9th Circuit Announces Test for Joint Employment under Title VII

By now, most everyone knows that under many employment laws, there can be more than one “employer,” and more than one party liable as an “employer” for violation of those laws. Until recently, however, there was no definitive test in Ninth Circuit for when parties would be considered “joint employers” for purposes of Title VII.… Continue reading 9th Circuit Announces Test for Joint Employment under Title VII

Reminder – Retail, Hospitality, and Food Service Providers Required Poster

As of July 1, 2018, certain retail, hospitality, and food service providers are required to post the BOLI Employee Work Schedules Law poster available here:  Work Schedule Poster Any employer in these industries with 500 or more employees worldwide must post this Poster in a conspicuous location to inform employees of their rights to certain… Continue reading Reminder – Retail, Hospitality, and Food Service Providers Required Poster

French Soccer Players are Bad Tippers

But an employee complaint about the frugality of French footballers is not protected concerted activity under a new narrow definition of protected concerted activity from the NLRB. In Alstate Maintenance, a skycap at Kennedy Airport was asked to assist with handling a French soccer team’s equipment. In response, the skycap complained that “we did a… Continue reading French Soccer Players are Bad Tippers

Countdown to Oregon’s Equal Pay Act

In anticipation of the January 1, 2019 effective date of the law, Oregon employers should consider the following: Make sure job applications do not ask for salary or pay history Train anyone who interviews job applicants regarding what kind of questions are appropriate under the new law (and how to respond when an applicant volunteers… Continue reading Countdown to Oregon’s Equal Pay Act

BOLI Workplace Bullying Poster

Workplace bullying is not illegal in Oregon. However, because, according to BOLI, “it is harmful and in some cases can lead to lawsuits based on discrimination,” BOLI recently published a poster addressing workplace bullying.  The poster defines workplace bullying as “a pattern of repeated mistreatment that harms, intimidates, undermines, offends, degrades or or humiliates an employee,”… Continue reading BOLI Workplace Bullying Poster

More on the Oregon Pay Equity Law

As we posted earlier this month, Oregon’s Pay Equity Law becomes fully effective on January 1, 2019.  Just in time, BOLI has published a Fact Sheet that summarize the law and provides answers to frequently asked questions: https://www.oregon.gov/boli/TA/Pages/FactSheetsFAQs/PayEquity.aspx Right before Thanksgiving, BOLI also issued the final Administrative Rules for the new law: https://www.oregon.gov/boli/pages/legal/h_notices.aspx. We will… Continue reading More on the Oregon Pay Equity Law

Potential Changes to Washington Overtime Rules

While the DOL has yet to issue new rules related to overtime exemptions, on November 20, 2018, Washington L&I released preliminary draft rules with potential changes for salaried employees. The preliminary rules propose to raise the salary threshold for exempt employees to between 2 and 2.5 times the state minimum wage for a 40 hour… Continue reading Potential Changes to Washington Overtime Rules