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

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

Oregon Employer Lactation Room Requirements

Relating to Friday’s blog post about an Arizona case involving a “suitable space” for employees to pump breast milk, Oregon (unlike some other states) has a codified rule regarding these requirements.  ORS 653.077(5) requires employers to make a reasonable effort to provide a private location close to the employee’s workstation, which is not a public… Continue reading Oregon Employer Lactation Room Requirements

Suitable Space to Pump Required under FLSA

An employee in Arizona recently filed suit against her employer for not providing a suitable space to pump breast milk while at work.  The employee was assigned to various locations and some, but not all of those locations provided suitable spaces.  In this Arizona case, some of the subject spaces merely needed a lock on… Continue reading Suitable Space to Pump Required under FLSA

Washington’s New Harassment and Discrimination Laws

On June 7, 2018, new employment laws relating to non-disclosure agreements (NDAs), sexual harassment policies, and discrimination of domestic violence, sexual assault, and stalking victims take effect in Washington State. Here is a summary of the laws, and steps employers should take to ensure compliance with them. 1.  Non-Disclosure Agreements Substitute Senate Bill 5996 prohibits employers… Continue reading Washington’s New Harassment and Discrimination Laws

Washington Fair Chance Act

Washington’s new “ban the box” law will go into effect on June 7, 2018.  After that date,  an employer may not: “include any question on any application for employment, inquire either orally or in writing, receive information through a criminal history background check, or otherwise obtain information about an applicant’s criminal record, until after the… Continue reading Washington Fair Chance Act

Time to Update Safety Procedures and Drug Policies

According to the Bureau of Labor Statistics’ Census of 2016, fatal occupational injuries show a 7% increase in workplace fatalities in 2016.  Notably, injuries caused by violence and overdoses increased by 23% and 32%, respectively.  For more details, see the Census HERE. With such stark increases emerging, it is critical that employers review and update… Continue reading Time to Update Safety Procedures and Drug Policies

Best Practices for Preventing Harassment

Last year the EEOC issued Recommendations Regarding Harassment Prevention Policies and Procedures. Here are a few of the most important takeaways in the EEOC report: Employers should adopt and maintain a comprehensive anti-harassment policy (which prohibits harassment based on any protected characteristic, and which includes social media considerations). Employers should ensure that the anti-harassment policy,… Continue reading Best Practices for Preventing Harassment

Oregon’s New Distracted Driving Law

On October 1st, Oregon’s new distracted driving law takes effect. Drivers have been banned from talking and texting in Oregon since 2009. However, drivers could still use other functions on their phone while driving or stopped in traffic. The new law closes that loophole. Starting Monday, drivers in Oregon cannot use any function of a… Continue reading Oregon’s New Distracted Driving Law

Remember to Properly Report Wages for Unemployment Insurance Taxes

Summer is here and so is summer travel season. It’s also a good time for employers to verify that they are properly reporting wages for unemployment insurance taxes. Whether employees are working from another state while on vacation or working on a project outside of Oregon, employees may be performing services in multiple states.  When… Continue reading Remember to Properly Report Wages for Unemployment Insurance Taxes