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Employer May Be Liable for Employee's Drunk Driving Accident Following After-Work Happy Hour

On March 14, 2019, the Oregon Supreme Court considered whether the immunity granted to social hosts from suits for injuries sustained by patrons or guests after voluntarily consuming alcohol under ORS 471.565(1) also bars suit against an employer or…
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Department of Labor Again Seeks to Increase the Minimum Salary for Exempt Workers

Earlier this month, the United States Department of Labor (DOL) announced a Notice of Proposed Rulemaking that seeks — again — to raise the minimum salary threshold for employees classified as exempt pursuant to one of the so-called "white collar…
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Large Employers Have New Wage Reporting Obligations to the EEOC

A new decision by the U.S. District Court for the District of Columbia has reinstated a requirement instituted by the EEOC in the last year of the Obama Administration for employers to report pay data. On July 14, 2016, the EEOC asked the Office of…
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Oregon Paid Family and Medical Leave - Legislation Introduced

As we predicted in an earlier article, the Oregon Legislature has introduced a bill (House Bill 3031) to provide paid family and medical leave for all Oregon employees. If passed, the Bill would enact the Family and Medical Leave Insurance Equity Act…
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CBD Business and Regulation Focus - The 2018 Farm Bill

So, can you ship hemp across state lines now? Not without risk. The 2018 Farm Bill makes it possible to produce hemp in some states without violating federal law. Nevertheless, uncertainty remains for the hemp industry, as shown by recent efforts to…
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New (Cap) H-1B Filings: April 1-5 Deadline

H-1B season is underway! U.S. employers can file for new H-1B visas on behalf of prospective or existing employees beginning April 1, 2019. The anticipated window for filing new H-1B petitions under the USCIS H-1B quota for FY2020 is April 1 through…
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Are You Ready for Paid Family and Medical Leave in Oregon?

There are strong indications out of Salem that the upcoming session of the Oregon Legislature will see a bill regarding paid family and medical leave. The contours of such a bill are hazy and there is a lot we don’t know about how the leave would be…
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Washington Paid Family and Medical Leave Requirements to Start in 2019

In 2017, the Washington State legislature authorized a statewide insurance plan to provide paid family and medical leave to all Washington employees. Under the Paid Family and Medical Leave law, nearly all Washington employers must collect and remit…
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Final Rules Issued on Oregon's Equal Pay Act

On November 19, 2018, the Oregon Bureau of Labor and Industries ("BOLI") issued permanent administrative rules for Oregon's Equal Pay Act. The rules will be effective January 1, 2019.
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OSHA's Memorandum Clarifies Anti-Retaliation Rule

In May 2016, the Occupational Safety and Health Administration (OSHA) published a final rule adding an anti-retaliation provision that prohibits employers from retaliating against employees for reporting work-related injuries or illnesses. The final…
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2020 DV Lottery Registration Deadline is Nov. 6

There is still time to register for the 2020 Diversity Immigrant Visa Program (DV Lottery). Online registration for the DV Lottery began Wednesday, October 3, 2018 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4), and will end Tuesday, November 6…
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"Production Minutes" Do Not Constitute "Piece Work" Under Washington’s Minimum Wage Law

On September 20, 2018, the Washington Supreme Court considered whether an employer’s payment plan that includes “production minutes” or actual clock time as an employee's metric, qualifies as a “piece-work plan” under Washington’s Minimum Wage Act…
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Ninth Circuit Limits the Use of Tip Credits

On September 18, 2018, the Ninth Circuit, sitting en banc, considered whether fourteen former servers and bartenders were entitled to back wages under the Fair Labor Standards Act (FLSA) for time spent engaged in non-tipped tasks.
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USCIS Further Limits H-1B Premium Processing

On August 28, 2018, U.S. Citizenship and Immigration Services (USCIS) announced that it will extend its current suspension of Premium Processing for cap subject H-1B petitions. Effective September 11, 2018, USCIS is also expanding the Premium…
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Does Your Intern Program Make the Grade?

July 26, 2018 is National Intern Day – the perfect day to take a look at the employment law issues that impact internships! The primary issue employers need to be concerned about is whether an unpaid or stipend “intern” is actually an “employee” and…
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Wage-Fixing and No-Poaching Agreements – Criminal Prosecution Is a Real Risk

In case there was any doubt about it, recent activity by the United States Department of Justice (DOJ) should serve as a sharp reminder to employers that wage-fixing and "no-poaching" agreements are illegal and subject to criminal prosecution. These…
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Supreme Court Throws Out SEC Administrative Law Judge Process

On June 21, 2018, the Supreme Court of the United States invalidated the process that the Securities and Exchange Commission ("SEC") had been using to appoint administrative law judges. Staff from the SEC had selected administrative law judges as…
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Oregon Court of Appeals Expands Employment Retaliation Liability

In its May 31, 2018, decision in McLaughlin v. Wilson, 292 Or App 101 (2018), the Oregon Court of Appeals expanded liability for employment retaliation in two ways. The court held that (1) individuals, not just employers, can be primarily liable for…
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U.S. Supreme Court Clarifies Enforceability of Class Action Waivers in Arbitration Agreements

On May 21, 2018, the United States Supreme Court held that class and collective action waivers in arbitration agreements are enforceable under the Federal Arbitration Act (FAA). Many employers enter into arbitration agreements with employees…
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USCIS Announces FY2019 H-1B Cap Reached

On April 6, 2018, USCIS announced that the H-1B cap for FY2019 was reached within the five business day filing window running from April 2-6, 2018. This includes both the U.S. advanced degree cap preference limit of 20,000 visas and the regular cap…
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