Revisiting the Workplace Fairness Act

In July, we posted about the Oregon Workplace Fairness Act, which can be read here. The Act includes new rules for when employers can require non-disclosure and non-disparagement agreements in connection with harassment and discrimination, and an extended statute of limitations for certain harassment/discrimination claims. While many requirements of the Act do not start until… Continue reading Revisiting the Workplace Fairness Act

Washington State Proposes Changes to Overtime Rules

The Department of Labor & Industries (L&I) recently proposed changes to Washington State’s overtime rules. Under the proposed changes, the minimum pay a salaried worker must receive to be considered exempt would increase incrementally to 2.5 times the state minimum wage by 2026. The first increase for most employers would take place July 1, 2020.… Continue reading Washington State Proposes Changes to Overtime Rules

Oregon Paid Family Leave, Part 4

Today’s post discusses the interplay among FMLB, OFLA, and FMLA, and covers additional notice requirements. Does an employee have to qualify for OFLA or FMLA leave in order to be eligible for FMLB? No. The types of leave that qualify for paid leave benefits under the new law are more limited than those permitted under… Continue reading Oregon Paid Family Leave, Part 4

Oregon Paid Family Leave, Part 2

Welcome to our blog series on the new Oregon paid family and medical leave law. In this post will discuss timing and logistics of taking paid leave. Part 1, discussing eligibility and cost, is available here. How much paid leave does an employee get? An eligible employee may get up to 12 weeks of family and medical leave… Continue reading Oregon Paid Family Leave, Part 2

Department of Labor Issues FMLA Leave Opinion Letter

An opinion letter recently issued by the U.S. Department of Labor (DOL) states that employers cannot let workers use paid time off before taking leave under the Family and Medical Leave Act (FMLA). The FMLA entitles eligible employees of covered employers to take up to 12 weeks of unpaid job-protected leave per year for specified… Continue reading Department of Labor Issues FMLA Leave Opinion Letter

Oregon Court of Appeals Clarifies Religious Preference Exemption

The Oregon Court of Appeals recently clarified the scope of Oregon’s religious preference exemption defense to an unlawful discrimination claim. King v. Warner Pacific College, 296 Or. App. 155 (2019), concerns a lawsuit filed by plaintiff Noel King against Warner Pacific College, a Christian liberal arts college in Portland. Mr. King, who is Jewish, applied… Continue reading Oregon Court of Appeals Clarifies Religious Preference Exemption

Employers: Your Business Website May Need An ADA Update

The Ninth Circuit Court of Appeals recently found that the American with Disabilities Act (“ADA”) applies to websites and apps in some circumstances. The ruling may impact any business in Oregon, Washington, or California that offers goods or services at a physical location and also facilitates access to those goods or service via a website… Continue reading Employers: Your Business Website May Need An ADA Update

New Guidance on California’s Salary History Ban

Employers looking to move into California or expand operations in the State should familiarize themselves with California’s salary history ban. The law, enacted last year, prohibits employers from seeking or relying on salary history information about an “applicant” for employment. It also requires employers, upon reasonable request, to provide the pay scale for a position… Continue reading New Guidance on California’s Salary History Ban

Washington Employers: Prepare for Paid Family Leave Law

Washington State passed legislation to create a paid family and medical leave program last year. Under the law, eligible employees will be entitled to paid leave for up to 12 weeks for their own serious health condition or for family care, up to 16 weeks combined medical and family leave, and up to 2 additional… Continue reading Washington Employers: Prepare for Paid Family Leave Law

Oregon Court Gives Invalid Non-Compete New Life as Non-Solicit Agreement

According to a recent Oregon Court of Appeals opinion, non-compete agreements that fail to comply with Oregon law may still be enforceable as a covenant not to solicit. The case, Oregon Psychiatric Partners, LLP v. Henry, 293 Or. App. 471 (2018), involved an attempt by Oregon Psychiatric Partners, LLP (“OPP”) to enforce a non-compete agreement… Continue reading Oregon Court Gives Invalid Non-Compete New Life as Non-Solicit Agreement