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

Oregon Paid Family Leave, Part 1

Over the next few weeks, we will be posting about the new Oregon paid family and medical leave law.  The law requires the Director of the Employment Department to establish a family and medical leave insurance program to provide family and medical leave insurance benefits (“FMLB”) to eligible employees. Who is eligible? To be eligible… Continue reading Oregon Paid Family Leave, Part 1

Change to Oregon’s Non-Compete Statute

In mid-May, HB 2992 was signed into law.  HB 2992 amends the Oregon statute governing non-competition agreements (ORS 653.295) to add another basis to void a non-compete.  The amendment provides that, beginning January 1, 2020, a non-competition agreement is voidable and may not be enforced unless: (e) Within 30 days after the date of the… Continue reading Change to Oregon’s Non-Compete Statute

Employees Cannot Delay or Decline to Take FMLA Leave

Most employers in the 9th Circuit are aware that in 2014, the 9th Circuit ruled that an employee could elect to use vacation instead of FMLA leave so as to preserve FMLA leave for future use. Escriba v. Foster Poultry Farms, Inc., 743 F.3d 1236 (9th Cir. 2014). A March 2019 DOL Opinion Letter makes clear that… Continue reading Employees Cannot Delay or Decline to Take FMLA Leave