Oregon News & Analysis

  • Eugene joins Portland in enacting paid sick leave

    Starting July 1, 2015, employers with employees working in Eugene will be covered by the city's new sick leave ordinance. Here are some tips for those employers.

  • 9th Circuit seeks guidance on 'day of rest' requirement

    The California Labor Code requires that workers be permitted one day out of seven as a day of rest from work. Sounds like a straightforward rule, but is it? In cases recently presented to the U.S. 9th Circuit Court of Appeals (whose rulings apply to all Oregon employers), the court found that the requirement could be interpreted in various ways and decided to turn to the California Supreme Court for answers.

  • Employee has enough to take disability claims to trial

    Lots of discrimination lawsuits never get to trial because courts may dismiss an action if the evidence of a violation is so limited that there's really no issue to try. But the burden on the employee isn't particularly weighty. A recent decision of the 9th Circuit shows that little more than an employee's own account of what happened may be enough to get his case before a jury.

  • It's 2015—what's new on the immigration reform front?

    Immigration reform—it's a conversation that has ebbed, flowed, and then stagnated for years. Now that yet another year has passed without a comprehensive reform solution on the books, it's a good time for a recap on what is happening.

  • Agency Action

    NLRB prompts employer to rescind policies. The National Labor Relations Boards (NLRB) Fort Worth, Texas, office has announced that Baylor Health Care System, Scott & White Healthcare, has agreed to rescind various policies, including its social media policies, and notify all of its 35,000 employees throughout Texas. Baylor Health Care System, Scott & White Healthcare, provides medical services in the state. Three parties filed unfair labor practice charges alleging that the employer maintained overly broad policies with regard to social media, government investigations and inquiries, fair treatment, addressing compliance concerns, solicitation and distribution, union-free workplace, personal conduct, and its code of ethical conduct. The NLRB found that the rules were overly broad and interfered with employees rights to engage in concerted activity for mutual aid and protection.

  • 9th Circuit nixes pilot's age claim

    Timing is everything sometimes. That was the bitter lesson for Henry Weiland, an airline pilot who turned 60 just six days before federal law changed to permit pilots to continue in flight status to age 65. The 9th Circuit recently affirmed that the law meant what it said about no retroactive application. Weiland had no claim.

  • Oregon sick leave bills contain some surprises

    The Oregon Legislature is currently considering two paid sick leave bills. Not only would the bills create new mandatory paid sick leave obligations for all Oregon employers, but they also would greatly expand the requirements already imposed on employers in Portland.

  • Only reasonable class damages estimate will support federal court jurisdiction

    Employment class actions, which are becoming increasingly common, often are based on state labor regulations and start out in state court. That's typically the forum of choice for the employees who file the lawsuit. On the other side, employers often prefer to defend against such claims in federal court.

  • ACA update: three concerns for employers

    The enactment of the Affordable Care Act (ACA) in 2010 began an extended period during which far-reaching changes to the American healthcare system will take effect, including changes to employer- provided health insurance. The law has required and will continue to require employers to make changes to their plans and important strategic decisions along the way. So what are some of the things employers should be most concerned about now?

  • Supreme Court says federal regs not 'law' under whistleblower statute

    It's generally safe to assume that most of us support the protection of whistleblowers. After all, if a business or government entity engages in illegal activity, endangers public safety, or wastes public resources, most of us would prefer to know—or have the appropriate officials know so the problem can be resolved. Even if the whistleblower discloses information that is confidential or otherwise protected, we still typically believe it is best to have those details come to light.