Employment Litigation

When a workplace dispute escalates, we help employers get the problem resolved. Whether settling out of court or through successful representation at trial or on appeal, our attorneys are experienced with defending employment claims before all levels of federal and state courts or agencies.

Our experience includes working on the following kinds of issues:

  • Harassment and discrimination
  • Retaliation and whistleblowing claims
  • Wage and hour claims, including class actions
  • Disability discrimination and accommodation
  • Family and medical leave claims
  • Wrongful termination and related tort and contract claims
  • Employment contracts
  • Pension and employee benefits
  • Misappropriation of trade secrets and enforcement of non-competition agreements

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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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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"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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