Employment Blog

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 for the use of small amounts of marijuana as part of a physician recommended pain treatment program. Furthermore, the 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 new laws to ensure they receive the new benefits to which the new laws entitle them. Some of the laws

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 serving as a witness to convict the offender can be very time consuming, and personal recovery–physical, mental, and emotional–even more

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 fail to pay their employees a living wage. D.C. lawmakers are now looking to target companies such as Wal-Mart by

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 are the employees then out of a job, they may also be without a final paycheck on which they may

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 of an employer may actually operate to turn an independent contractor into an employee, opening up a variety of legal

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 eligible for leave include the birth of a child, medical conditions, pregnancy, or injury. The Oregon Family Leave Act (OFLA)

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 higher overtime rate unless their position is specifically classified as exempt. In addition to FLSA, Oregon has its own state

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 are regularly on the department’s “radar.” Wage and hour violations are common in restaurants partly because the workforce is often

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 grow, possess, and use marijuana with a doctor’s recommendation. Until recently, the conditions under which Oregonians could legally use marijuana

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 all internal, manmade, personnel concerns. First [link to “Union Alleges that Emergency Management Director Committed Unfair Labor Practices”] was a

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 tip-sharing arrangements among tipped and non-tipped employees. It seems, however, that tip pools are not the only area of conflict

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 overstepped its authority in investigating blueberry farmers within the state. According to a report in the San Francisco Chronicle, the

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 margin of support (28 to 1, with one excused vote). Though an earlier version of the bill already passed a

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 300 stations across Manhattan and Brooklyn, the bike sharing program is the largest of its kind in the United States.

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 working teacher, and finally we discussed the arguments put forth (mainly by unions and retired or nearly retired teachers) for

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 lawmakers are considering three separate bills regarding employee leave benefits in this legislative session; under the new laws, employees in

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 in the city. Currently, the Portland Police Commanding Officers Association (PCOA), which was established in October of 1989, represents 51

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 director in the Oregon House Republican office from 2007 until 2010 – and Libby Braeda of Tigard, Oregon had introduced

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 Radio Station Tries to Streamline Personnel Policies As the Portland Tribune reports, this is the case with KBOO, a Portland

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 groups, including the non-profit Family Forward Oregon, Portland City Commissioner Amanda Fritz, and the Oregon AFL-CIO. According to the paid

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 entitled to at least $100,000 in economic damages and $250,000 in punitive damages. This case is interesting because it brings

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 Authority reports that approximately 58 percent of employed new mothers go back to work after only 12 weeks. However, many

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 employment ordinance requiring employers to provide paid sick leave for employees. Seattle, D.C., San Francisco, and the state of Connecticut

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 the plaintiff to prove, among other things, that he was discharged for fulfilling an important public duty. Prior to the

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 or societal duty or (2) for exercising an employment-related right of important public interest. But in Lamson v. Crater Lake

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 presently exist. Second, the employee must be employed for an average of at least 20 hours per week. Third, the