Category: News

Subscribe to News RSS Feed

Required Notice of Rights Under the Families First Coronavirus Response Act

The Families First Coronavirus Response Act (“FFCRA”) requires private companies with fewer than 500 employees, along with most public employers regardless of size, to post a notice summarizing the benefits available under the new law and directs the Department of Labor to prepare and publish a model notice. The Department issued its model notice yesterday. … Continue Reading

HDHPs Can Provide No Cost COVID-19 Testing and Treatment

Washington Health Benefit Exchange Announces Special Enrollment Period Today, the IRS issued Notice 2020-15 clarifying that high-deductible health plans (HDHPs) may provide benefits associated with testing and treatment of COVID-19 (commonly referred to as coronavirus) without application of a deductible or cost-sharing. Doing so will not impact a plan’s status as a HDHP or a participant’s … Continue Reading

Washington’s New Leave Laws and the COVID-19 Outbreak

No sooner has Washington enacted two major new leave laws – the Washington Paid Sick Leave Law and the Washington Paid Family and Medical Leave Law (WPFML) – than the State has found itself to be one of the epicenters of the COVID-19 outbreak.  Here is what Washington employers need to know about Paid Sick … Continue Reading

What You Need to Know About Balance Billing

On November 19, 2019, at 11 a.m. PT, I will be co-presenting a webinar with HMA’s Senior Manager, Compliance Services, Jessica Rothe, in which we will outline legislative efforts being made at the state and federal levels to protect patients from surprise balance billing by out-of-network providers. We will also discuss how health plan out-of-network cost containment strategies … Continue Reading

Oregon’s Workplace Fairness Act Means Major Changes for Oregon Employers

Oregon’s Legislature just enacted the most significant legislation for Oregon employers in years.  The new Workplace Fairness Act has been hailed as a #MeToo law and seems intended to curb incidents of sexual harassment in the workplace, but its reach is significantly broader than that. Key Changes and Takeaways Employers are now required to have … Continue Reading

California Legislature Moves to Codify Dynamex

With its decision last year in Dynamex, the California Supreme Court fundamentally changed the test for determining whether workers are properly classified as either employees or independent contractors.  Specifically, and as for claims brought under the California wage orders, the Supreme Court adopted the “ABC test,” which involves an analysis of the following three factors:  … Continue Reading

California Legislature Proposes Legislation Broadening Racial Discrimination Laws

On April 22, 2019, the California Senate voted unanimously to update California’s anti-discrimination laws to include within the definition of the term “race” “traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.”  If the bill ultimately becomes law, California would become one of the first states in the nation … Continue Reading

Oregon’s Secure Scheduling Law Goes into Effect July 1: Are You Ready?

The 2017 Oregon legislature passed a “secure scheduling” or “fair work week” law that imposes significant requirements on certain categories of large employers.  The law, available here, goes into effect July 1, 2018.  We previously blogged about the law here. Are You a Covered Employer?  The law applies to retail, hospitality, and food services employers … Continue Reading

Trump NLRB Shakes Up the Labor World in Striking Down Numerous Obama Board Decisions

It might appear that in some years, the National Labor Relations Board (the Board) issues a series of decisions just as the year comes to a close, but it is not because the Board wants to give out holiday presents (or, from the employer’s perspective for the past several years, multiple lumps of coal).  Rather, … Continue Reading

Employers Need Not Disclose Pay Data on EEO-1 Reports; September Deadline Moved to 2018

Employers can breathe a sigh of relief.  The Office of Management and Budget (“OMB”) announced this week that it was removing a requirement that EEO-1 reports contain employee pay data.  The now-defunct Obama-era requirement announced in 2016 would have required employers to disclose compensation information to the EEOC regarding all employees, including executives – which … Continue Reading

Washington State to Consider Paid Family Leave

Last week, representatives of the business community and employee groups completed negotiations to create a paid family and medical leave insurance program in Washington. Many details need to be worked out, the actual legislation has not yet been drafted, and the Washington Legislature has a number of other issues demanding its attention. Nonetheless, there are substantial … Continue Reading

Protecting Your Company and Your Employees During an ICE Raid

In light of the current administration’s approach to immigration enforcement, it is important that employers understand their legal rights and responsibilities when faced with potential raids by U.S. Immigration and Customs Enforcement (“ICE”) or local police acting in cooperation with ICE.  Understandably, many employers will want to ensure not only that they are complying with … Continue Reading

Time to Revise Your Job Applications: Oregon Prohibits Salary History Inquiries in Effort to Address Systemic Wage Inequality

“Equal pay for equal work.”  Everyone – employees and employers alike – can agree that no workers should be paid less than others simply because of their gender, race, veteran status, or any other protected characteristic.  But the reality of the pay gap is more complicated.  Employers make salary decisions based on a number of … Continue Reading

Landmark Seventh Circuit Decision Interprets Title VII Protections To Prohibit Sexual Orientation Discrimination

“Who will be hurt if gays and lesbians have a little more job protection?” Judge Richard Posner of the Seventh Circuit Court of Appeals posed this question a few months ago during oral argument in a case involving a teacher who alleged she was fired because she is lesbian.  On Tuesday, the en banc Seventh … 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

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

U.S. Supreme Court rejects challenge to Seattle minimum wage law

On May 2, 2016, The U.S. Supreme Court declined to hear the legal challenge to the Seattle Minimum Wage Ordinance’s impact on Seattle franchisees (IFA v. Seattle–denial of cert).  We have blogged about Seattle’s Minimum Wage Ordinance (“Ordinance”) before. The Ordinance requires large businesses, defined as those with more than 500 employees, to raise the minimum … Continue Reading

“Employer-Friendly” Utah Legislature Considers Regulating Non-Compete Agreements

Many employers in Utah use non-competition agreements to protect their confidential information, customer relationships and investment in employee training and development. In a somewhat surprising move, the usually employer-friendly Utah State legislature has signaled its willingness to join California and a handful of other states in attempting to regulate these kinds of agreements. The Utah … Continue Reading

SHRM Quotes Adam Belzberg and Wes Miliband on the Effects of Drought on California’s Agricultural Labor Market

Stoel Rives labor and employment attorney Adam Belzberg and water resources attorney Wes Miliband were quoted in a Society for Human Resources Management (SHRM) article titled “California Drought Has Wide-Ranging Effects in Business Community.” The article examines the effects of California’s long-lasting drought on the state’s job market, specifically on the agricultural and food manufacturing sectors. … 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

President Obama Signs Executive Order Banning LGBT Job Discrimination by Federal Contractors and Government

What the Executive Order Does: This Executive Order amends two earlier executive orders: it amends Executive Order 11246, which prohibits discrimination by federal contractors to add sexual orientation and gender identity to the existing prohibitions of race, color, religion, national origin, age and sex discrimination. In addition, Executive Order 11478, which, as amended, bars discrimination … Continue Reading
LexBlog