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Navigating the Changing Landscape of Non-Compete Agreements: What Employers Need to Know

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

Federal Court strikes down FTC rule that would have banned non-competition agreements starting September 4

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

Minnesota Will Become the Fourth State to Ban All Noncompete Agreements

Minnesota’s new law will take effect on July 1, 2023, prohibiting all noncompete agreements, except those entered during the sale of a business or in anticipation of the dissolution of a business. The law will not apply...more

NLRB Returns to Longstanding Position Limiting Use of Confidentiality, Non-Disclosure, and Non-Disparagement Clauses in Employee...

The General Counsel of the National Labor Relations Board (NLRB), Jennifer A. Abruzzo, issued guidance on March 22, 2023, about the NLRB’s McLaren Macomb, 372 NLRB No. 58, decision from February 21, 2023, which reinstated a...more

Oregon Health Authority Announces Sunset Date for Indoor Mask Requirements

On February 7, 2022, the Oregon Health Authority (“OHA”) announced that it would lift the general state-wide indoor mask requirement no later than March 31, 2022.  Per the OHA, the mask requirement for schools will also...more

Oregon Health Authority Releases Mandatory Vaccine Rule and Religious/Medical Exemption Forms for Health Care Workers

Last week, Governor Kate Brown announced that the State of Oregon would require that all health care workers be fully vaccinated against COVID-19 unless they could prove they were entitled to a religious or medical...more

Oregon to Require Vaccinations for All Health Care Workers

On August 19, 2021, just two weeks after announcing that all Oregon health care workers must either be fully vaccinated or test weekly for COVID-19, which we blogged about here, Governor Brown announced that vaccinations will...more

Oregon Legislature Further Limits Employee Non-Competition Agreements, Including Imposing a 12-Month Limit on Duration

Over the last several years, the Oregon Legislature has whittled away employers’ ability to enforce employee non-competition agreements (see our posts from 2007, 2015).  Senate Bill 169, which Governor Brown signed into law...more

State-Funded Temporary Paid Leave Benefits for Eligible Oregon Employees

On Tuesday, the Oregon Health Authority sent a helpful reminder about a little-publicized benefit available to eligible Oregon employees in the midst of the ongoing COVID-19 pandemic: temporary paid leave funded by the State...more

Face Coverings Are Now Required for Employees of Select Oregon Businesses - Update June 2020

Pursuant to Oregon Health Authority (OHA) guidance, employers in certain businesses must require employees, contractors, and volunteers to wear a mask, face covering, or face shield, unless an accommodation for people with...more

Face Coverings Are Now Required for Employees of Select Oregon Businesses

Pursuant to new Oregon Health Authority (OHA) guidance issued May 15, 2020, employers in certain businesses must require employees, contractors, and volunteers to wear a mask, face covering, or face shield, unless an...more

Minnesota Increases Worker Protections as It Prepares for Workers Returning to Work in a Pandemic

Governor Walz issued Executive Order 20-54 (the “Order”) yesterday, entitled “Protecting Works from Unsafe Working Condition and Retaliation During the COVID-19 Peacetime Emergency.”  Although the Order was overshadowed by...more

Reopening Oregon: Governor Brown Releases Details and Guidance for Businesses

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

Minnesota Prohibits Garnishment of COVID-19 Relief Funds

Minnesota Governor Tim Walz signed Executive Order 20-50 on May 4, 2020, which temporarily prevents the garnishment of COVID-19 relief funds by creditors and debt collectors. The Order states that government emergency support...more

COVID-19 Litigation: The Next Wave

Just when you thought it was safe to go back in the water (or stop sheltering in place anyway), a wave of COVID-19-related employment lawsuits are being filed across the country.  At our last count, nearly 50 labor and...more

Staying Connected with Your Employees: Temporary Hours Reduction or Work Share Program?

Employers facing changes in their business or broader economic downturns must find ways to respond and weather the storm.  Typically, this means cutting expenses, while maintaining their ability to operate.  For many (if not...more

Staying Connected with Your Client: Temporary Hours Reductions and the Minnesota Shared Work Program

Employers facing changes in their business or broader economic downturns must find ways to respond and weather the storm. Typically, this means cutting expenses, while maintaining their ability to operate. For many (if not...more

Senate Passes Coronavirus Aid, Relief, and Economic Security Act; House Must Still Vote

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

A Return to Common Sense in Federal Labor Law

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

Protecting Your Company and Your Employees During an ICE Raid

In light of the current administration’s approach to immigration enforcement, it is important that employers understand their legal rights and responsibilities when faced with potential raids by U.S. Immigration and Customs...more

California Supreme Court Clarifies California’s Day of Rest Statutes

In Mendoza v. Nordstrom, the California Supreme Court answered three questions from the Ninth Circuit concerning California’s “day of rest” statutes. The Court’s decision clarifies a significant ambiguity for employers...more

Oregon Legislature’s Attempt to Protect Pot Users Poses Challenges to Employers

Some Oregonians are no doubt breathing clouds of relief with the introduction of Senate Bill 301, the Oregon Legislature’s proposal to protect employees from being fired for personal marijuana use. Employers, on the other...more

NLRB Reverses Course Again: Organizing Temporary Workers Just Got Easier

The NLRB recently reversed course again to allow temporary employees provided by a staffing agency to join regular employees in a single bargaining unit without the consent of the employer or the staffing agency. Miller &...more

What Tom Brady, Underinflated Footballs, and “Deflategate” Teach Employers About Arbitration

Fans of unscrupulous professional football players and coaches often justify their heroes’ misbehavior with a now-classic sports adage: “If you ain’t cheatin’, you ain’t tryin’.” In the 1970s, for example, legendary Oakland...more

Congress Passes Major Federal Overhaul of American Trade Secrets Law

On April 27, Congress created a new tool for responding to the theft of valuable company information: a federal claim for trade secret misappropriation. The Defend Trade Secrets Act (DTSA) unanimously passed the Senate...more

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