Employment Blog

Topic: Portland

Is Health Insurance a Right for Oregon Workers?

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

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Trade Union Responses to Work Schedules in Oregon

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

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Oregon Laws Regarding Romance in the Workplace

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

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DACA and Employment Law in Oregon

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

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Criminal History Checks for Employment in Oregon

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

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Drug Tests for Employees in Oregon

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

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Workplace Breaks in Oregon: Know Your Rights

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

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Can You Get Fired for a Personal Post on Social Media?

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

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Sick Leave Laws in Oregon

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

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Reporting Salary History in Oregon (HB 2005)

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

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The OregonSaves Program

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

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Oregon Laws on Sexual Harassment at Work

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

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The Oregon Labor Law on Termination with Discharge

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

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The Role of the Employment Tribunal in Oregon

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

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Wage and Hour Laws in Oregon

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

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Some Government Employees Get to "Double Dip"

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

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$1.2 Million Awarded in Religious Discrimination Case

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

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Gender Neutral Employee Sues Former Oregon Employer

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

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An Employee’s Right to View Personnel Records in Oregon

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

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Not All Discrimination Claims are Valid

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

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“Love Clause” Raises Eyebrows in Employment Contract

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

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Whistleblowers Do not Have Free Reign to Take Company Documents

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.

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Strange New Industry Growing in Portland

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

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Non-Compete Agreements in Oregon

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

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Tips for Oregonians to Avoid Job Scams

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

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Oregon Employer Wins Complicated Harassment Case

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

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Rights Under Oregon Wage and Hour Laws

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

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Meal Break Requirements in Oregon

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

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What is a Managing Agent and why is it Important?

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.

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New Trends in Vacation Policies

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’

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Oregon Senator Defends Nuclear Whistleblower

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.

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Prohibited Interview Questions

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.

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FMLA Abuse can bar Recovery for Retaliation

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

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Lesser-Known Employee Civil Rights in Oregon

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

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Irregularities in Interviews Can Show Bias

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

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Oregon Treats Unpaid Interns Better than Other States

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

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EEOC Uses Wage and Hour Laws to Combat Human Trafficking

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

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Oregon Courts on Constructive Discharge Claims

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

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McDonald’s Proposed Employee Budget Draws Criticism

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

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Disabled Oregonians Should Know Their Rights in the Hiring Process

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

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New Labor Laws in Oregon

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

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Protections for Oregon Employees who Suffer Domestic Violence

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

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ADA Turns 23 This July

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

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Portland Town Looks to D.C. for Minimum Wage Laws

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

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Oregon Age Discrimination

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.

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Whistleblowing Accusations Against Prosecutors in Zimmerman Case

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

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Collecting Final Wages from Closed or Defunct Businesses

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

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Oregon Law on Independent Contractors

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

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The Oregon Family Leave Act

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

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Oregon Man Suing DOJ for Sex Discrimination

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,

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How to File a Wage Claim in Oregon

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

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Nepotism in Oregon’s Employment Department

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

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Recent Wage Violations in Oregon Restaurants

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

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Gawker Media Sued by Interns for FLSA Violations

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

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Oregon and Federal Laws Against LGBT Employee Discrimination

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

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How Does the DOMA Decision Affect LGBT Employees?

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

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Oregon Allows For Medical Marijuana Use … But Do Employers?

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

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Oregon Military Department Facing Sexual Harassment Scandal

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

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Oregon House Passes New Protections For Domestic Workers

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

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Oregon Considers Making Coaches Pay NCAA Penalties

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.

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Portland Blocks City Park Rangers’ Plans to Unionize

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

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Portland Company Accused of Unfair Wage Practices

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

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PERS Reform: Proposed Changes to Lower Pension Costs

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

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PERS Reform: Budget Woes Are Hurting Teachers and Students

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

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Oregon Considers Passing More Comprehensive Leave Law

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

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Portland Mayor Moves to Decertify Police Commanders’ Union

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

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New Initiative Claims to Protect Public Employees From Unions

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

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Community Radio Station Involved in Labor Dispute

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

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Oregon Officer Claims Firing Him Violates the ADA

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

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Understanding Portland’s Paid Sick Leave Ordinance

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

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Company Health Tracking Programs Raise Privacy Concerns for Employees

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

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Federal Government Claims that Oregon Segregates Disabled Individuals

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

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Rights of Breastfeeding Mothers in the Oregon Workplace

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

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Portland Businesses Adjust for New Law

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

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Victory for Oregon Employee in Domestic Partnership

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

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Man Wins Over $300,000 due to Workplace Harassment

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

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Oregon Employees Lead Starbucks Class Action Suit

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

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Negotiating Your Severance Pay

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

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