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
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
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
5/23/2023
/ Confidentiality Agreements ,
Contract Terms ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Former Employee ,
Hiring & Firing ,
Human Resources Professionals ,
NLRB ,
Non-Disparagement Provisions ,
Severance Agreements
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
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
8/27/2021
/ Best Practices ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Healthcare Workers ,
Home Healthcare Workers ,
Human Resources Professionals ,
Oregon ,
OSHA ,
Personal Protective Equipment ,
Social Distancing ,
Workplace Safety
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
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
5/28/2021
/ Confidential Information ,
Contract Terms ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Hiring & Firing ,
Intellectual Property Protection ,
New Legislation ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Oregon ,
Restrictive Covenants ,
State and Local Government ,
State Labor Laws
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
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
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
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
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 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
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
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
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
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
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
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
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
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
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
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
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