The recent federal court ruling striking down the Federal Trade Commission’s (FTC) rule banning non-compete agreements has left many employers breathing a sigh of relief. However, this does not mean that non-compete...more
On Tuesday, August 20, a federal judge in Texas shot down the Federal Trade Commission’s rule banning noncompete agreements (“the Rule”) that was set to take effect September 4. This means that the FTC cannot enforce the...more
Two administrative agencies within the federal government have been busy lately publishing new rules that govern important aspects of employers’ relationships with their employees. Read more below for further updates....more
Today, the Supreme Court blocked the Biden Administration’s vaccine-or-test mandate for large employers, known as the Emergency Temporary Standard (“ETS”), which we wrote about here. The Court held that the federal agency...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Human Resources Professionals ,
Infectious Diseases ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Popular ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
While many employers initially were hesitant to institute mandatory COVID vaccinations, the recent surge driven by the Delta variant and announcements from large organizations—including the U.S. military, United Airlines, and...more
Late last week, Governor Kate Brown announced that the State of Oregon would largely remove its mask and social-distancing requirements once 70 percent of adult Oregonians have received at least one dose of a COVID-19...more
6/10/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
Masks ,
OSHA ,
Personal Protective Equipment ,
Risk Management ,
Vaccinations ,
Workplace Safety
It’s that time of year to prepare for minimum wage increases and update workplace posters. Beginning July 1, minimum wage rates throughout Oregon increase, to $13.25 for Portland Metro, $11.50 for Nonurban Counties, and...more
5/11/2021
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Human Resources Professionals ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Oregon ,
Restaurant Industry ,
Tipped Employees ,
Tips ,
Wage and Hour
Late last week, the U.S. Department of Labor (“DOL”) announced that it plans to rescind the Trump DOL rule that tightened the standards by which two or more companies could be deemed a joint employer for purposes of the Fair...more
Another day, another Trump-era Department of Labor (“DOL”) rule that’s been put on the shelf for 60 days. Last week, we blogged about the Biden DOL’s decision to delay the rollout of the tip rules that the Trump DOL adopted...more
The U.S. Department of Labor (“DOL”) published a final rule addressing independent contractor status under the Fair Labor Standards Act (“FLSA”). Independent contractor status is a critical question under the FLSA because...more
Today the United States Supreme Court answered the question of whether Title VII, the federal law that prohibits workplace discrimination “on the basis of sex,” protects LGBT employees with a resounding “Yes.” In a 6-3...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On Thursday, May 7, 2020 – six weeks after Oregon Governor Brown announced a statewide “Stay Home” order – Governor Brown released details for Reopening Oregon over the coming weeks and months. The Governor’s plan follows...more
As restrictions are easing, employers are planning for and starting to bring people back to work. In these extraordinary times, everyone recognizes that things will not be business as usual. Here is our “Top 10” checklist...more
As states around the country start to loosen restrictions on business activities, employers are ready to rehire laid-off or furloughed employees. But some employers who received a loan under the Paycheck Protection Program...more
Oregon Governor Kate Brown announced this week that Oregon is developing a multifaceted, step-by-step plan for reopening businesses and relaxing its “stay at home” measures. In accordance with federal guidance, Oregon’s plan...more
States around the country have been under various “stay at home” orders as governors have tried to protect public health during the coronavirus pandemic. Those efforts have taken a significant toll on businesses and their...more
Most employers are aware of the Paycheck Protection Program (“PPP”) created by the CARES Act that could provide assistance with meeting payroll, but the program quickly ran out of money, leaving many without funding...more
Like you, we are closely monitoring the rapid developments caused by the COVID-19 pandemic. The latest is the Senate’s passage of the Coronavirus Aid, Relief, and Economic Security Act (or “CARES” Act). ...more
The U.S. Department of Labor (“DOL”) released new guidance on the Families First Coronavirus Relief Act (“FFCRA”), which was signed into law on March 18, 2020. The DOL’s new resources are...more
On March 18, 2020, the Senate passed the Families First Coronavirus Response Act, (the “Act”), which was passed by the House last week. President Trump swiftly signed the legislation, which is effective in 15 days. All...more
We are continuing to monitor developing issues facing employers due to the outbreak of COVID-19. The latest is from Congress.
On March 13, the US House of Representatives passed the Families First Coronavirus Response...more
With the novel coronavirus (COVID-19) outbreak impacting communities throughout the Northwest, the US, and the world, employers are preparing for a possible widespread impact to their workforce and, at the same time, trying...more
With COVID-19 (coronavirus) impacting communities in the Northwest and around the U.S. and world, employers are wondering what role they can play in keeping their employees safe and healthy. Don’t panic! Your current policies...more
3/6/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Remote Working ,
Traveling Employee ,
Wage and Hour ,
Workplace Safety ,
World Health Organization
Through a series of decisions issued in late 2019, the National Labor Relations Board (“NLRB” or “Board”) has signaled a return to common sense in its approach to the rules governing labor relations. Here are a few of the...more
3/3/2020
/ Collective Bargaining Agreements (CBA) ,
Confidentiality Policies ,
Employment Policies ,
Labor Regulations ,
New Rules ,
NLRA ,
NLRB ,
Quickie Election Rules ,
Section 7 ,
Unions ,
Workplace Investigations
As 2019 comes to an end, employers should know about important new obligations that will ring in their new year. Our Labor & Employment experts offer some guidance on critical developments in Oregon, Washington, California,...more
12/20/2019
/ Arbitration Agreements ,
Employee Benefits ,
Employee Definition ,
FEHA ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Non-Compete Agreements ,
Paid Family Leave Law ,
Posting Requirements ,
Severance Agreements ,
State and Local Government ,
State Labor Laws ,
Statute of Limitations ,
Unpaid Wages ,
Wage and Hour ,
Work Schedules