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Oregon Employers: Remember Your Employee Leave Obligations as COVID-19 Spreads

As the number of confirmed cases of COVID-19 in Oregon continues to rise, employers must remain particularly mindful of their various statutory obligations to provide protected leave and benefits.
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Potential Expansion of FMLA Protection in Response to COVID-19 Pandemic

We are endeavoring to keep you up-to-date on developments from COVID-19 impacting the workplace. In response to the pandemic, the U.S. House has passed a bill that would provide for paid leave and would expand protection under the Family and Medical…
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Oregon Legislation to Prohibit Hair-Based Discrimination

It appears Oregon will be joining the wave of states enacting laws against hair-based discrimination. House Bill 4107 would amend antidiscrimination statutes in Oregon to include discrimination based on hairstyle.
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New Oregon Employment Laws for 2020

The Oregon legislature has been busy. A number of new laws affecting Oregon employers go into effect in 2020
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Department of Labor Announces Final Rule on Joint Employer Liability

The United States Department of Labor issued its Final Rule on Joint Employer Status under the Fair Labor Standards Act. The new Rule, which will become effective March 16, 2020, is a departure from the legal interpretation adopted by the Obama…
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DOL Increases Salary Basis Test for Exempt Workers

After five years of fits and starts — which we covered here, here, here, and here — the federal Department of Labor (DOL) has finalized its regulations related to the salary basis test for the so-called white collar exemptions to overtime. Effective…
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California Independent Contractor Statute

The topic of independent contractors has been at the forefront of late, with both the Department of Labor and the Oregon Bureau of Labor and Industries taking a keen interest in reviewing independent contractor relationships and enforcing wage and…
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3 New Employment-Related Laws in Oregon Impacting Cannabis Employers

New employment-related laws reflect a growing tolerance for an individual’s choices regarding consumption of cannabis and marijuana outside of the workplace. Nevada, for example, was the first state to pass a law that prohibits employers (with a…
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Oregon's Workplace Fairness Act

The landscape of laws regulating the employment relationship in Oregon seems to be constantly changing. Another big change occurred with the enactment of the Oregon Workplace Fairness Act.
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New Requirement for Noncompetition Agreements in Oregon

The Oregon legislature has added a new requirement for employers to enforce noncompetition agreements against their employees.
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Washington State to Restrict Noncompetition Agreements

Nationwide there has been continued hostility toward noncompetition agreements for employees. A noncompetition agreement is an agreement entered into by an employee by which the employee (during employment and after) agrees not to compete with the…
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New Wage Reporting Obligations for Large Employers Delayed

The ruling in the case required the Office of Management and Budget to grant a three-year approval of a revised EEO-1 form that would add new equal employment opportunity information to what the EEOC already collected from employers.
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Lights Out: Ambiguous Arbitration Agreement Cannot Compel Class Arbitration

Employers' use of arbitration agreements continues to gain popularity.
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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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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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