Oregon News & Analysis

  • Threatening to enforce an invalid Oregon noncompete is not unlawful

    The Oregon Court of Appeals recently ruled that an employer that threatened to enforce a noncompetition agreement that didn't comply with Oregon law wasn't liable for intentionally interfering with a former employee's employment prospects.

  • New proposed overtime rules are call to action for employers

    Just in time for the 4th of July holiday, the U.S. Department of Labor (DOL) released its long-awaited proposed changes to the rules for determining which employees are exempt from overtime requirements. This is the first major overhaul of the overtime rules since 2004, and you need to understand and plan for the impact the proposed changes will have on your organization.

  • 9th Circuit orders second look at class action settlement of wage claims

    Because a class action potentially affects the rights of individuals who aren't actively involved in the litigation, the settlement of such claims requires court approval. And when some class members object to the settlement terms, special scrutiny is required. That's why the U.S. 9th Circuit Court of Appeals (whose rulings apply to all Oregon employers) recently sent a class action settlement back to the trial court for another look at the fairness of the deal.

  • 9th Circuit parses RLA to determine applicable bargaining rules

    The Railway Labor Act (RLA) regulates labor relations in the rail and air industries with a goal of minimizing work disputes that could disrupt travel and transport. The rules are complicated and somewhat arcane, as amply illustrated by a recent decision of the 9th Circuit.

  • What's next after Supreme Court's same-sex marriage decision?

    In a landmark 5-4 decision, the U.S. Supreme Court in Obergefell v. Hodges held that the Fourteenth Amendment to the U.S. Constitution requires states to license a marriage between two people of the same sex and to recognize a same-sex marriage that was lawfully licensed and performed out of state. The decision ends the ban against same-sex marriage in 13 states and affects employers on several levels.

  • Agency Action

    $1.25 million going to study paid leave programs. The U.S. Department of Labor (DOL) announced in June that $1.25 million is to be made available to research and analyze how paid leave programs can be developed and implemented across the country. Greater access to paid leave is a priority for the Obama administration. A number of state and local governments have adopted or are now considering paid leave legislation, according to the DOL announcement. The grant program will enable similar actions in other jurisdictions. The funding announcement builds on a 2014 DOL Womens Bureau grant program that awarded a total of $500,000 to support paid leave feasibility studies in three states and Washington, D.C.

  • Workplace Trends

    Survey identifies cities with most new jobs paying living wage. A survey by CareerBuilder finds that since 2010, 28 metro areas have seen at least half of their new jobs created in occupations that pay a living wage. Beaumont-Port Arthur, Texas, and Detroit, Michigan, lead the list for creating jobs in occupations that pay a living wage for households with two adults and one child. Sixty-six percent of new jobs in the seaport and energy driven Beaumont-Port Arthur region pay above the areas $16.46-an-hour living wage. A rebound in manufacturing jobs is responsible for 64% of new jobs paying above Detroits $17.08 living wage. A living wage covers basic family and household expenses, incorporates estimated taxes, and assumes individuals are working full-time.

  • Union Activity

    Union calls for action in response to data breach. The American Federation of Government Employees (AFGE) is urging the Obama administration to address what it calls the governments failed response to a massive data breach affecting federal workers. The Obama administration must take immediate steps to rectify a series of failed responses to the massive data breach of millions of federal personnel records, the union said in a statement released June 23. The estimated 18 million people who have had their personal information stolen deserve more than evasive responses, inept customer service, and inadequate security measures. The statement said the unions concerns stem from the Office of Personnel Managements (OPM) hasty decision to contract out its response efforts to a company that, according to published news reports, has little to no experience in credit monitoring.

  • Paid sick leave and minimum wages, oh my!

    Oregon has passed a paid sick leave law. A minimum wage hike isn't as likely this year.

  • Oregon may ban 'the box'

    The Oregon Legislature will likely send Governor Kate Brown a bill that prohibits employers from requiring job applicants to disclose criminal convictions prior to an interview.