Here's what you should know.

Employers' use of arbitration agreements continues to gain popularity.

On March 14, 2019, the Oregon Supreme Court considered whether the immunity granted to social hosts from suits for injuries sustained by patrons or guests after voluntarily consuming alcohol under ORS 471.565(1) also bars suit against an employer or…

Earlier this month, the United States Department of Labor (DOL) announced a Notice of Proposed Rulemaking that seeks — again — to raise the minimum salary threshold for employees classified as exempt pursuant to one of the so-called "white collar…

A new decision by the U.S. District Court for the District of Columbia has reinstated a requirement instituted by the EEOC in the last year of the Obama Administration for employers to report pay data. On July 14, 2016, the EEOC asked the Office of…

As we predicted in an earlier article, the Oregon Legislature has introduced a bill (House Bill 3031) to provide paid family and medical leave for all Oregon employees. If passed, the Bill would enact the Family and Medical Leave Insurance Equity Act…

There are strong indications out of Salem that the upcoming session of the Oregon Legislature will see a bill regarding paid family and medical leave. The contours of such a bill are hazy and there is a lot we don’t know about how the leave would be…

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.

July 26, 2018 is National Intern Day – the perfect day to take a look at the employment law issues that impact internships! The primary issue employers need to be concerned about is whether an unpaid or stipend “intern” is actually an “employee” and…

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…