Author Info for Stoel Rives - World of Employment

Emily Atmore

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 Rule…more

Employer Liability Issues, Employment Contract, Federal Labor Laws, Federal Trade Commission (FTC), Hiring & Firing

See all updates »

Bethany Bacci

HDHPs Can Provide No Cost COVID-19 Testing and Treatment

Washington Health Benefit Exchange Announces Special Enrollment Period - Today, the IRS issued Notice 2020-15 clarifying that high-deductible health plans (HDHPs) may provide benefits associated with testing and treatment of…more

Coronavirus/COVID-19, Cost-Sharing, Deductibles, HDHPs, Health Insurance

See all updates »

Brenda Baumgart

Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADA

The U.S. Court of Appeals for the Ninth Circuit, the federal appellate court with jurisdiction over much of the western United States (including Washington, Oregon, California and Idaho), ruled last week that an employee’s…more

Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

See all updates »

Adam Belzberg

Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADA

The U.S. Court of Appeals for the Ninth Circuit, the federal appellate court with jurisdiction over much of the western United States (including Washington, Oregon, California and Idaho), ruled last week that an employee’s…more

Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

See all updates »

John Dudrey

What to Know About Recent Non-Compete and Salary Basis Changes in Light of Expected Legal Challenges

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

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Human Resources Professionals, Minimum Salary

See all updates »

Lou Ferreira

Heat and Smoke: New Rules for Oregon Employers

Summer in Oregon has officially arrived and, at least in the Portland Metro area, it did so not with a polite knock on the door, but with a string of 90-degree days. As the season continues to roll out, and with the likelihood…more

Employer Liability Issues, Employer Responsibilities, Employment Policies, Heat Exposure, Human Resources Professionals

See all updates »

Brent Hamilton

Federal Contractors – Reminder to Certify Affirmative Action Programs

Federal contractors and subcontractors must certify the status of their Affirmative Action Programs (AAPs) to the Office of Federal Contract Compliance Programs (OFCCP) by July 1, 2024…more

Affirmative Action, Certification Requirements, Department of Labor (DOL), Federal Contractors, OFCCP

See all updates »

Todd Hanchett

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 Rule…more

Employer Liability Issues, Employment Contract, Federal Labor Laws, Federal Trade Commission (FTC), Hiring & Firing

See all updates »

Bryan Hawkins

What Would a 32-Hour Workweek Look Like?

A few weeks ago, Vermont Senator Bernie Sanders announced a bill to implement a 32-hour workweek. While such a law is a long way from becoming a reality, it does raise interesting questions concerning exactly what a 32-hour…more

Employee Benefits, Employer Liability Issues, Employment Policies, Human Resources Professionals, Proposed Legislation

See all updates »

Melissa Healy

Federal Contractors – Reminder to Certify Affirmative Action Programs

Federal contractors and subcontractors must certify the status of their Affirmative Action Programs (AAPs) to the Office of Federal Contract Compliance Programs (OFCCP) by July 1, 2024…more

Affirmative Action, Certification Requirements, Department of Labor (DOL), Federal Contractors, OFCCP

See all updates »

Karin Jones

$1.65 Million “Advisory” Jury Award in Idaho Employment Case

An advisory jury’s substantial front pay award to a plaintiff in a retaliation case was drastically reduced by the judge…more

#MeToo, Anti-Harassment Policies, Corporate Culture, Employee Training, Employer Liability Issues

See all updates »

Ryan Kunkel

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 Rule…more

Employer Liability Issues, Employment Contract, Federal Labor Laws, Federal Trade Commission (FTC), Hiring & Firing

See all updates »

Kirk Maag

Expanding Overtime to Farmworkers: Will California Start a Trend?

On September 12, 2016, California Governor Jerry Brown signed AB 1066. The bill, which is the first of its kind in the nation, will entitle California farmworkers to the same overtime pay as most other hourly workers in…more

Agricultural Workers, Corporate Counsel, Fair Labor Standards Act (FLSA), Farm Workers, Farms

See all updates »

Dominik Mackinnon

Supreme Court Rules That “Substantial Burden” Is Required to Establish Undue Hardship for Religious Discrimination Claims Under Title VII

In a unanimous opinion issued last Thursday, the U.S. Supreme Court clarified the standard that employers must use to measure the burden of an employee’s religious accommodation request. The case is Groff v. DeJoy, No. 22-174…more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Groff v DeJoy, Human Resources Professionals

See all updates »

Krista McIntyre

Employment Law in an ESG World: The Activision Blizzard Story

Environmental, Social, and Governance (“ESG”) principles are becoming increasingly prominent tools for managing risk and creating value in the corporate world. ESG-focused decision making can define business priorities that…more

Corporate Culture, Employer Liability Issues, Employment Policies, Environmental Social & Governance (ESG), Equal Employment Opportunity Commission (EEOC)

See all updates »

Mark Morgan

Washington to Reinstate Indoor Mask Mandate and Require Proof of Vaccination of Certain Workers

Mask Mandate - Effective August 23, 2021, masks will once again be required in indoor public spaces in Washington, regardless of vaccination status, for everyone over the age of five. Masks will not be required for…more

Coronavirus/COVID-19, Educational Institutions, Healthcare Workers, Infectious Diseases, Masks

See all updates »

Timothy O'Connell

Supreme Court Blocks OSHA’s Vaccine-or-Test Mandate but Allows CMS Vaccination Mandate for Most Health Care Workers

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 that…more

Biden Administration, Biden v Missouri, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19

See all updates »

Karen O'Connor

Paid Leave Oregon and OFLA Update: Senate Bill 999 Will Require Use of a “Rolling Forward” Leave Year, Align the Definition of “Family Member,” and Alleviate “Leave Stacking” Concerns

Senate Bill 999, designed to align Paid Leave Oregon (PLO) with the Oregon Family Leave Act (OFLA), passed the Oregon Legislature on June 1, 2023, and is expected to be signed by Governor Kotek shortly. The bill makes the…more

Employee Benefits, Employer Liability Issues, Employment Policies, Human Resources Professionals, New Legislation

See all updates »

Jenny Palmer

Navigating the Pregnant Workers Fairness Act – What Employers Need to Know

The Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations to pregnant workers and protects workers from discrimination and retaliation for seeking accommodations. The PWFA has been in…more

Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

See all updates »

Amy Joseph Pedersen, SPHR

Updated Face Covering Guidance for Oregon Businesses

Oregon Governor Kate Brown issued an order this week making her earlier Mask, Face Shield, and Face Covering Guidance applicable statewide effective July 1, 2020. Although the media has generally described the guidance as…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Personal Protective Equipment, Re-Opening Guidelines

See all updates »

Willa Perlmutter

Oregon OSHA Releases Near Final Draft of its COVID-19 Standard

Oregon OSHA has released its “Near Final Draft” of a COVID-19 Temporary Standard. This proposed new regulation sets forth a number of new rules for how an employer must operate in order to prevent the spread of COVID-19 and…more

Coronavirus/COVID-19, Employer Liability Issues, Oregon, OSHA, Personal Protective Equipment

See all updates »

Ed Reeves

Time to Revise Your Job Applications: Oregon Prohibits Salary History Inquiries in Effort to Address Systemic Wage Inequality

“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. But…more

Corporate Counsel, Employer Liability Issues, Equal Pay Act, Gender-Based Pay Discrimination, Hiring & Firing

See all updates »

Laura Rosenbaum

What to Know About Recent Non-Compete and Salary Basis Changes in Light of Expected Legal Challenges

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

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Human Resources Professionals, Minimum Salary

See all updates »

Robert Sarkisian

What Would a 32-Hour Workweek Look Like?

A few weeks ago, Vermont Senator Bernie Sanders announced a bill to implement a 32-hour workweek. While such a law is a long way from becoming a reality, it does raise interesting questions concerning exactly what a 32-hour…more

Employee Benefits, Employer Liability Issues, Employment Policies, Human Resources Professionals, Proposed Legislation

See all updates »

Audrey Scholer

Navigating the Pregnant Workers Fairness Act – What Employers Need to Know

The Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations to pregnant workers and protects workers from discrimination and retaliation for seeking accommodations. The PWFA has been in…more

Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

See all updates »

Jim Shore

Federal Appeals Court Affirms NLRB Decision Requiring Employer to Reinstate Employee Who Wrote “Whore Board” on Mandatory Overtime Sign-Up Sheet

The United States Court of Appeals for the District of Columbia Circuit recently affirmed a National Labor Relations Board (“NLRB”) decision requiring an employer to reinstate an employee whom it terminated after he wrote “whore…more

Employer Liability Issues, Employment Policies, Hiring & Firing, Human Resources Professionals, NLRA

See all updates »

Matt Tellam

Governor Kotek Signs New Law Amending Oregon Leave Laws

On March 21, 2024, Oregon Governor Tina Kotek signed into law Senate Bill 1515, amending the Oregon Family Leave Act (“OFLA”) and the Paid Leave Oregon program (“PLO”). The bill is intended to better align the OFLA and PLO. …more

Employee Benefits, Employees, Family Medical Leave, Human Resources Professionals, Oregon

See all updates »

Andrea Thompson

EUA Status Does Not Prohibit Employers from Requiring the COVID Vaccine; Seven Factors for Employers to Consider When Considering a Mandatory Vaccination Policy

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

Coronavirus/COVID-19, Department of Justice (DOJ), Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC)

See all updates »

Chris Wall

U.S. Department of Labor Repeals Trump-Era Rule Favoring Independent Contractor Status, as Expected

As expected, the U.S. Department of Labor (DOL) has repealed the Trump-era rule regarding classification of independent contractors. As we discussed here, the Trump-era rule codified the “economic realities test” for use when…more

Department of Labor (DOL), Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA), Federal Labor Laws

See all updates »

Stoel Rives - World of Employment

"My best business intelligence, in one easy email…"

"My best business intelligence,
in one easy email…"