Challenge to Oregon Sick Leave Law

Yesterday, the Oregonian reported that nine Oregon counties were planning to sue the Governor and BOLI Commissioner seeking to opt out of the State’s paid sick leave law.   The plaintiff counties will be Linn, Yamhill, Douglas, Jefferson, Malheur, Polk, Sherman, Morrow and Wallowa.  The counties plan to challenge the law because it is an unfunded mandate.  Presumably, the… Continue reading Challenge to Oregon Sick Leave Law

The Revised DOL Overtime Rules are Out

This morning, the DOL issued the final rule governing exemptions from overtime.  As expected, the salary threshold for eligibility has increased – from $455 per week to $913 per week ($47,476 per year).   This increase is slightly lower than originally anticipated.  The final rule goes into effect on December 1, 2016, and includes automatic increases to the salary… Continue reading The Revised DOL Overtime Rules are Out

EEOC Guidance on Leave as a Reasonable Accommodation

In the last few years, the EEOC has emphasized that leave can be a reasonable accommodation under the ADA. In an effort to help employers and employees understand how the ADA operates to provide leave as a reasonable accommodation, the EEOC just issued a document that: “seeks to provide general information to employers and employees… Continue reading EEOC Guidance on Leave as a Reasonable Accommodation

Employers Cannot Require a “Positive Workplace”

If your employee handbook legislates that employees maintain a “positive attitude,” a recent NLRB decision might motivate you to make some revisions. The NLRA prohibits employers from maintaining workplace rules that would reasonably tend to chill employees in the exercise of their Section 7 rights (Section 7 gives employees the right to act together to… Continue reading Employers Cannot Require a “Positive Workplace”

EEOC Issues Fact Sheet on Bathroom Access for Transgender Employees

The EEOC has made very clear that it interprets Title VII’s prohibition on discrimination based on sex, to include discrimination based on gender identity and sexual orientation. This week, the EEOC issued a fact sheet clarifying the agency’s position on employer obligations with respect to bathroom access and made clear that “contrary state law is… Continue reading EEOC Issues Fact Sheet on Bathroom Access for Transgender Employees