Oregon Minimum Wage goes up on July 1, 2018

On July 1, 2018, minimum wage in Oregon will increase.  In the Portland Metro area, minimum wage will go from $11.25/hr to $12.00/hr. In “Standard Counties” which also include areas outside the Urban Growth Boundary in Washington, Multnomah and Clackamas Counties, minimum wage will increase from $10.25/hr. to $10.75/hr.  In non-urban counties, minimum wage will… Continue reading Oregon Minimum Wage goes up on July 1, 2018

Inability to Work Overtime is Not a Disability

The U.S. District Court for the District of Oregon held in a recent case that an employee who was unable to work more than a 40 hour work week due to various conditions, was not disabled under the Americans with Disabilities Act (“ADA”).  Such an inability to work overtime, absent other facts, does not constitute a substantial… Continue reading Inability to Work Overtime is Not a Disability

How Not to Respond to a DOL Investigation

The DOL has the authority to conduct investigations into employers’ compliance with wage and hour laws.  The DOL can inspect workplaces, review payroll and other employment records, and interview employees and former employees to determine whether an employer is following the FLSA. Most often, the DOL investigates whether an employer is properly calculating and paying… Continue reading How Not to Respond to a DOL Investigation

Oregon Employer Lactation Room Requirements

Relating to Friday’s blog post about an Arizona case involving a “suitable space” for employees to pump breast milk, Oregon (unlike some other states) has a codified rule regarding these requirements.  ORS 653.077(5) requires employers to make a reasonable effort to provide a private location close to the employee’s workstation, which is not a public… Continue reading Oregon Employer Lactation Room Requirements

Suitable Space to Pump Required under FLSA

An employee in Arizona recently filed suit against her employer for not providing a suitable space to pump breast milk while at work.  The employee was assigned to various locations and some, but not all of those locations provided suitable spaces.  In this Arizona case, some of the subject spaces merely needed a lock on… Continue reading Suitable Space to Pump Required under FLSA

Washington’s New Harassment and Discrimination Laws

On June 7, 2018, new employment laws relating to non-disclosure agreements (NDAs), sexual harassment policies, and discrimination of domestic violence, sexual assault, and stalking victims take effect in Washington State. Here is a summary of the laws, and steps employers should take to ensure compliance with them. 1.  Non-Disclosure Agreements Substitute Senate Bill 5996 prohibits employers… Continue reading Washington’s New Harassment and Discrimination Laws

Washington Fair Chance Act

Washington’s new “ban the box” law will go into effect on June 7, 2018.  After that date,  an employer may not: “include any question on any application for employment, inquire either orally or in writing, receive information through a criminal history background check, or otherwise obtain information about an applicant’s criminal record, until after the… Continue reading Washington Fair Chance Act

Prior Salary Cannot Justify Unequal Wages for Women

Earlier this month, the Ninth Circuit Court of Appeals made clear that prior salary alone or in combination with other factors cannot justify a wage differential between male and female employees.  The Equal Pay Act requires employers to provide equal pay for equal work, regardless of sex.  However, employers may pay male and female employees… Continue reading Prior Salary Cannot Justify Unequal Wages for Women

Harassment and PTSD

A manufacturer in Wyoming agreed to pay $75,000 to settle an EEOC suit alleging that a supervisor harassed an employee about his military service-related Post Traumatic Stress Disorder (PTSD).  The suit alleged that the supervisor referred to the veteran-employee by derogatory terms and ridiculed the employee’s PTSD treatments. In addition to the settlement payment, the… Continue reading Harassment and PTSD