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
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
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
The Oregon Legislature passed House Bill 2005 (the “Bill”) on June 30, 2019, creating a new program of up to 12 weeks of paid medical and family leave benefits (the “Program”) for eligible employees and self-employed...more
7/24/2019
/ Employee Benefits ,
Employer Contributions ,
Employer Liability Issues ,
Employment Policies ,
Governor Brown ,
Medical Leave ,
New Legislation ,
Paid Family Leave Law ,
Paid Leave ,
State Labor Laws ,
Wage and Hour
Oregon’s Legislature just enacted the most significant legislation for Oregon employers in years. The new Workplace Fairness Act has been hailed as a #MeToo law and seems intended to curb incidents of sexual harassment in the...more
6/19/2019
/ #MeToo ,
Anti-Harassment Policies ,
Employee Handbooks ,
Employee Training ,
Employer Liability Issues ,
Employment Policies ,
Golden Parachutes ,
Hiring & Firing ,
New Legislation ,
Sexual Assault ,
Sexual Harassment ,
State Labor Laws
Starting this Friday, October 6, employers in Oregon can no longer ask job applicants about their salary history. As part of the Equal Pay Act that Oregon enacted earlier this year, prohibiting questions about salary history...more
“Equal pay for equal work.” Everyone – employees and employers alike – can agree that no workers should be paid less than others simply because of their gender, race, veteran status, or any other protected characteristic. ...more
We are confident that employers already take employee reports of potentially unlawful activity seriously. Such internal reports can help employers investigate and eliminate unlawful conduct in the workplace. The Ninth...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
Employers probably are aware of the “quickie” election rules implemented earlier this year by the National Labor Relations Board (“the Board”), but they may not have considered all of the rules’ consequences. With as little...more