Court Defines “Overnight Stay” for FMLA Purposes

Under the Federal Family Medical Leave Act (“FMLA”) an employee with a “serious health condition” may be entitled to up to 12 weeks of unpaid leave and reinstatement when leave expires.  The regulations for the FMLA define a “serious health condition” as including a situation where an employee has received “inpatient care,” which means “an… Continue reading Court Defines “Overnight Stay” for FMLA Purposes

What Makes a Non-Competition Agreement “Voidable” under ORS 653.295

The Oregon Court of Appeals recently examined when a noncompete will be voidable because employer did not provide two weeks advance notice to a prospective employee that she would be required to sign a noncompete.  ORS 653.295 states: “(1) A noncompetition agreement entered into between an employer and employee is voidable and may not be… Continue reading What Makes a Non-Competition Agreement “Voidable” under ORS 653.295

Oregon “Ban the Box” Developments

Nationwide, there is a movement to prohibit employers from asking questions about criminal convictions in employment applications because such questions screen a disproportionate number of otherwise qualified minority applicants from consideration for jobs.  Last week, the Oregon house considered proposed “ban the box” legislation.  House Bill 3025, as amended, would make it an unlawful employment… Continue reading Oregon “Ban the Box” Developments