Employer Cannot Fire Employees for Obscenity-Laced Facebook Posts During Union Organizing Campaign

Section 7 of the National Labor Relations Act protects employees who engage in concerted activities for purposes of collective bargaining or for mutual aid and protection. How far that protection extends was tested in NLRB v. Pier Sixty, LLC, a…
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New Executive Order Targets H-1B Visas

On April 18, 2017, President Trump signed an Executive Order (EO) entitled "Buy American and Hire American," which addresses the H-1B visa program, among other topics. The EO primarily sets policy looking forward, directing the Departments of State…
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Sexual Orientation Discrimination Claim Allowed Under Title VII

For more than 30 years, the federal Circuit Courts of Appeal have uniformly ruled that Title VII's prohibitions against discrimination based on "sex" do not cover claims for discrimination based on "sexual orientation." That has now changed. Last…
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USCIS Announces FY2018 H-1B Cap Reached

On April 7, 2017, USCIS announced that the H-1B cap for fiscal year 2018 was reached within the five business day filing window running from April 3-7, 2017. This includes both the U.S. advanced degree cap preference limit of 20,000 visas and the…
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DOL Fiduciary Rule Delayed for 60 Days

Today, April 7, 2017, the Federal Register published the U.S. Department of Labor's (DOL) final rule extending the applicability date of the ERISA Fiduciary Rule from April 10, 2017 to June 9, 2017. A copy of the final rule is available here. Other…
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New Travel Ban/Executive Order Stayed by Courts

On March 15, 2017, the U.S. District Court for the District of Hawaii blocked the Trump Administration's new travel ban, Executive Order No. 13,780 (EO). The Court issued a nationwide temporary restraining order that blocks enforcement of two key…
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Enhanced Whistleblower Protections for Nonprofit Employees

In the wake of Governor John Kitzhaber's resignation last year, the Oregon Legislature amended Oregon's "whistleblower" protection statute (ORS 659A.203) by expanding it to include Section 501(c)(3) nonprofit organizations that receive public funds…
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Temporary Guidance for Fiduciary Rule Compliance

On Friday, March 10, 2017, the Department of Labor (DOL) issued a field assistance bulletin (FAB) adopting a temporary enforcement policy regarding compliance with the ERISA Fiduciary Rule. The ERISA Fiduciary Rule is set to go in effect on April 10…
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Trump Administration Issues New Executive Order Restricting Travel for Nationals of Six Designated Countries

The Trump Administration issued a new Executive Order (EO) on March 6, revoking the January 27 Executive Order banning U.S. entry of nationals from seven countries (see prior news alert here). The new EO becomes effective March 16 and imposes a…
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Oregon Court Summarily Dismisses Manufacturing Establishment Overtime Claims

On March 9, 2017, a Multnomah County judge dismissed the claims asserted by a putative class of workers in the closely-watched case Mazahua Reyes, et al. v. Portland Specialty Baking, LLC. All Oregon non-exempt employees are entitled to overtime for…
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USCIS Temporarily Suspends Premium Processing of All H-1B Petitions Filed On or After April 3, 2017

On March 3, 2017, USCIS announced it will suspend Premium Processing of all H-1B petitions filed April 3, 2017 and later. The suspension may last up to six months, and is intended to reduce the processing times for H-1B petitions filed regular…
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Reminder: New (Cap) H-1B Filings - April 3-7 Deadline

U.S. employers that wish to pursue new H-1B visas on behalf of prospective or existing employees should do so as soon as possible, and contact counsel for assistance if desired. April 3 through 7, 2017 is the anticipated deadline for filing new H-1B…
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Important Deadlines Loom for Landlords Under Portland Residential Renter Protection Ordinance

For a very limited time, residential landlords can rescind some pending Notices of Termination and Notices of Rent Increases that would otherwise trigger Relocation Assistance under Portland's new Renter Protection Ordinance. The Portland City…
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Fiduciary Rule's Status Uncertain

On Friday, February 3, 2017, the President signed an executive order requiring the re-examination of the final Fiduciary Rule (81 Fed. Reg. 20946 (April 8, 2016)) set to go into effect on April 10, 2017. The Fiduciary Rule, which was the subject of…
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Ninth Circuit Upholds Temporary Block on Travel Ban

Yesterday, February 9, 2017, the United States Court of Appeals for the Ninth Circuit (Ninth Circuit) unanimously upheld the temporary restraining order that halted the federal government ban on issuance of visas to, and entry of, individuals from…
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Temporary Restraining Order Halts Trump Administration Executive Order of January 27, 2017

As has been widely reported, on Friday, February 3, 2017, the United States District Court for the Western District of Washington issued a temporary restraining order impacting the Trump Administration Executive Order issued on January 27, 2017…
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International Travel and Petition Processing - Clarification and Guidance on Trump Administration Executive Orders

The White House, U.S. Department of State, U.S. Citizenship and Immigration Services (USCIS), and U.S. Customs and Border Protection (CBP) have issued guidance clarifying the impact of the Trump Administration Executive Orders issued last week. One…
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Company Violated the Fair Credit Reporting Act (FCRA) By Including a Liability Waiver with the Required FCRA Disclosure

The Fair Credit Reporting Act (FCRA) allows companies to obtain background information or "consumer reports" for both prospective and current employees. However, it imposes restrictions on the procedure for obtaining reports, and the use of this…
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How to Respond to Trump Administration Executive Orders

Last week, President Trump issued three Executive Orders addressing a wide range of immigration issues. The content of the Orders establish executive branch policy and immediate concrete action items. The Executive Orders include measures impacting…
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Service Advisors at Auto Dealerships Not Exempt, Says the Ninth Circuit

On January 9, 2017, the Ninth Circuit issued its opinion in Navarro v. Encino Motorcars, LLC, on remand from the United States Supreme Court. It held, once again, that service advisors at car dealerships are not exempt from overtime under the…
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