Oregon News & Analysis

  • OR high court OKs unemployment taxes for independent taxi drivers

    In a decision that will be of interest to businesses with a similar operating formula, the Oregon Supreme Court affirmed a decision that taxicab drivers worked for pay and were employees, not independent contractors. Accordingly, unemployment insurance taxes were due.

  • Changing rules for Northwest noncompetition agreements

    Both Oregon and Washington, one by statute and one by case law, have modified the rules regarding the enforcement of noncompetition agreements. Employers operating in the Northwest should be familiar with both state laws.

  • EEOC's 2015 guidance on pregnancy accommodation and leave

    In June 2015, the Equal Employment Opportunity Commission (EEOC) issued updated guidance on pregnancy discrimination. In addition to addressing the issue of light duty and accommodations, the guidance spends a considerable amount of time addressing leave as a form of pregnancy accommodation.

  • Your FMLA obligations when an employee wants privacy

    The Family and Medical Leave Act (FMLA) can be tricky when an employee wants his health condition to remain private. For example, what do you do if you learn from a coworker that an employee has cancer? The employee has taken three- to four-day periods of accrued paid time off (PTO) on several occasions without explanation. Since no explanation is required under your PTO policy, you have granted the leave without question.

  • 9th Circuit orders enforcement of EEOC investigative subpoena

    Sometimes employers resist requests for information from the Equal Employment Opportunity Commission (EEOC). But when push comes to shove, the agency may get its way. This was the outcome of a recent decision of the U.S. 9th Circuit Court of Appeals (which covers employers in Oregon).

  • Thin line between political and hate speech: What's acceptable at work

    Picture it—it's a Friday afternoon at the end of a very long week, and just as you are about to sneak out early for the weekend, one of your employees walks into your office wearing a camouflage trucker hat emblazoned with the words "Make America Great Again." Oh perfect, you think to yourself, another Trump supporter. And before you can stop yourself, your (irrational and unproductive) irritation gets the best of you, and you find yourself remarking sarcastically, "Nice hat. Do you hate women, too?" The employee gives you a shocked look but leaves your office after getting an answer to an unrelated question, and as he walks away, you proudly tag Hillary Clinton in a tweet about how you stood up for women's equality.

  • 10 steps to prepare for final overtime regulations

    The U.S. Department of Labor's (DOL) final overtime regulations are due out any time now, and employers are trying to figure out how the changes will affect their bottom lines. Here are 10 steps you can take now to prepare for the release of the final regulations.

  • Time to prepare for large employer ACA tax reporting requirements

    Few would claim their favorite season is "tax season," and this year, large employers have yet another reason to dread it: Mandatory filing requirements dictated by the Affordable Care Act (ACA) kick in for 2015.

  • The 5 worst things you can do when you get an 'I'm expecting!' e-mail

    As you enjoy your morning coffee at your desk while reviewing your e-mails, a message from one of your employees, Sarah, pops up: "Just wanted to share some exciting news: I'm pregnant!" Pregnancy—social media is abuzz with the topic. Now, the pregnancy ball is in your court. Here are five mistakes to avoid.

  • Oregon joins other Western states in updating its data security law

    Two significant changes to Oregon's data breach law will take effect January 1, 2016. The amendments add a notification requirement and change the definition of "personal information."