New FLSA Opinion Letter on Project-Based Payments to Exempt Employees

Today, the DOL issued an opinion letter evaluating whether project-based payments constitute payments on a fee basis or salary basis under the FLSA. The employees involved, educational consultants, meet the duties tests of the administrative or the professional exemptions, and were paid in biweekly installments derived from the project-based payment. The opinion letter is here:… Continue reading New FLSA Opinion Letter on Project-Based Payments to Exempt Employees

New Oregon requirement for noncompetition agreements

Effective January 1, 2020, employers must provide each departing employee with a signed copy of any noncompetition agreement applicable to that employee. The signed copy must be provided within 30 days of termination of employment. If the employer does not comply with this requirement, then the noncompetition agreement is voidable and no Oregon court may… Continue reading New Oregon requirement for noncompetition agreements

Washington Paid Family Medical Leave is now Available

A reminder to Washington employers, paid family medical leave benefits became available to employees yesterday, January 1, 2020 (payroll deductions should have started on January 1, 2019). To apply for paid leave, a eligible employee is required to provide their employer with at least 30 days advance written notice for planned medical leave or written… Continue reading Washington Paid Family Medical Leave is now Available

New Year’s Resolutions for 2020

As 2019 winds down, we compiled some suggested resolutions for employers (none of which involve diet or exercise): Update your employee handbook to comply with the Oregon Workplace Fairness Act and to include a policy addressing accommodations for pregnancy-related conditions; Post BOLI’s Workplace Accommodations Notice and be prepared to provide the Notice to new employees;… Continue reading New Year’s Resolutions for 2020

Updated Professional Exemption under Washington Law

Just when you thought you had enough information about the criteria for exempt employees in Washington, now there are new definitions for professional employees and an expansion of the exemption to expressly include computer system analysts, computer programmers, software engineers, or other similarly skilled workers. The new rule also makes clear that advanced knowledge cannot… Continue reading Updated Professional Exemption under Washington Law

Updated Administrative Duties Test under Washington Law

Washington’s new law also amends the duties test for the administrative exemption. The test still requires the employee’s primary duty: (i) to be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and (ii) to include the exercise of discretion and… Continue reading Updated Administrative Duties Test under Washington Law

Updated Executive Duties Test under Washington Law

Yesterday, we posted about Washington’s new salary requirements for exempt employees. Today, it’s time to talk about the new duties test for executive employees. Washington’s new law expands the definitions of certain terms to clarify the kind of work an executive must perform to be exempt. The new law provides that an executive shall mean… Continue reading Updated Executive Duties Test under Washington Law