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

DOL Says Online Service Providers are Contractors

Ever wonder who employs the plumber you found online and booked via an online platform? Yesterday, the DOL answered this question: the plumber is an independent contractor and the virtual marketplace company that operates the online platform is not the employer. The DOL opinion is very fact specific.  However, as a general matter, it confirms… Continue reading DOL Says Online Service Providers are Contractors

EEOC Proposes 9/30/19 for Submission of Pay Data

On April 3, 2019, the EEOC submitted a response to questions raised by the Court during a March 19th Status Conference to discuss compliance with the Court’s ruling that pay data must be collected as part of the EEO-1 reporting process.  The EEOC’s submission described how the EEOC proposes to undertake and close the collection… Continue reading EEOC Proposes 9/30/19 for Submission of Pay Data