Category: Employment Law
Do you manage employee leave for employees in Oregon or Washington?
Check out the new Oregon and Washington Absence and Disability Management group on LinkedIn. This new group is aimed at giving employers and HR professionals a forum to share ideas and learn about changes specific to the unique laws and requirements in Oregon and Washington. Join the group and share with…
BOLI issues proposed rules for Equal Pay Law
The Oregon Bureau of Labor and Industries (“BOLI”) recently issued proposed rules implementing the Oregon Equal Pay Law, most provisions of which take effect on January 1, 2019. The full text of the proposed rules is available on the BOLI web site here. Comparable Character The Equal Pay Law prohibits employers…
October Event: Employer Disability & Leave Roundtable
KAISER PERMANENTE AND SATHER, BYERLY & HOLLOWAY EMPLOYEE DISABILITY AND LEAVE ROUNDTABLE Date: Tuesday, October 16, 2018 Time: 11:30 a.m. – 1:30 p.m. Where: Kaiser Permanente- Town Hall Ballroom (3704 N. Interstate Ave., Portland, OR 97227) Cost: Free – Lunch provided Kaiser Permanente and Sather Byerly & Holloway are sponsoring a work group…
Predictive scheduling: What is it and does it apply to my company?
In a nutshell, Oregon’s new law requires certain employers to provide advance schedules for their employees and imposes penalties for last minute changes. SB 828 went into effect on July 1st and BOLI recently issued final rules for the new law, found here. Does it apply to my company? The…
Oregon Minimum Wage Increases on July 1, 2018
The next annual rate increase for minimum wage goes into effect on July 1, 2018. The standard rate increases to $10.75 per hour. Those in the Portland Metro area increase to $12.00 per hour and for non-urban counties, the rate increases to $10.50 per hour. If you are not sure…
Washington Paid Sick Leave – Sample Policies and Enforcement Rules
Starting January 1, 2018, Washington employers will have to provide paid sick leave to their employees. All employers are required to provide one hour of paid sick leave to an employee for every 40 hours worked, paid at an employee’s normal hourly compensation. Employees may use paid sick leave: (1)…
Oregon Passes Fair Work Week Legislation
Oregon made national news yesterday as the first state to pass legislation requiring employers to provide greater schedule predictability to low-wage employees in the retail, food service, and hospitality industries. The bill applies to employers with at least 500 employees worldwide. The bill (SB 828) attempts to address issues that…
Minimum Wage Increases July 1, 2017
Oregon’s second rate increase under 2016 legislation goes into effect on July 1, 2017. The minimum wage for your company turns on your location. The standard rate will increase to $10.25/hour and applies to most of the state. But nonurban counties have a lower rate increase to $10.00/hour. The nonurban…
Disability/Leave Roundtable for Employers
The Oregon/SW Washington chapter of the DMEC is hosting a free lunch roundtable on March 15, 2017. Employers, HR professionals, and leave administrators are encouraged to attend to discuss leave management challenges. The event is free, but registration is required. March 15, 2017 from 11:30 a.m. to 1:00 p.m. at…
Federal Court Stops DOL Exempt Salary Changes
On December 1st, the Department of Labor’s new rule regarding exemptions from overtime was set to go into effect. A ruling from a federal court yesterday suspends that rule. The DOL rule in question updated exemption rules that allow employees meeting both a salary test and duties test to be…
Proposed clarifications to Oregon Sick Leave rules
Acting on employer requests, BOLI has proposed additions and amendments to its rules about state sick leave. The proposed changes address the definition of “employee” and “employer”, the calculation of rate of pay for employees working on a piece-rate or commission basis, the responsibilities of joint employers (temporary or PEO…
“Concerted Action Waiver” violates the NLRA
Are you aware that as an employer you can violate the National Labor Relations Act (NLRA) whether your employees are unionized or not? A recent case from the Ninth Circuit affirms employers violate the NLRA when policies or agreements prohibit concerted activity. In Morris v. Ernst & Young, LLP, Ernst…
Minimum wage increases on July 1st.
The minimum wage increases for Oregon employers this Friday. For the first time, Oregon will have three different minimum wage levels depending on the region where employees work. Please use this chart to determine how much minimum wage is increasing for your employees this week: Region 1 Everyone not in…
New Changes to Overtime Rules Affect Millions of Workers
The Department of Labor (DOL) just released new rules that will affect millions of workers who are currently exempt from overtime. Workers can be exempt from overtime under a two part “white collar” exemption test – the first step is the salary test and the second test is the duties…
NLRB rules it’s your right to be unhappy at work
Want to be unhappy at work? Now grumpy employees have the law on their side. The Communications Workers of America Local 7011 Union challenged T-Mobile’s employee handbook clause requiring employees to “maintain positive work environment by communicating in a manner that is conducive to effective working relationships…” Federal law gives employees the…
New Oregon Sick Leave Law
Effective January 1, 2016, all Oregon employers are required to implement sick leave for all employees. Here is what you need to know about the new law: All employers within the state of Oregon with 10 or more employees must have a policy allowing employees to accrue and use up…
BOLI clarifies the obligations to temporary and leased employees under State Sick Time in permanent rules.
BOLI has now issued final rules on the Oregon Sick Time law going into effect January 1, 2016. The final rules reflect clarifications requested by employers, specifically as relates to temporary employees and Professional Employer Organizations (PEOs). The initial rules suggested that in these types of staffing situations, both employers…
Portland passes new “ban the box” ordinance
Last month, the Portland City Council unanimously approved a more stringent “ban the box” ordinance than its State counterpart. The Portland ordinance is designed to provide job applicants with criminal histories a better opportunity at employment by protecting them from having to discuss or disclose their criminal background during the…
BOLI ISSUES SICK LEAVE RULES – NOW IS YOUR CHANCE TO WEIGH IN!
On January 1, 2016 all employers in Oregon (with a few exceptions) will be required to provide protected sick leave to all employees. The Bureau of Labor & Industries has now issued its rules regarding sick leave. The proposed rules can be found here. If you have questions about the rules…
Judge Denies Class-Certification for SBH Client
Attorneys Aaron Bass and Rebecca Watkins have been vigorously defending a class-action lawsuit filed in Washington since June 2012. The lawsuit, following a national trend and filed on behalf of over 100 Registered Nurses, alleged unpaid wages for missed meal and rest breaks. Though many similar wage-and-hour suits against employers…
2015 Legislative Update: What’s New for Oregon Employers
The 2015 Oregon State Legislative session included the passage of several bills affecting Oregon employers, employees, and the relationship they share. Most relevant to Oregon employers are: House Bill 3025 (Criminal Conviction History), House Bill 3236 (Non-Compete Limitation), House Bill 2600 (Health Benefits Continuation), and Senate Bill 454 (Paid Sick…
A Disabled Employee is no Longer Qualified for Job When He Makes Threats
In Mayo v PCC Structurals, Inc. (July 28, 2015), the Ninth Circuit Court of Appeals confirmed that an employee who makes threats of violence against co-workers can be terminated without violating the ADA or Oregon’s disability law. A few employees, including Mayo, began to have problems with a supervisor. HR…
Oregon Enacts Paid Sick Time Law
Governor Brown signed HB 454 into law on June 22, 2015, making Oregon the fourth state to pass a state wide paid sick leave statute. The law goes into effect on January 1, 2016 and will preempt the Portland and Eugene city laws. Under Oregon’s law, employers will be obligated…
Eugene Sick Leave Ordinance Scheduled to Go Into Effect on July 1, 2015 Postponed
The City of Eugene passed a sick leave law last July that was originally scheduled to go into effect on July 1, 2015. This law (similar to one in Portland) requires employers to provide up to 40 hours of paid sick leave to employees who work in Eugene. The law…
Neutral Policy Can Violate Title VII Based On New United States Supreme Court Case.
If you have ever been in an Abercrombie & Fitch store, you probably noticed all its employees are dressed in its clothes and look a certain way. A “look policy” governs their attire and bans “caps” as too informal. In E.E.O.C. v. Abercrombie & Fitch Stores, Inc., the United States…
