BOP Newsletter

BOP Newsletter

Little boy at the dentist
2025

Did You Know?

Did you know that a recent federal court decision may require Pennsylvania employers to pay employees for walking to the time clock?

Did you know New Jersey treats commissions as wages?

The new law expands workplace protections in Section 112 of the Utah Antidiscrimination Act by prohibiting employers from making employees engage in “religiously objectionable expression” that the employee reasonably believes would burden or offend the “employee’s sincerely held religious beliefs.”

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2024

Tidbits

Help! A former employee posted negative comments about me and my business on Google, and I don’t know what to do!

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2025

Q & A

Q: I extended an offer to a protected class – she is pregnant – and I am considering rescinding the offer, not for that reason, just that I might have a more qualified candidate. What do I need to consider here?

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2025

What’s New

Arkansas, Virginia, and Wyoming Pass Laws Restricting Use of Non-Competes

Effective July 1, 2025, Virginia Requires Reporting of Workplace Violence in Hospitals

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2025

Q & A

Q: What is Employment Practices Liability Insurance and should I have it?

A: Employment Practices Liability Insurance (EPLI) provides coverage to employers against claims made by employees related to wrongful employment practices. This includes allegations of discrimination (based on age, race, gender, etc.), sexual harassment, wrongful termination, retaliation, breach of employment contract, and other workplace-related issues.

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2025

Working Interviews Versus Skills Assessments: Which Should You Do?

Consider the following scenarios:
A dentist was interested in hiring an applicant as a dental assistant and had her come in for a working interview. She filed successfully for workers’ compensation as an employee, alleging that during the day she fell off a chair and hurt her back.
An applicant came in for a working interview and was not hired. She filed for unemployment. The doctor was ruled to be her last employer and liable for the unemployment claim.

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2025

Q & A

Q: Can I require a doctor’s note when employees are absent due to illness?

Q: I hired a new receptionist who started this past Monday. A week before her start date, I sent her all the onboarding forms including a W-4 and Form I-9. On her first day to work yesterday, she presented her driver’s license for List B of the Form I-9 but asked me if she could show me a copy of her social security card instead of the actual card since she lost it during a recent move. After a quick Google search, I let her know I’d need an actual document from List C of the Form I-9, since she also let me know that she does not own a passport.

Today was Day 2 for her, and she still tells me she does not have her social security card. I let her know that by law I am supposed to complete her I-9 within the first 3 days and asked her to bring an acceptable document from List C for tomorrow.

My question is–what do I do if she shows up to work tomorrow without an acceptable document from list C again tomorrow?

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2025

Did You Know?

Did You Know that the Supreme Court in Washington State Recently Ruled Against Employers Restricting “Moonlighting” Employees?

The new law expands workplace protections in Section 112 of the Utah Antidiscrimination Act by prohibiting employers from making employees engage in “religiously objectionable expression” that the employee reasonably believes would burden or offend the “employee’s sincerely held religious beliefs.”

Read More »
2025

Q & A

Q: Is a terminated employee eligible for unemployment benefits?

Q: May overtime be averaged out over two or more weeks?

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2025

What’s New

Oregon: Enforcing Noncompetition Agreements Requires New Minimum Salary
Noncompetition agreements are generally enforceable in Oregon if:
The employee receives written notice that the noncompetition agreement is a condition of employment at least two weeks before employment starts OR the employee enters into the agreement upon a bona fide advancement;
The employee is a salaried exempt employee with an annual income higher than a minimum amount that is adjusted annually for inflation;
The employer has a protectable interest; and
The employer provides a signed, written copy of the noncompetition agreement within 30 days after the employee’s termination.

For the second bullet point above, according to the Oregon Bureau of Labor & Industries, in 2025, noncompetition agreements may be enforceable against employees who receive an annual gross income greater than $116,427.

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