Here's what you should know.

In 2017, the Washington State legislature authorized a statewide insurance plan to provide paid family and medical leave to all Washington employees. Under the Paid Family and Medical Leave law, nearly all Washington employers must collect and remit…

On November 19, 2018, the Oregon Bureau of Labor and Industries ("BOLI") issued permanent administrative rules for Oregon's Equal Pay Act. The rules will be effective January 1, 2019.

In May 2016, the Occupational Safety and Health Administration (OSHA) published a final rule adding an anti-retaliation provision that prohibits employers from retaliating against employees for reporting work-related injuries or illnesses. The final…

On September 20, 2018, the Washington Supreme Court considered whether an employer’s payment plan that includes “production minutes” or actual clock time as an employee's metric, qualifies as a “piece-work plan” under Washington’s Minimum Wage Act…

On September 18, 2018, the Ninth Circuit, sitting en banc, considered whether fourteen former servers and bartenders were entitled to back wages under the Fair Labor Standards Act (FLSA) for time spent engaged in non-tipped tasks.

In case there was any doubt about it, recent activity by the United States Department of Justice (DOJ) should serve as a sharp reminder to employers that wage-fixing and "no-poaching" agreements are illegal and subject to criminal prosecution. These…

In its May 31, 2018, decision in McLaughlin v. Wilson, 292 Or App 101 (2018), the Oregon Court of Appeals expanded liability for employment retaliation in two ways. The court held that (1) individuals, not just employers, can be primarily liable for…

On May 21, 2018, the United States Supreme Court held that class and collective action waivers in arbitration agreements are enforceable under the Federal Arbitration Act (FAA). Many employers enter into arbitration agreements with employees…

On April 2, 2018, the United States Supreme Court, in a 5-4 decision, resolved a circuit split by concluding that auto dealership service advisors are exempt from the overtime requirements under the federal Fair Labor Standards Act ("FLSA").

On September 28, 2017, the United States Supreme Court agreed to revisit the question of whether service advisors at car dealerships are exempt from overtime. The federal FLSA exempts from overtime "any salesman, partsman, or mechanic primarily…

A federal judge in Texas issued an order on August 31, 2017, invalidating the Final Rule to the so-called "White Collar Exemptions" promulgated by the United States Department of Labor (DOL). Under the Final Rule, the minimum salary level for exempt…

Recently, the Oregon legislature passed Senate Bill 828, known as the Fair Work Week Act, which will dramatically change how covered employers schedule workers. Governor Brown is expected to sign the law soon. The Fair Work Week Act applies to large…

On June 1, 2017, the Governor signed into law the Oregon Equal Pay Act of 2017 (the Act), expanding the current law's protection against wage disparities among employees. Currently, Oregon prohibits discrimination "between the sexes in the payment of…

Section 7 of the National Labor Relations Act protects employees who engage in concerted activities for purposes of collective bargaining or for mutual aid and protection. How far that protection extends was tested in NLRB v. Pier Sixty, LLC, a…

For more than 30 years, the federal Circuit Courts of Appeal have uniformly ruled that Title VII's prohibitions against discrimination based on "sex" do not cover claims for discrimination based on "sexual orientation." That has now changed. Last…

In the wake of Governor John Kitzhaber's resignation last year, the Oregon Legislature amended Oregon's "whistleblower" protection statute (ORS 659A.203) by expanding it to include Section 501(c)(3) nonprofit organizations that receive public funds…

On March 9, 2017, a Multnomah County judge dismissed the claims asserted by a putative class of workers in the closely-watched case Mazahua Reyes, et al. v. Portland Specialty Baking, LLC. All Oregon non-exempt employees are entitled to overtime for…

The Fair Credit Reporting Act (FCRA) allows companies to obtain background information or "consumer reports" for both prospective and current employees. However, it imposes restrictions on the procedure for obtaining reports, and the use of this…

On January 9, 2017, the Ninth Circuit issued its opinion in Navarro v. Encino Motorcars, LLC, on remand from the United States Supreme Court. It held, once again, that service advisors at car dealerships are not exempt from overtime under the Fair…

The Occupational Safety and Health Administration issued a new rule, effective December 1, 2016, which includes three provisions designed to promote complete and accurate reporting by employees of work-related injuries: Employers must inform their…