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Breaking News: DOL Salary Rule Blocked By Federal Judge

The Department of Labor’s controversial rule that required “white collar” employees to be paid at least $47,476 per year in order to be exempt from the Fair Labor Standards Act will NOT go into effect on December 1, 2016 as planned.  A Texas federal judge on Tuesday agreed with 21 states that a nationwide preliminary … Continue Reading

Labor & Employment Law Under President-Elect Trump

In the wake of the election results, the question on everyone’s mind now is: What impact will President-Elect Trump have on employers?  Trump has thus far given few details on his thoughts on labor and employment.  But with Republicans maintaining control of Congress, employers could see a lot of changes in the next couple of … Continue Reading

Are You Ready for the December 1 Deadline for New Salary Requirements?

The Department of Labor’s new rule that doubles the salary threshold for “white collar” exempt employees goes into effect December 1, 2016.  Under that rule, employees currently exempt under the FLSA as an administrative, executive, or professional employee must make a salary of at least $47,476 and meet the appropriate “duties test” in order to remain exempt … Continue Reading

The City of Portland Issues Rules for “Ban the Box”

We previously blogged about Portland, Oregon’s restrictive “ban the box” ordinance.  The City of Portland recently issued administrative rules for its ordinance.  The administrative rules are available here.  The key provisions are: Excepted Employers As explained in our prior blog, you are excepted from the ordinance’s timing restriction (but not its other requirements) if the … Continue Reading

Ninth Circuit Refuses to Entertain En Banc Review of its Decision Rejecting Tip-Pooling Arrangements

Earlier this year, we wrote about the Ninth Circuit Court of Appeals decision in Oregon Rest. & Lodging Ass’n v. Perez, which prohibited tip-pools that include “back-of-the house” employees. Last week, the Court rejected a petition to review the decision en banc. This means that, unless the Supreme Court weighs in on the issue, restaurants in the Ninth Circuit … Continue Reading

Class Action Waivers in Employment Agreements Are No Longer Enforceable in the Ninth Circuit

If your company uses a class action waiver in your employment agreements and you are located in Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, the Northern Mariana Islands, Oregon, or Washington, you are out of luck.  Thanks to a recent decision from the Ninth Circuit Court of Appeals (which has jurisdiction over the aforementioned … Continue Reading

City of Seattle Proposes New Ordinance Regulating Employee Scheduling

Seattle restaurants and retail employers may soon face significant restrictions on employee scheduling.  The Seattle City Council is currently considering a proposed ordinance with the potential to impact hundreds of employers across the City.  Following are the basics of the proposed legislation. What employers would be covered by the proposed ordinance? Retail employers and large … Continue Reading

OSHA Delays Enforcement of New Reporting Requirements for Drug & Alcohol Testing

As previously reported, OSHA’s latest revisions for covered employers will dramatically impact routine post-accident drug testing programs.  The new rules are available for review here, but here’s what you need to know: OSHA Postponed Enforcement. OSHA just delayed the date on which it will begin enforcing these new requirements. OSHA’s memo postponing enforcement is available … Continue Reading

IRS Extends ACA Reporting Deadlines

The IRS issued key extensions to looming 2016 information reporting deadlines for applicable large employers. This relief applies only to the deadlines for reporting the coverage that employers offered in 2015: The deadline for providing employee statements is extended to March 31, 2016 (from February 1, 2016). The deadline for filing 1094-Cs and 1095-Cs with … Continue Reading

Tacoma, Washington Paid Employee Sick Leave Law Goes Into Effect in February 2016

Flu season is fast approaching, and this winter, Tacoma employers will join Seattle employers in being required to provide paid sick leave. On February 1, 2016, Tacoma’s new paid sick leave ordinance goes into effect.  As we have blogged about before, Tacoma is just the latest of a number of state and local jurisdictions around … Continue Reading

The Ninth Circuit Joins Its Sister Circuits in Ruling That an Employee Who Threatens Co-Workers with Violence Is Not “Qualified” Under the ADA

The Ninth Circuit released a precedent-setting Americans with Disabilities Act (“ADA”) decision yesterday, and it’s a big win for employers.  The Court held that an employee who makes “serious and credible threats of violence toward his co-workers” is not a “qualified individual with a disability” and therefore cannot state a claim under the ADA or … Continue Reading

EEOC Rules That Title VII Prohibits Discrimination Based on Sexual Orientation

In a 3-2 decision published on Thursday, July 16, 2015, the U.S. Equal Employment Opportunity Commission (“EEOC”) concluded that intentional discrimination against an employee based on their sexual orientation is sex discrimination- an act strictly prohibited under Title VII of the Civil Rights Act of 1964. “Discrimination on the basis of sexual orientation is premised … Continue Reading

Oregon’s New “Ban the Box” Law Prohibits Criminal History Questions on Employment Applications

It’s been an active legislative session in Oregon this year regarding laws affecting the state’s employers.  Hot on the heels of enacting laws relating to paid sick leave, noncompete agreements, and employee privacy on social media, Governor Kate Brown also recently signed into law House Bill 3025.  That law will make it illegal for most employers to … Continue Reading

Oregon Enacts State-Wide Paid Employee Sick Leave Which (Mostly) Replaces Local Ordinances in Portland and Eugene

Governor Kate Brown signed into law the new Oregon Paid Sick Leave (“OPSL”) law enacted by the Legislature on June 12. The new law becomes effective January 1, 2016. Oregon is the fourth state to enact a state-wide paid sick leave law after Massachusetts, Connecticut, and California. The text of the OPSL is available here. … Continue Reading

It’s Coming: Overtime Pay for More Workers

Coming to a store or restaurant near you soon!  Supervisors will get overtime! “Too many Americans are working long days for less pay than they deserve.” —President Obama on overtime pay http://t.co/Y4yThJ1K2g — Barack Obama (@BarackObama) June 30, 2015 To be exempt from minimum wage and overtime requirements, currently a worker must perform certain duties … Continue Reading

Oregon Legislature to Employers: Stay Out of Employees’ Personal Social Media Accounts!

As we noted a while ago, Oregon recently joined the growing number of states that prohibit an employer from demanding access to an employee’s personal social media account. An Oregon employer may not require an employee or applicant to disclose her username, password, or “other means of authentication that provides access to a personal social … Continue Reading

Colorado Supreme Court Upholds Firing of Medical Marijuana User

The Colorado Supreme Court ruled today in a 6-0 decision that Colorado’s “lawful activities statute,” which provides protections to employees who engage in lawful off-duty conduct, only applies to conduct that is lawful under both state and federal law. The Court’s decision in Coats v. Dish Network, which can be accessed here, involved a quadriplegic … Continue Reading

San Francisco Is About to Begin Enforcing the Retail Workers Bill of Rights – Are You in Compliance?

On July 3, 2015, the San Francisco Retail Workers Bill of Rights becomes operative. This ordinance creates major changes for many companies doing business in San Francisco. Employers Affected The law applies to “formula retail” businesses with (a) 20 or more locations worldwide, and (b) 20 or more employees in San Francisco, as well as … Continue Reading

Are You Ready to be Ambushed? NLRB’s New “Quickie Election” Rules Become Effective

As we have previously reported here and here, the National Labor Relations Board’s (“NLRB”) new rules governing union representation elections go into effect today, April 14, 2015. Congress passed a resolution disapproving the new “quickie” or “ambush” rules, but President Obama vetoed it. While lawsuits have been filed in Texas and the District of Columbia … Continue Reading

Utah Legislators Make History, Pass LGBT Antidiscrimination/Religious Freedom Bill

Utah legislators made national headlines last night when they approved a bill providing antidiscrimination protections to LGBT employees coupled with protections for religious expression in the workplace. Titled the Utah Antidiscrimination and Religious Freedom Act (the “Act”), the bill received support from across Utah’s political spectrum, including the Church of Jesus Christ of Latter-Day Saints, the … Continue Reading

Video Interview: Discussing California’s Paid Sick Leave with LXBN TV

My colleague Bryan Hawkins recently discussed California’s new paid sick leave law with Colin O’Keefe of LXBN. You can catch the interview on the clip below. As Bryan noted in his original post, California is the second state in the nation (after Connecticut) to enact a state-wide law requiring most employers to provide paid sick leave to employees, marking the latest … Continue Reading
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