Over five years ago San Francisco’s paid sick leave ordinance went into effect, which required employers to provide paid sick leave to all employees working within the city limits. As we discussed in another post [click here], Seattle recently followed San Francisco’s example and enacted its own paid sick leave ordinance. (In fact, Seattle’s ordinance… Read More
Posts Categorized In: Current Affairs
Welcome to our Portland Employment Law Blog
Our lawyers are pleased to announce the launch of our Portland Employment Law Blog.
Eighth Circuit Enforces “But For” Burden of Proof in ADEA Case
In an Age Discrimination in Employment Act (ADEA) action claiming a wrongful demotion, the lower court had instructed the jury to enter a verdict for the plaintiff if he proved, by a preponderance of the evidence, that he was demoted and his age was a motivating factor in the demotion decision. The Eighth Circuit Court… Read More
Jurors’ Use of the Web Causing Problems at Trial
A major rise in the use of handheld devices such as the Blackberry and iPhone is becoming a problem in courtrooms across the country. A mistrial was recently declared in a major criminal drug trial in federal district court in Florida, after the judge learned that nine of the jurors had used their handheld devices… Read More
Supreme Court Affirms Primacy of ERISA Plan Documents
In a unanimous decision, the U.S. Supreme Court that an ERISA plan’s specific procedure for designating beneficiaries controls over other instruments that may conflict with it. In the case, Kennedy v. Plan Administrator for the DuPont Savings & Investment Plan, an employee designated his wife as the beneficiary for his pension plan and his… Read More
Legal Update: ADA Amendments Act of 2008
On September 25, 2008, new federal legislation was signed that expands the scope of the Americans with Disabilities Act. Known as the ADA Amendments Act of 2008 (the “ADAAA”), the amendments reverse or nullify several Supreme Court rulings that significantly narrowed the scope of protection under the ADA. The basic definition of a disability… Read More
Full Disclosure
The incoming administration of President-Elect Obama is exercising unprecedented—and some say unwarranted—scrutiny on job applicants. Individuals applying for jobs in the Obama administration are being asked to complete a seven-page questionnaire that asks a wide variety of questions, covering topics such as personal and professional records, applicants’ families, electronic communications including personal blogs and… Read More
Trade Secrets in the NFL?
The intersection of law and professional athletics is often an interesting topic (e.g., why doesn’t Major League Baseball violate the Sherman Act?). Employment law is no exception. In recent days, former Green Bay Packer quarterback Brett Favre has come under intense media scrutiny after he had a telephone conversation with the Detroit Lions’ General… Read More
EEOC Update guidance to conform with Americans with Disabilities Act Amendments of 2008
The EEOC’s update to its guidance entitled “The Americans with Disabilities Act: Applying Performance and Conduct Standards to Employees with Disabilities” makes clear that employees with disabilities must meet job-related qualifications standards that are consistent with business necessity, and must be able to perform the essential functions of the position, with or without reasonable… Read More
New Federal Law Requires Equal Coverage for Mental Illnesses
A new law quietly passed as part of the recent economic bailout package that requires insurance coverage to be equal for mental and physical illnesses. Health plans commonly provide less, or different, coverage for mental illness and addiction disorders than for physical illnesses. In particular, health plans have regularly set higher co-payments for treatment… Read More