MARION COUNTY, OR – A former Oregon Department of Transportation employee who reported “gross mismanagement” during the implementation of a new payroll system for state employees will receive $465,000 in damages and lost wages from the State of Oregon to resolve his whistleblower retaliation lawsuit.
Oregon has recently raised the minimum wage for employees. Governor Brown signed into law an increase in Oregon minimum wage on March 2, 2016, and the law came into effect on July 1, 2016. According to the new Oregon minimum wage law, minimum wages vary according to the area of
The Muller case established the principles of equal and fair pay in the courts, including minimum wages in Oregon. There are a number of exceptions to the minimum wage laws in Oregon. The first is known as the executive exemption. Under these rules, those who are in executive positions do
Oregon, like most states in the USA, applies two different rules for small businesses and large enterprises. The indicator that is used for deciding whether a company is a small or large employer is the number of employees it has on its books. According to Oregon health insurance rules, only
Kate Brown, the Oregon Governor, signed H.B. 2005 into law on June 1, 2017. The passed law is also known as the Oregon Equal Pay Act of 2017. The law involves the restrictions that have been in place on salary history inquiries, expanding the remedies that exist for all the
Oregon has recently employed a predictive scheduling system to control working hours. The trade unions in Oregon have been mainly supportive of the work schedules. However, they are well aware that employers will take advantage of every loophole possible. Therefore, these trade unions have been encouraging workers to report any
Although an employer has some discretion to select certain employees for redundancy, they must exercise any employer action in such a way that does not break Oregon employment law. The state has laid out certain procedures that must be followed. However, there is also an expectation that the employer will
At some point in your working career, you may have witnessed or even been part of a workplace romance. Surveys show that 80% of employees in Oregon have either experienced or observed romantic affairs at work. Problems With Workplace Romance in Oregon Romantic affairs in the workplace are more common
The year 2017 will forever go down in history as the year that Hollywood came together and held the men in power accountable for failing to create safe, comfortable workspaces for everyone. Names like Harvey Weinstein, Louis C.K., Morgan Spurlock, and Kevin Spacey populated news headlines. A number of people
The Deferred Action for Childhood Arrivals (DACA) is a program designed for immigrants’ protection. It came as an executive order in 2012. The program was meant to allow certain undocumented immigrant minors in the United States to apply for protection, including protection against deportation and authorization to work. The protections
The Fairness Act for job applicants in Oregon now forbids employers from accessing information in a job applicant’s credit report for hiring purposes, except for cases in which the information relates to the company where the applicant is seeking a job (Revised Statutes Sec.659A.030). Let’s say an employer finds out
Can a simple credit check provide a comprehensive understanding of a potential employee? Can such a check differentiate a bad employee from a good one? According to a good number of insights from ordinary employers, conducting a credit check is important in selecting the suitable candidate for a given job
Drug testing of employees is not specifically addressed in Oregon’s civil rights laws. This does not mean that the employers have carte blanche in conducting drug testing in all situations. It is legal for all employers to conduct drug tests, but it is mandatory for them to proceed with the
Are you given sufficient rest breaks at work? Is your personal health at risk due to a lack of consideration by your employer towards break policies? As an employee, you should have proper breaks in the workplace. Oregon Law clearly states that it is mandatory for employers to grant meal
Social media is here, and it is not going away. The average American spends a minimum of one hour of their workday answering personal calls, emails, and of course, social media. Millenials are quoted to be even more invested, spending an average of 1.8 hours a day on social media
In Oregon, employers have to offer a sick leave rate of one hour for each 30 hours worked. Employees are capable of earning up to 40 hours of time in a year. An employer with between six and 10 employees is considered a small business employer, and their employees may
Equal pay has become a hot topic for all lawmakers across the USA. Now, it is Oregon with HB 2500 equal pay legislation that ensures that every person gets equal pay for equal work. One of the rules they have put in place is that employers cannot check previous salary
Most state governments plan to launch state-sponsored retirement saving programs. They are doing this in response to the retirement crisis. Currently, Oregon and Illinois are the leading states. They launched a retirement savings plan in July 2017 and June 2017, respectively. Therefore, employees in Oregon have a new and easy
Health care workers are closely following the recent changes made by lawmakers. In August of 2017, Oregon legislature passed two radical bills. One focuses on restricting the abusive labor practices by employers. It prevents the passing of the “right to work” anti-union laws by local authorities. The lawmakers also passed
Oregon has a history of problems with race relations. Therefore, a number of laws and provisions were enacted in order to ensure that workers would no longer be subjected to racism and discrimination at work. The Cascade Management case demonstrates some of the tensions that still exist in the workplace
The laws regarding sexual harassment have implications for many people who may not even be aware of their existence. For example, they can have serious consequences for the victim, perpetrator, and even the employer. Employers may be called upon to protect their workers. There are certain key issues of which
There are certain professions in Oregon that are often the victims of unequal pay, low pay, and over work. The current provisions in the law are technically sufficient, but they may not be able to change the attitudes and practices of employers. Some employers are good at identifying any loopholes
For both large and small business owners, following employment law is a necessity if you want to stay in business and stay away from the steep fines you can face. This is easier said than done in certain areas where the laws are tighter and work more regulated. Oregon is
Employees who are first terminated from their jobs may be in such a panic that they do not consider the important question as to whether that termination was actually lawful and legitimate. The termination is a formal process that brings about certain obligations on both the employer and employee. One
The employment law in Oregon is largely a reactive response to the problems that have been encountered in the conduct of the employer-employee relationship. Some employers in Oregon engage in what is tantamount to wage theft. In this case, the employee has to take advantage of some of the avenues
The tribunal is really a word that is closely associated with the law in England and Wales. The equivalent in Oregon is that of a constituted court of law that deals with employment disputes. Nowhere is this more important than in lawsuits that involve some aspect of discrimination. The courts
Oregon has been at the forefront of reforming the law that relates to the rights of workers as well as the ways in which they are compensated for their work. These laws have an impact on manufacturers as they are implemented. One of the areas that has been of key
Current Oregon employment laws ensure that people are paid for the hours that they have worked. These provisions are in line with the Washington Minimum Wage Act, or MWA, which sets out the key forms and procedures required in order for employers to remain compliant with the law. Furthermore, the
Oregon joins Seattle, San Francisco, California, Emeryville, and New York City in developing a predictive scheduling law as an addition to its minimum wage rules. The provisions of instrument number S.B. 828 will start to take full effect on the 1st of July, 2018. The provisions are meant to regulate
When the federal government shut down for sixteen days in October, it left approximately 400,000 employments across the United States effectively jobless. A small percentage of these employees applied for unemployment benefits during that time, and some of them were approved and actually received benefits. However, now that Congress approved
Ali Aboubaker moved to the United States from Tunisia almost 25 years ago and began working for Washtenaw County in Michigan in 1991. Aboubaker started as a bus driver and later moved up to maintenance technician. However, over the years, Aboubaker applied for numerous promotions for which he believed he
Since 2008, the Oregon Equality Act has protected employees in the state from discrimination based on their sexual orientation or gender identity. The law defines gender identity as the gender that a person believes they should be, not their biological gender. Gender identity protections apply also to transgender individuals or
Oregon employers are required to keep certain records on hand for each employee, compiled in a personnel file. These records are highly important in case an employee believes he or she has suffered discrimination, wage and hour violations, any form of retaliation, or wrongful termination. While employees should know their
Many employees in Oregon and across the United States suffer unlawful workplace discrimination every day. Such employees deserve full protection under federal and state anti-discrimination laws, and deserve to be fairly compensated for any violations of their rights under the law. However, like any type of civil action, some workplace
Under Oregon law, when a business goes under, employees still deserve to be fully compensated for all of the work they have completed. As a result, there is a specific process by which former employees may go about collecting unpaid wages if their employer closes. If such employees file a
Employers are generally not supposed to concern themselves with the legal activities of employees after work hours. For example, employees are allowed to drink, smoke, or gamble (where it is legal) during off-hours. Furthermore, employees are allowed to join whatever church, temple, or other organization they choose, and are allowed
A whistleblower is an employee who reports alleged misconduct within the company, either internally or to external authorities. The misconduct reported usually entails the violation of a regulation or law, such as labor law or health code violations, or other types of fraud or corruption that may affect the public.
With the economy still struggling and the unemployment rates looming, many Oregonians are coming up with new and creative ways to make a few dollars. Start-up businesses are cropping up across the state, many based on ideas that sound strange at first, though prove to be successful. For example, many
At the start of employment, many companies want new employees to sign a non-compete agreement, also known as a covenant not to compete. A non-compete agreement is, simply put, a contract that protects an employer by prohibiting certain competition in business by employees or former employees. If an employee signs
With unemployment still a large problem in Oregon and the United States as a whole, many Americans are desperate for any work they can possibly find. Many people take to the Internet to use convenient online job searches and applications. Unfortunately, scammers have realized how to take advantage of online
Though employees deserve to be compensated when their rights are violated at work, not every discrimination, harassment, or wrongful termination claim is valid. Sometimes, there are underlying problems at work and angry or terminated employees wrongfully assert that their employer violated the law in some fashion. In one recent Oregon
In Part 1 of this article, we explained how the Oregon legislature has enacted or updated several laws affecting employers and employees throughout the state. It is always important for employees to be aware of their rights so they may identify any violations thereof. Furthermore, it is equally important for
As the New Year quickly approaches, employers and employees alike will want to be aware of changes in Oregon’s employment laws going into effect on January 1, 2014. Employment law was often at the forefront of legislators’ agendas in 2013, with the living and minimum wage debate and the fight
Many courts around the country have ruled that much of an employee’s activity on social media sites, such as Facebook and Twitter, is protected activity under the First Amendment of the Constitution of the United States. This means that employees may not be terminated or disciplined for protected online speech.
All Oregon employees have specific rights under both state and federal wage and hour laws. On the federal level, the Fair Labor Standards Act (FLSA) requires that employer pay employees a minimum hourly wage of $7.25 per hour, as well as time and a half that hourly wage for overtime
The federal Fair Labor Standards Act (FLSA) and Oregon Revised Statute 653.261 both regulate minimum employment conditions for workplaces within the state. Such minimum conditions include minimum hourly wages, required overtime payments, and required rest and meal periods. These conditions do not apply to all employees, however, as many employees
In many discrimination, harassment, and retaliation claims, a plaintiff can only receive punitive damages if the offending behavior involved a “managing agent.” Punitive damages means additional money is awarded to the plaintiff above and beyond tangible damages, in order to try to deter future offensive conduct and reform the defendants.
One of the many perks of many jobs is the ability to take paid time off or paid vacation time. However, vacation time can also be a touchy subject in many workplaces. For instance, employees often complain that favoritism can play a huge role in manager approval of certain employees’
The Hanford Nuclear Reservation has long been a health and environmental concern for Oregonians. Hanford is the most contaminated site in the nation, and many of the underground tanks holding nuclear waste are leaking. If the waste is not properly treated, the Columbia River and surrounding communities could be compromised.
Most employers know that it is against Oregon laws to discriminate against any employees on the basis of race, national origin, color, sex (includes gender, pregnancy and sexual harassment), sexual orientation, age (18 or older), disability, religion, marital status, family relationship, or association with a member of a protected class.
The Family and Medical Leave Act (FMLA) allows employees to take up to twelve weeks of leave per year for certain reasons without the fear of losing their jobs. The Oregon Family Leave Act (OFLA) provides further, similar protections for employees within the state. These reasons include: Serious health conditions
Employees in Oregon are protected under both federal and state laws from discrimination and harassment at work based on factors such as race, gender, sexual orientation, age, disability, and many more characteristics. Furthermore, an employer may not discipline, demote, discharge, or otherwise retaliate against any employee who complains of unlawful
A case currently in Oregon courts, Devi v. Oregon Department of Corrections, asserts the importance of consistent interviewing to avoid discriminatory practices. The plaintiff, Harish Devi, began working as a corrections officer at Oregon Department of Corrections’ Shutter Creek Correctional Institution (SCCI) in 1995. In 2011, Devi was one of
As previously discussed on this blog, federal laws do not protect unpaid interns from discrimination or harassment because they do not fit the law’s definition of an “employee.” However, states may choose to adopt laws that extend workplace protections to unpaid interns, which allow them to hold companies accountable for
Many large companies have their employees participate in a “pay-at-risk” compensation plan, which links a portion of employees’ incomes to the company’s performance. While this program means large paychecks for employees when the company is prospering, it also means that employees pay the price when the company is doing poorly.
Human trafficking is a term for a person or group holding another person for compelled service. Related common terms include involuntary servitude and forced labor. Human trafficking is a serious problem in almost every country in the world and the United States is no exception. The Trafficking in Persons Report
Due to the enactment of the Oregon Medical Marijuana Act (OMMA) in 1998, Oregon is one 20 states plus the District of Columbia to pass legislation legalizing the use of marijuana for medical purposes. The laws under OMMA, ORS 475.300-ORS 475.346, protect citizens with debilitating medical conditions from criminal liability
Sexual bias continues to be a significant and pervasive problem in the United States. On average, women tend to earn less than their male counterparts and are often underrepresented in executive or supervisory positions. In addition, thousands of people each year are subjected to inappropriate and demeaning sexual discrimination year
Everyone has bad days at work. Most people have coworkers who may be annoying, undermining, and even occasionally name-call in the workplace. Numerous employees believe their bosses are ‘mean’ or on power trips. Almost everyone has days during which the annoyances at work reach a point where they want to
As the wealth disparity between rich and poor continues to grow in the United States, the minimum wage has been the subject of much debate. Critics contend that the minimum wage does not provide a living wage, while supporters point to market forces and increasing globalization as a reason to
Discrimination in the workplace based solely on an employee’s disability is against both federal and state law. Any company within the state of Oregon that has six or more employees must comply with Oregon Revised Statutes 659A.100-145, which regulate the civil rights of disabled persons and prohibit discrimination against disabled
The Oregon legislature has passed several new employment measures in 2013, most of which took effect on January 1, 2014. Many of the laws provide additional rights and protections for Oregon employees, which demonstrates a positive pro-employee trend among the legislators. Employees throughout the state should familiarize themselves with the
The unfortunate reality is that anyone can become a victim of illegal acts such as domestic violence, harassment, sexual assault or stalking. Victims of these crimes may requirement several different kinds of assistance from medical doctors, therapists or psychiatrists, law enforcement, etc. Working with law enforcement and prosecutors and ultimately
When the Americans with Disabilities Act (ADA) was into law 23 years ago this month, it marked an expansion of civil rights protections to people with disabilities. In many ways it is similar to the Civil Rights Act of 1964, which prohibits certain parties from discriminating on the basis of
We recently discussed federal and state minimum wage issues in a blog post highlighting McDonald’s somewhat out-of-touch proposed budget for its minimum wage employees. “Big box” retailers have long been the subject of criticism for paying their workers particularly low wages, drawing displeasure from observers who claim that the companies
Discrimination is a pervasive problem in the United States today, affecting millions of employees every year. Both state and federal law protect workers from certain kinds of discrimination. Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, religion, color, sex or national origin.
Last week, the not guilty verdict announced after the five week-long George Zimmerman trial sparked debates and demonstrations throughout the nation. The office of Florida State Attorney Angela Corey has faced harsh criticism by legal experts and thousands of Americans for its failed prosecution efforts. In addition, Zimmerman’s defense team
In these current economic times, job security is a luxury. It seems that we cannot go a day without hearing about layoffs or another company filing for bankruptcy. Sometimes, when companies are forced to cease operations, they may not have enough money to pay their employee’s final wages. Not only
Many businesses may have multiple people working for them on a part-time or contractual basis, fulfilling needs as they arise or as particular projects come up. Generally, most employers think of these workers as independent contractors, and in many cases they may be correct. Sometimes, however, conduct on the part
Losing a family member is one of the most difficult events a person may experience in their lives. The resulting grief can cause many mental or emotional issues, and may hinder a person’s ability to carry on as usual in his or her everyday life. Unfortunately, most employers, especially large
Nearly everyone will have to deal with certain life events that can make working nearly impossible. As a result, both state and federal law mandate that employers give their employees a certain amount of leave to deal with certain types of events. The types of events that make an employee
In Oregon, state law prohibits discrimination on the basis of race, color, religion, sex, sexual orientation, national origin, marital status, or age. One particularly pervasive form of discrimination occurs when a person is subjected to sexual harassment in the workplace. Such harassment could take the form of inappropriate comments, touching,
The Fair Labor Standards Act (FLSA) sets out strict guidelines for how employees must be compensated for their work. For example, to comply with the federal law, employers must pay each employee a minimum of $7.25 per hour. Employees who work over 40 hours per week must be paid a
The issue of lesbian, bisexual, gay, and transgender rights has been in the spotlight as of late, not least of all due to the highly anticipated decisions on the issue that were released by the Supreme Court recently. Those decisions, known colloquially as the DOMA and Prop 8 decisions, bolstered
Nepotism complaints are not very common in the state of Oregon, especially as compared to the large amount of annual complaints alleging discrimination or wage and hour violations. In fact, labor officials report investigating only a handful of possible nepotism cases each year. However, nepotism allegations have recently surfaced from
In March of this year, Portland City Council unanimously voted to pass an ordinance that would require employees to be able to accrue paid sick leave. Taking effect on January 1, 2014, the guaranteed right to paid sick leave will apply to employees working at companies with six or more
The United States Department of Labor recently investigated 110 restaurants across the Portland area for possible violations of the Fair Labor Standards Act (FLSA). Restaurants across the nation are notorious for wage and hour violations, and the Portland district director of the Labor Department, Jeffrey Genkos, has stated that restaurants
The economic downturn of recent years has led to an increase in the number of unpaid internships being offered. Employers are certainly happy to have additional unpaid help, and students and other job-seekers find these positions desirable in order to add additional experience to their resumes. While at first glance
Many laws exist on the state and federal level prohibiting employment discrimination based on factors such as race, color, national origin, age, gender, and disabilities. Employment discrimination refers to any discriminatory employment practices such as bias in hiring, job assignment, promotion, compensation, and termination, as well as various types of
On June 26, 2013, the Supreme Court of the United States reached a landmark decision in United States v. Windsor that struck down the Defense of Marriage Act (DOMA). DOMA prohibited the federal government from legally recognizing same-sex marriages and from providing federal benefits to same-sex married couples. The decision
In 1998, Oregon became one of the first states to legalize the use of marijuana for medicinal purposes (eighteen states, as well as the District of Columbia, now have similar laws). While Oregon does not have any legal marijuana dispensaries, an individual who suffers from certain diseases or disabilities can
Oregon’s Office of Emergency Management has been fielding one crisis after another in recent weeks. Given that the Office’s stated role is to help Oregon’s state and local leaders prepare for and respond to natural disasters and other emergencies, it is ironic that the messes currently facing the department are
Controversies about unionization or employment rights rarely bring out the best in people. When disagreements arise about whether or not workers should unionize, almost everyone involved in the situation is likely to have a strong view about the right course of action, and can be quite aggressive in his or
In two of our recent blog posts(“Oregon Restaurant Industry Fights Limits on Tip Sharing” and”Tip Sharing Litigation Brings into Question the Limits of the Labor Department’s Authority”), we discussed how the restaurant industry in the Pacific Northwest had brought suit in Oregon’s district court against a Labor Department rule limiting
Generally, one of the major functions of the United States Department of Labor is to ensure that employers act fairly toward their employees – paying them fair wages, not overworking them, and protecting them from harassment, among other things. According to the Oregon Farm Bureau, however, the Labor Department has
Many people who are financially well off think nothing of hiring housekeepers and nannies to help make their day-to-day lives run more smoothly. In the best scenarios, these domestic employees become part of the family and are treated with a great deal of love and respect. However, the picture is
One of the most important provisions of the Americans with Disabilities Act of 1990 (ADA) is that employers cannot discriminate against qualified employees who happen to have disabilities. One of the main ways of preventing discrimination is requiring employers to make “reasonable accommodations” for certain mental or physical limitations that
It is no exaggeration to say that race has played a fairly prominent role in the evolution of employment rights in American history. Whether it was the right of African-Americans to be paid for their labor at all, as opposed to being considered the property of other human beings, or
As anyone who has worked in a restaurant knows, tips can be a huge source of stress among the staff. Since many servers are not paid a very generous base rate, they rely on tips as their primary source of income; as such, worries and frustrations surrounding poor tippers run
As the Oregonian recently reported, the Coast Guard has recently become involved in managing safety in a lockout where protests are occurring both on land and on boats in the Columbia and Willamette rivers. This labor dispute is between longshore workers, who load and unload ships at the dock, and
In 2007, the Clackamas County Sheriff’s Office informed Alan Hull, then the fire chief at the Estacada Rural Fire District, that one of his employees had embezzled $1.9 million from the district. The Sheriff’s Office then asked Mr. Hull to go undercover and gather evidence of this employee’s wrongdoing, which
A few weeks ago, we informed you that the Oregon House of Representatives was considering a bill that would prevent employers from requiring their employees or potential employees to provide access to their social media accounts. As KATU.com recently reported, the Oregon Senate passed House Bill 2654B with a large
Sports coaches at universities across the United States provoke strong reactions among fans of collegiate athletics. Especially for coaches of the top collegiate teams, there are few lukewarm feelings, and the coaches are often at the center of controversy for their choices both on and off the field or court.
It can often seem that business interests and employment rights concerns are working at cross-purposes to each other. Advocates from both groups can often present almost knee-jerk opposition to any proposal from the other side. Nevertheless, the two sides manage every so often to negotiate their way into a compromise
Though many employers, including government employers, profess to support the rights of their employees, their union-blocking actions do not always match up with their enthusiastic claims. Such is the case with the city of Portland, which is seeking to stop its park rangers from unionizing. In this post, we will
A Portland-based company called Alta Bicycle Share has experienced its share of professional peaks and valleys in the last few weeks. Citi Bike, a wide-ranging bike share program run by Alta Bicycle Share, recently opened to great fanfare in New York City. With 15,000 members and 6,000 bicycles at over
In our series on the debates surrounding Oregon’s Public Employees Retirement System (PERS) and its potential reforms, we have looked at the issue from several different perspectives: first we examined the major problems plaguing the system, then we explored how the brokenness of the system has adversely affected schools and
The stereotypical idea of a labor dispute often involves blue-collar workers, such as factory employees or agricultural laborers. The truth, however, is that struggles for employment rights occur in varying contexts and at many different socioeconomic levels. A perfect example of this is the fact that one of the biggest
In our last post, we discussed how Oregon’s Public Employees Retirement System (PERS) has been the subject of ongoing criticism and attempts at reform. Specifically, we explored one of the major liabilities of the system – the Money Match pension formula that has significantly raised pension costs for government employers
One of the most important issues facing the state of Oregon these days is the brokenness of its Public Employees Retirement System (PERS). In order to provide you with a holistic understanding of the situation, this post will be the first in a series discussing PERS reform. In this post,
https://hkm.com/bereavement-leave-soon-available-oregon-employees/Recently, we discussed a new ordinance passed by the city of Portland that guarantees all employees the right to sick leave benefits. Now it seems that the state of Oregon is following Portland’s lead and considering expanding leave benefits for employees across the state. The Oregonian recently reported that Oregon’s
As with many employees across the country, a union protects the employment rights of Portland’s police commanders. A new move by the Portland mayor to decertify the police commanders’ union, however, has many employment rights advocates worried that the city is trying to infringe on the rights of commanding officers
Questions of free speech in schools are always fraught with complications – whether it involves student protesters of the Vietnam War or teachers expressing their moral or political beliefs to their students. One Portland teacher, who claims that his job is in danger because of his vocal opposition to Planned
Though unions are normally considered organizations that protect the interests of workers, two Oregonians, along with an out-of-state donor, are pushing a ballot initiative that would seek to protect employees from union membership. The Oregonian reported in late March that Washington County attorney Jill Gibson Odell – the former legislative
When most people hear the term “labor dispute” they normally picture a large corporation with several layers of disconnected managers and unfeeling personnel policies. While there are many – too many – cases of this sort, even small, seemingly labor-friendly nonprofit organizations can become embroiled in employment rights disputes. Nonprofit
It seems that a recent spate of employees, fired because of their use of controlled substances, have been finding novel methods of challenging their dismissals. First was Brian Milam, the Washington pilot who fought to be reinstated at his job after failing a random drug test and admitting to having
In a recent post, we discussed how an Oregon employer had allegedly wrongfully discharged a former military service member, denying him his federally mandated employment protection. At the other extreme is the League of Oregon Cities, which hired a former service member to be the city manager for the city
Last month, the Portland City Council unanimously voted to enact an ordinance guaranteeing the right to sick leave for employees in the city of Portland. The Portland ordinance follows similar measures enacted in San Francisco and Seattle, and it was pushed through by a large coalition of local activists and
Almost everyone knows that the economy – across the world as well as within the United States – has been troubled for the last several years. As a result, many hardworking individuals have been forced to rely on unemployment benefits to help cover their basic living expenses while they try
In the quest for ever-increasing output, many companies have begun implementing health and wellness initiatives to ensure that their employees remain healthy, happy, and (most importantly) productive. However, a Portland company at the forefront of the quantified self movement – which uses statistical data about a person’s characteristics and activities
The Oregonian recently reported that a former manager at the Oregon-based company, Electro Scientific Industries (ESI) has filed suit against his former company in the U.S. District Court of Oregon. Lynn Matthew Sheehan alleges that ESI attempted to block him from working at another laser company, and that he is
The state of Oregon and Governor John Kitzhaber are facing a serious challenge to the state’s sheltered workshop system for disabled Oregonians. A class action lawsuit led by the organization Disability Rights Oregon (which the United States Department of Justice joined as a co-plaintiff at the beginning of April) claims
The Oregonian published an article reporting that the United States Department of Justice joined a lawsuit against Governor John Kitzhaber and the state of Oregon that demands changes to the state’s “sheltered workshop” system for individuals with severe disabilities. The fact that the Justice Department intervened as a plaintiff into
New mothers in Oregon are eligible for up to 12 weeks of job-protected leave after the birth of a child, under the federal Family and Medical Leave Act (FMLA), and, depending on the circumstances, an additional 12 weeks of leave under the Oregon Family Leave Act (OFLA). The Oregon Health
The state of Oregon, and the city of Portland in particular, have been seen as one of the most pro-employee states in the country, with the second highest minimum wage and many liberal employee friendly laws. In 2013, Portland became one of only a handful of jurisdictions to approve an
Margaret Fonberg worked as a law clerk for the federal court system in Oregon. Fonberg and her same-sex partner could not legally marry in Oregon, but instead registered as domestic partners under the Oregon Family Fairness Act. The Act entitles registered domestic partners to all the same rights and responsibilities
Title VII of the Civil Rights Act of 1964 protects employees from discrimination and harassment based on their race, color, religion, sex and national origin. What many people may not realize, however, is that the law further protects employees from discrimination and harassment based on their relationship with someone who
Three former Starbucks employees in Oregon recently filed a class action lawsuit in Oregon federal court against the coffee giant, claiming they made less than minimum wage because of the way the company dealt with tips on paystubs. According to the complaint, employees divide tips proportionally to the hours worked
Perhaps. Buried deep, deep, and we mean deep in a lengthy decision resolving a procedurally convoluted case, the Court seemed to open the door a bit for plaintiffs seeking to prove claims of common-law wrongful discharge. As we’ve previously discussed, one way to succeed on such a claim is for
In Oregon employment is generally “at will” meaning that either the employer or the employee can terminate the relationship for any reason so long as the reason is not unlawful. However, Oregon also recognizes a common-law wrongful discharge claim if an employee is fired for (1) fulfilling an important public
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. Seattle recently followed San Francisco’s example and enacted its own paid sick leave ordinance. (In fact, Seattle’s ordinance went even further
Oregon enacted its Military Family Leave Act (OMFLA) in June 2009. OMFLA requires employers with 25 or more employees to provide up to 14 days of family leave per deployment to employees whose spouses are in the military when certain conditions are met. First, a “period of military conflict” must
If you have recently been terminated from your job or workplace, you may have been offered severance pay by your former employer. While many people think severance pay is a reward for their hard work, it is more often offered because an employer is seeking to protect the firm from
The Oregon House voted this last week to make it illegal to post a job advertisement discrimination against unemployed jobseekers. The proponents of this legislation say that job ads that exclude unemployed applicants is discouraging people who are struggling to make ends meet and find work in this tough economy.
