Businesses Face Liability if they Poach their Competitors’ Employees

When businesses seek to hire employees from their competitors, one of the first questions most prospective employers ask is whether the candidate has an employment agreement with a non-compete provision with their current employer. The answer to this question will often dictate whether, and how, the prospective employer pursues the candidate. If the candidate has… Continue reading Businesses Face Liability if they Poach their Competitors’ Employees

Oregon Senate Passes Amendment to OFLA adding Bereavment Leave

Today the Oregon Senate passed HB 2950 which amends the Oregon Family Leave Act to allow eligible employees to take leave to deal with the death of a family member. Now the Bill goes back to the House to approve the Senate amendments and then the next stop is the Governor’s desk. The Bill, with… Continue reading Oregon Senate Passes Amendment to OFLA adding Bereavment Leave

5th Circuit Holds that Firing Female Employee Because She is Lactating or Expressing Milk is Unlawful Sex Discrimination under Title VII.

Title VII prohibits discrimination on the basis of sex. The Pregnancy Discrimination Act prohibits discrimination on the basis of pregnancy, childbirth or a related medical condition. In EEOC v. Houston Funding, LLC, the trial court held that because lactation is not “pregnancy, childbirth, or a related medical condition,” firing an employee because of lactation or… Continue reading 5th Circuit Holds that Firing Female Employee Because She is Lactating or Expressing Milk is Unlawful Sex Discrimination under Title VII.

Disabled Employees May be Entitled to Reassignment to a Vacant Position

The Supreme Court has decided not to review a Seventh Circuit Court of Appeals’ Decision regarding the scope of an employer’s obligation to reasonably accommodate employees with disabilities. As the EEOC explains: “This means that the Seventh Circuit’s decision will stand, holding that ‘reasonable accommodation’ under the Americans with Disabilities Act (ADA) may require employers to provide… Continue reading Disabled Employees May be Entitled to Reassignment to a Vacant Position

Statewide Paid Sick Leave Legislation & City of Portland Paid Sick Leave

In March, we blogged about the new ordinance passed by the Portland City Council that requires employers in the City of Portland with 6 or more employees to provide a minimum of 40 hours of annual paid sick leave beginning in January 2014. There is also a statewide effort to enact legislation requiring paid sick… Continue reading Statewide Paid Sick Leave Legislation & City of Portland Paid Sick Leave

Restaurant Cannot Deny Service to Patron with Skin Disease

A recent settlement announced by the Justice Department is a reminder that the Americans with Disabilities Act (ADA) extends to more than just employers and employees. The ADA prohibits public accommodations, such as restaurants, from discriminating against people with disabilities in the full and equal enjoyment of the goods or services offered. The settlement arose… Continue reading Restaurant Cannot Deny Service to Patron with Skin Disease

Washington Enacts Bill Protecting Employee Social Media Passwords

On May 21, 2013, the Governor of Washington signed Senate Bill 5211 which prohibits employers from requesting social media passwords during a job interview or at the workplace, and prohibits employers from requiring employees to “friend” managers or supervisors so as to give employers access to employee social media postings. The law also bars employers… Continue reading Washington Enacts Bill Protecting Employee Social Media Passwords

Planning to Hire Teen Workers in Oregon or Washington the Summer?

If so, make sure to review the rules and restrictions first: Oregon: http://www.oregon.gov/boli/TA/pages/t_faq_taminors.aspx http://www.oregon.gov/boli/WHD/CLU/docs/employmentminorsbrochure2012.pdf Washington: http://www.lni.wa.gov/WorkplaceRights/TeenWorkers/default.asp; http://www.lni.wa.gov/IPUB/700-022-000.pdf And remember, special rules apply to hiring minors under the age of 14.

Do You Have a “Bring Your Own Device” Policy?

As technology evolves and businesses increasingly rely on electronic devices to conduct business, employers need to consider whether to implement policies that govern employee use of personal devices to access and use company data, as well as employee use of company-owned devices to access personal data.  Where an employee is using their property (phone, tablet, laptop,… Continue reading Do You Have a “Bring Your Own Device” Policy?