Coming Soon – DOL’s New Rule on Calculating Regular Rate of Pay

The FLSA requires employers to include the value of certain kinds of perks, benefits and other items (“Extras”) in an employee’s regular rate of pay for purposes of calculating overtime. This can create a mathematical and economic nightmare for employers where the Extras are provided periodically or at year end, requiring a retroactive recalculation of… Continue reading Coming Soon – DOL’s New Rule on Calculating Regular Rate of Pay

FMLA Leave to Attend School Meetings

Earlier this week, the DOL issued an opinion letter addressing whether an employee could use intermittent FMLA leave to attend school meetings scheduled to address the employee’s child’s Individualized Education Program (IEP). The employee had two children with qualifying serious health conditions and the employee had been approved to take intermittent leave to take the… Continue reading FMLA Leave to Attend School Meetings

Cat’s Paw Doctrine in Oregon

The Oregon Supreme Court has now ruled that the “cat’s paw” doctrine is a viable theory  for use in proving discriminatory or retaliatory motivation in Oregon statutory employment discrimination and retaliation cases. The theory, which has been widely adopted in state and federal courts, allows a plaintiff to impute the bias of a supervisor who… Continue reading Cat’s Paw Doctrine in Oregon

Oregon Paid Family Leave, Part 5

This post will discuss employer and employee contributions and employer reporting requirements under the Paid Family and Medical Leave Act. As we previously posted, the new law creates form of insurance which provides benefits (in the form of paid leave) to eligible employees. Contributions are to be paid by employers and employees as a percentage… Continue reading Oregon Paid Family Leave, Part 5

Pregnancy Accommodation Act

Sorry, another interruption of our posts about the the paid family leave statute. This time to discuss the new Pregnancy Accommodation Act. Beginning January 1, 2020, employers with six or more employees must provide reasonable accommodations to employees and applicants with known limitations related to pregnancy, childbirth or a related medical condition, including but not… Continue reading Pregnancy Accommodation Act

Oregon Workplace Fairness Act

We interrupt our posts about the new paid family leave law to tell you about the Workplace Fairness Act.  The Act includes new rules for when employers can require  non-disclosure and non-disparagement agreements in connection with harassment and discrimination, what employer anti-harassment policies have to include, and an extended statute of limitations for certain harassment/discrimination… Continue reading Oregon Workplace Fairness Act

Oregon Paid Family Leave, Part 3

The new law includes a number of protections for employees who take leave. Return to Work: Section 10 provides: An employee of an employer with 25+ employees is entitled to be restored to the position of employment held by the employee when the leave commenced, if that position still exists, without regard to whether the… Continue reading Oregon Paid Family Leave, Part 3