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Washington Legislature Enacts Multiple Anti-Employer Statutes

No man’s life, liberty or property are safe while the legislature is in session. · Judge Gideon J. Tucker In the recently concluded session, Washington legislators enacted numerous laws that will adversely affect employers of all sizes across the State. With so many changes, it is key that employers stay up to date and understand … Continue Reading

California Supreme Court Instructs Employers How to Calculate Employee Overtime Pay Rate

In Alvarado v. Dart Container Corporation of California, the California Supreme Court determined how employers must calculate an employee’s overtime pay rate when the employee earns a bonus during a single pay period. While the holding was fairly fact specific, it is a reminder on an often ignored (but critical) issue in California employment law: … Continue Reading

California Proposes New Legislation Prohibiting Confidentiality Provisions in Settlement Agreements

In the face of a continuing wave of highly publicized complaints of sexual misconduct in the workplace, California state senator Connie M. Leyva introduced Senate Bill 820.  If passed, this law would prohibit the inclusion of nondisclosure terms in settlement agreements relating to actions alleging claims of sexual harassment or discrimination in the workplace.… Continue Reading

California Implements Significant Changes in the Employment Application Process, Employee Training, and Protected Leaves

On October 12, 2017, California Governor Jerry Brown signed several bills regulating a wide range of employer actions, everything from the labeling of cleaning fluids to the employment application process.  While compliance with all of these new laws is important, four are of particular importance as they directly impact the information employers can seek from … Continue Reading

California Court of Appeal Puts a Small Crack in the Glass Door

An employer who unfairly and inaccurately is slammed by a former employee (or maybe even a current employee!) on a job-posting or employer-rating website will often look to its lawyer for help.  Surely the law protects against outrageous false statements that harm the employer’s ability to recruit new talent?  Maybe not—and if there is, it … Continue Reading

Oregon Amends Sick Leave Law: 5 Key Clarifications

Oregon recently passed amendments to its statewide sick time law, clearing up several areas of uncertainty for employers.  The amendments clarify that: Employers may cap employees’ annual accrual of sick leave at 40 hours. The pre-amendment version of the sick leave law stated that employees had the right to “earn and use up to 40 … Continue Reading

Breaking News: Oregon Legislature Passes Employee Scheduling Bill

Oregon is poised to become the first state to enact a “secure scheduling” or “fair work week” law that will impose significant new employee scheduling requirements on certain categories of large employers.  Senate Bill 828, which will set new scheduling standards for employers with 500 or more employees worldwide in the retail, hospitality, or food … 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

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

Washington State Enacts Its Own “Blacklisting” Statute

Although federal contractors were able to breathe a sigh of relief after the current administration put a stop to President Obama’s “Blacklisting” executive order, employers in the state of Washington must now comply with their own “blacklisting” law.  On May 8, Washington state signed into law Senate Bill 5301 (“SB 5301”), which bans employers from … Continue Reading

California Supreme Court Clarifies California’s Day of Rest Statutes

In Mendoza v. Nordstrom, the California Supreme Court answered three questions from the Ninth Circuit concerning California’s “day of rest” statutes.  The Court’s decision clarifies a significant ambiguity for employers regarding the obligation to provide employees with their statutorily mandated day of rest. Mendoza involved a putative class action filed by former Nordstrom employees alleging … Continue Reading

Whistleblower Retaliation Protection Expands in Oregon

We are confident that employers already take employee reports of potentially unlawful activity seriously.  Such internal reports can help employers investigate and eliminate unlawful conduct in the workplace.  The Ninth Circuit Court of Appeals recently held that retaliating against an employee for making an internal report of potentially unlawful activity—not a report to an external … Continue Reading

Breaking: Court Rules Against Double Overtime for Oregon Manufacturing Employers

Oregon manufacturing employers have been following the ongoing turmoil surrounding the Oregon Bureau of Labor and Industries’ (“BOLI”) recent interpretation of Oregon’s requirement that manufacturing employees receive overtime when they work more than 10 hours in a day.  In the latest turn, a Multnomah County Circuit Court judge ruled yesterday that, contrary to BOLI’s advice, … Continue Reading

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

New Drug Testing Rules in Oregon Follow OSHA

Employers are probably aware that OSHA’s new drug testing and anti-retaliation rule is now in effect. (See our post here discussing the rule.)  However, as we blogged previously, many states have their own reporting requirements, which are not required to track OSHA’s  rules precisely, but which must be “at least as effective” as OSHA’s rules. … Continue Reading

California Supreme Court Prohibits Employers from Implementing “On-Call” Rest Breaks

In Jennifer Augustus v. ABM Security Services, Inc., the California Supreme Court determined that employers are prohibited from implementing “on-call” rest breaks.  This holding led the Supreme Court to reinstate an approximately $90 million judgment against the defendant employer. The plaintiff in Augustus worked as a security guard for defendant.  Plaintiff’s lawsuit alleged that defendant’s … Continue Reading

Idaho Supreme Court Refuses to Modify the Workers Compensation Exclusive Remedy Doctrine

In order to provide near certain relief for employees injured in the course of employment, the Idaho Worker’s Compensation Act withdrew the common law remedies workers traditionally held against their employers. This compromise limits employers’ liability in exchange for providing sure and speedy relief for injured workers and is encapsulated in Idaho Code § 72-209, … Continue Reading

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 (we wrote about the rule here).  A Texas federal judge on Tuesday agreed with 21 … 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

Expanding Overtime to Farmworkers: Will California Start a Trend?

On September 12, 2016, California Governor Jerry Brown signed AB 1066.  The bill, which is the first of its kind in the nation, will entitle California farmworkers to the same overtime pay as most other hourly workers in California. California law defines employees “employed in an agricultural occupation” broadly to include any employment relating to … Continue Reading

Attention Seattle Food Service and Retail Employers: City Council Passes Secure Scheduling Ordinance

On September 19, 2016, Seattle became the second city in the nation (after San Francisco) to pass a “Secure Scheduling Ordinance” with broad implications for the food service and retail industries within Seattle’s city limits.  Scheduled to take effect in July 2017, the Ordinance will place substantial limitations on covered employers’ ability to flexibly schedule … Continue Reading

BOLI Releases New Draft Oregon Sick Time Rules

The Oregon Bureau of Labor and Industries (“BOLI”) recently issued new draft rules interpreting and explaining Oregon’s sick time law.  The draft rules, which are currently open for public comment, are available here and summarized below. In some respects, the draft rules merely reiterate concepts that are already addressed in the statute itself but were not … Continue Reading
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