Oregon News & Analysis

  • Is paid family leave next for Oregon?

    Oregon legislators are in the process of submitting proposals for new legislation. Will paid family leave be among them?

  • 9th Circuit requires arbitration in Uber drivers' lawsuits

    Workers who agree to arbitrate any claims that may develop sometimes later decide they would prefer to have their day in court. The result is an array of court decisions on the question of whether particular arbitration agreements will be enforced. A recent decision by the U.S. 9th Circuit Court of Appeals (whose rulings apply to all Oregon employers) required Uber drivers who had filed two lawsuits to submit most of their claims to arbitration.

  • Writing effective workplace investigation reports

    When a lawsuit alleging discrimination, harassment, or retaliation arrives at your door, will you be prepared to defend it?

  • Former federal worker can't skip step on whistleblower claim

    In a case that has dragged on for years, the 9th Circuit recently ruled that a former federal employee may not file a whistleblower claim in court without first going through a required administrative review.

  • Answers to questions on managing employee status changes under ACA

    Even HR professionals with a good handle on the Affordable Care Act (ACA) can be thrown for a loop when an employee's status changes—and as an HR pro, you know such changes take place all the time.

  • Feds say HR pros can be criminally liable in antitrust cases

    The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) have announced that going forward, they intend to pursue criminal charges against individuals involved in illegal anticompetitive activity. And HR professionals "often are in the best position" to ensure compliance, the organizations said in a new guidance.

  • Agency Action

    EEOC looks into implications of big data. The use of big dataalgorithms, data scraping of the Internet, and other means of evaluating information on individualshas the potential to reduce employment discrimination, but it also can worsen bias, Jenny R. Yang, chair of the Equal Employment Opportunity Commission (EEOC), said after a public hearing on the issue in October 2016. A panel of industrial psychologists, attorneys, and labor economists told the EEOC that the use of big data is expected to grow. Yang cautioned that although innovation can reduce discrimination, it is critical that these tools are designed to promote fairness and opportunity, so that reliance on these expanding sources of data does not create new barriers to opportunity.

  • Workplace Trends

    Survey shows employers plan to focus on retention in 2017. A new survey shows employer compensation plans for 2017 place retention ahead of a desire to control costs. Fifty-three percent of respondents in the Xerox HR Services 2017 Compensation Planning Survey report that their highest priority in the coming year is retaining top talent. The survey shows a shift from cost control to rewards for top performers. The 10th annual survey found that while pay raises are expected to remain at 3%, nearly all survey participants who plan to offer lump-sum payments in 2017 will do so to reward employees who have reached or are above their pay range maximum. In addition, 37% of employers intend to determine market pay adjustments for high-potential employees.

  • State of union: No retaliation claim without claim against employer

    A recent decision by the Oregon Court of Appeals clarifies that retaliation claims can be filed against parties other than an employee's employer, but the claim that allegedly motivated the retaliation must have been made against the employee's employer.

  • Seattle regulates employee work schedules: Is Oregon next?

    The Seattle City Council recently passed the "Secure Scheduling Ordinance," imposing significant scheduling requirements on large employers in the retail and food-services industries. Given the history of Seattle ordinances becoming city of Portland and Oregon state law, is Oregon next?