate Changes to Employee Handbooks       

Recent legislative and case law developments may require changes to your employee handbook. UEA can help you keep your employee handbook up-to-date!

Have your policies been updated in response to the following legal developments?   

• At-Will Policies. Employment "at-will" statements are commonplace in employee handbooks. These statements are designed to prevent a claim that a mid-level manager or supervisor made a guarantee of long-term or permanent employment. Recently, the National Labor Relations Board (NLRB) filed complaints against several employers for overly broad at-will statements that the Board considered unlawful under the National Labor Relations Act (the NLRA applies to both non-union and union employers). The Board does not object to defining at-will employment, reserving the right to change policies at any time, or making statements that nothing in the handbook will alter the at-will employment relationship. However, the Board does object to policies that state an employee's at-will status can only be changed by a top company official. The Board asserts that such policies seek to waive employees' right to bargain over the terms of employment (for instance, a union contract could change an at-will policy). The bottom line is that your at-will policy should not require that employees refrain from efforts to change their at-will status or that at-will status cannot be the subject of negotiation. An acceptable alternative is to simply prohibit the employer's own representatives from entering into employment agreements that provide for anything other than at-will employment.      
• Off-Duty Access Policies.  A recent NLRB decision held that a California hospital committed an unfair labor practice (and violated the NLRA) by maintaining a policy that restricted employees' off-duty access to the hospital except for "hospital-related business." Although the policy permitted limited exceptions, the exceptions arguably did not encompass the right of employees to engage in protected activity (i.e., efforts aimed at union organizing). The Board held that a valid off-duty access rule must apply in all circumstances and an employer may not pick and choose permissible reasons for access. For example, an off-duty access policy should not allow off-duty employees on the premises for holiday events, retirements and baby showers, but prevent off-duty employees' access for union-related activity. Moreover, a "no off-duty access" policy has to be strictly enforced to survive. Employers should carefully review access policies to ensure that these policies are drafted and enforced consistent with this rule.     
• Social Media Policies. Several NLRB cases involved employees that were fired or disciplined for posting job-related comments on Facebook.  Through these cases, the NLRB established the rule that employees' right to talk about their work conditions is protected, whether on Facebook or at the water cooler. Broad, sweeping policies prohibiting employees from disparaging company or supervisors, discussing work, sharing personal information, using profanity, or releasing confidential company information are unlawful. Employers should review and update solicitation and distribution policies, social networking policies, restrictions on non-business use of the company's email system, and confidentiality policies. However, employer policies can:  

• Prohibit sharing of confidential and proprietary information, including specific examples (e.g., trade secrets, health information).
• Prohibit comments about employer/coworker/supervisors that are discriminatory, obscene, threatening, or violate EEO/discrimination laws/policies.
• Require employees to indicate that any views expressed are their own, and not the employer's.
• Give examples of what the policy is intended to limit, with business reasons.
• Prohibit using social media during working time, if other non-work activities are prohibited.

Contact us if you would like assistance drafting or revising a policy or your employee handbook!