Potential Rule Change for Eligibility under the Oregon Military Family Leave Act

November 9, 2012, is the last day for public comment on a proposed change to the Oregon Military Family Leave Act (OMFLA).  The change would permit employees to take OMFLA leave even if they are not eligible for protected leave under the Oregon Family Leave Act (OFLA).  Currently, to be eligible for OMFLA, which permits… Continue reading Potential Rule Change for Eligibility under the Oregon Military Family Leave Act

“At-Will” Policy Does Not Violate the National Labor Relations Act

Yesterday, the Office of the General Counsel of the National Labor Relations Board (NLRB) issued an Advice Memorandum which analyzed whether an “at-will” employment  provision in a handbook violated Section 8(a)(1) of the NLRA because it was overbroad and would reasonably chill employees in the exercise of their rights.  Section 8 generally prohibits employers from interfering… Continue reading “At-Will” Policy Does Not Violate the National Labor Relations Act

An Easy Way to Create a Claim for Retaliation

Tell an employee who complains of harassment that they are fired because they are “causing too many problems” for the employer.  That is exactly what a Dairy Queen supervisor told an 18-year-old female employee when he fired her after she was subject to harassment so severe that her mother called the police to file a harassment… Continue reading An Easy Way to Create a Claim for Retaliation

Workers’ Compensation for off Premises Injury, Again

On October 17, 2012, the Oregon Court of Appeals issued another decision addressing compensation for an employee injury that occurred while the employee was on break.  This time, the employee hurt her knee in the parking lot when walking from a designated smoking area (on public property) back to work.  The employer’s claims representative denied… Continue reading Workers’ Compensation for off Premises Injury, Again

Deducting Negative Leave Balances for Employees

Employers are frequently faced with the issue of whether they can deduct the value of an employee’s negative leave balance from the employee’s final paycheck. The issue typically arises where an employer’s vacation, sick, or paid time off policy allows employees to borrow against future accrual and the employee quits or is fired without “earning… Continue reading Deducting Negative Leave Balances for Employees

9th Circuit Confirms Low Threshold for Pleading Age Discrimination Claim

A recent 9th Circuit Court of Appeals decision shows just how little a plaintiff must plead to avoid dismissal of an age discrimination case.  In Shepard v. Evans and Associates, http://www.ca9.uscourts.gov/datastore/opinions/2012/09/12/11-35164.pdf, the plaintiff’s complaint included the following allegations in support of her age discrimination claim: (1) she was at least forty years old; (2) her… Continue reading 9th Circuit Confirms Low Threshold for Pleading Age Discrimination Claim