Todd Hanchett

Todd Hanchett

Drawing on 15 years of experience, Todd Hanchett represents employers in high-stakes litigation and traditional labor law matters. A seasoned litigator, Todd regularly defends clients before state and federal courts in Oregon and Washington as well as in labor arbitrations and before the National Labor Relations Board. He is a frequent speaker and author on a variety of employment and labor law topics and currently serves as a Director for the Oregon Chapter of the Federal Bar Association and is on the Board of Directors for the Oregon Association of Defense Counsel and former chair of the Employment Section. He is listed in Best Lawyers in America® and in Oregon Super Lawyers®.

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Oregon Legislature’s Attempt to Protect Pot Users Poses Challenges to Employers

Some Oregonians are no doubt breathing clouds of relief with the introduction of Senate Bill 301, the Oregon Legislature’s proposal to protect employees from being fired for personal marijuana use.  Employers, on the other hand, may find themselves in a sticky (icky) situation trying to comply with the proposed law, which, at first glance, seems … 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

NLRB Reverses Course Again: Organizing Temporary Workers Just Got Easier

The NLRB recently reversed course again to allow temporary employees provided by a staffing agency to join regular employees in a single bargaining unit without the consent of the employer or the staffing agency. Miller & Anderson, Inc., 364 NLRB No. 39 (2016). The Board Flip Flops Historically, unions seeking to organize employees directly employed … Continue Reading

What Tom Brady, Underinflated Footballs, and “Deflategate” Teach Employers About Arbitration

Fans of unscrupulous professional football players and coaches often justify their heroes’ misbehavior with a now-classic sports adage: “If you ain’t cheatin’, you ain’t tryin’.”  In the 1970s, for example, legendary Oakland Raiders owner Al Davis allegedly bugged locker rooms, watered down fields, and spied on other teams using a helicopter.  Such extreme shenanigans are … Continue Reading

Ninth Circuit Declares Tip Pools Invalid Under FLSA Even Where Employers Pay More Than Minimum Wage

In Oregon Rest. & Lodging Ass’n v. Perez, the Ninth Circuit ruled this week that federal law restricts a restaurant employer from maintaining a tip pool that includes “back-of-the-house” employees and requires directly tipped employees to share their tips, regardless of whether a tip credit is taken and employees are paid at least minimum wage. … Continue Reading

What Employers Can and Cannot Say During a Union Organizing Campaign

Employers probably are aware of the “quickie” election rules implemented earlier this year by the National Labor Relations Board (“the Board”), but they may not have considered all of the rules’ consequences. With as little as 15 to 20 days to respond to an organizing drive, employers must be prepared to educate employees about the … Continue Reading

“Isn’t there supposed to be a good cop?” — 9th Circuit Holds Bilious Conduct Not a Disability Under ADA

Cantankerous employees beware! Being a jerk is not a disability and, at least according to the Ninth Circuit in Weaving v. City of Hillsboro, blaming bad behavior on a physical or mental impairment does not guarantee protection under the Americans with Disabilities Act ("ADA"). Matthew Weaving was diagnosed with ADHD as a child, but stopped exhibiting … Continue Reading

(Plaintiff’s) Paradise Found? Ninth Circuit Allows Title VII Claim, Omitted in Bankruptcy Petition, To Proceed

“Bankruptcy?” you ask. “Why are employment lawyers talking about bankruptcy?” Well, in fact, there are times when bankruptcy can provide a defense to employment discrimination claims. It involves a principle known as “judicial estoppel,” which precludes a party from taking a position in a case which is contrary to a position they have taken in earlier legal proceedings.  … Continue Reading

Supreme Court Declares Pharmaceutical Sales Reps Exempt From Overtime

In Christopher v. SmithKline Beecham, a 5-4 decision announced Monday afternoon, the U.S. Supreme Court ruled that pharmaceutical sales representatives are exempt from the overtime requirements of the federal Fair Labor Standards Act ("FLSA") under the outside sales exemption. The Court ruled that the Department of Labor’s interpretation of the exemption, raised for the first … Continue Reading

NLRB Launches New Webpage Regarding Employee Rights

Continuing its campaign to educate employees about their rights, the National Labor Relations Board (NLRB) yesterday launched a public webpage that explains the rights of employees (union or non-union) to engage in concerted activity under the National Labor Relations Act (NLRA). The launch of this webpage follows shortly on the heels of a ruling by a … Continue Reading

EEOC Issues Final Regulations for RFOA Defense Under ADEA

  Last week, we reported that several senators had introduced new amendments to the Age Discrimination in Employment Act ("ADEA") to make it easier for plaintiffs in age discrimination cases to prove their claims.  U.S. Senators aren’t the only ones busy refining federal age discrimination laws – on March 30, 2012, the Equal Employment Opportunity … Continue Reading

Senators Propose Amendments To ADEA

On March 12, several senators introduced Senate Bill 2189, known as the Protecting Older Workers Against Discrimination Act, which would overturn a 2009 U.S. Supreme Court case, Gross v. FBL Financial Services Inc, that had made it more difficult for older workers to prove claims under the Age Discrimination in Employment Act ("ADEA").  Under the … Continue Reading
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