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

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