New Overtime Rules will Reclassify Many Exempt Employees

Yesterday, the DOL and President Obama announced sweeping changes to the FLSA exemptions from overtime.  Generally, under current law, an employee may be exempt from overtime if the employee meets the duties test for the administrative or executive exemption and makes a salary of at least $455 per week ($23,660 annually).  The proposed rule would… Continue reading New Overtime Rules will Reclassify Many Exempt Employees

Updated Pregnancy Discrimination Guidance from the EEOC

As a result of the Supreme Court’s decision in Young v. UPS, the EEOC has issued updated guidelines on the Pregnancy discrimination Act and ADA as those laws apply to pregnant workers. The updated guidelines are here: http://www.eeoc.gov/laws/guidance/pregnancy_guidance.cfm The Supreme Court’s decision in Young v. UPS is here: http://www.supremecourt.gov/opinions/14pdf/12-1226_k5fl.pdf

Governor Signs Oregon “Ban the Box” Law

This morning, Governor Kate Brown signed House Bill 3025, which makes it an unlawful employment practice to require job applicants: to disclose criminal convictions on employment applications; to exclude an applicant from an initial interview solely because of a past criminal conviction; or to require disclosure of past criminal convictions prior to an initial interview,… Continue reading Governor Signs Oregon “Ban the Box” Law

CA Labor Commissioner Uber Ruling a Reminder to Evaluate Independent Contractor Status

The California Labor Commissioner has ruled that an Uber driver is an employee, not an independent contractor, despite the driver’s signing an independent contractor agreement.  (Click here to read the ruling.)  Like Oregon, California law employs a multi-factor test to determine whether a worker is properly classified as an independent contractor — even if the worker agrees… Continue reading CA Labor Commissioner Uber Ruling a Reminder to Evaluate Independent Contractor Status