Brenda Baumgart

Brenda Baumgart

Brenda Baumgart is practice group leader for Stoel Rives’ Labor & Employment group and devotes her practice to assisting companies of all sizes navigate the complexities of employment and labor laws. She partners with clients to provide day-to-day advice and compliance counseling, assisting them with finding practical solutions while minimizing litigation risk. Her litigation and trial work includes defending employers in federal and state courts in all areas of employment law (including single plaintiff cases and class/collective actions), handling appeals exclusively on matters of labor and employment law before appellate courts, including the Oregon Court of Appeals, the Oregon Supreme Court, the Ninth Circuit, the Eighth Circuit, and the Fifth Circuit, and administrative proceedings before various governmental agencies. Brenda also has a strong traditional labor practice and represents clients in labor arbitrations and matters before the National Labor Relations Board (NLRB). She conducts internal workplace investigations for private and public sector clients.

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BOLI Permanently Expands OFLA for Eligible Working Parents Impacted by COVID-19

On the day that its temporary rule was set to expire, the Oregon Bureau of Labor and Industries (“BOLI”) issued a permanent rule to allow employees to continue to avail themselves of protected “sick child leave” under the Oregon Family Leave Act (“OFLA”) to care for a child whose school or childcare provider has been … Continue Reading

FFCRA Update: DOL Issues New Guidance Regarding Childcare Leave

The DOL recently updated its guidance regarding when childcare leave can be taken under the Families First Coronavirus Response Act (or “FFCRA”).  FFCRA requires most employers to provide employees with up to 12 weeks of protected leave, paid at 2/3rds the employee’s regular rate of pay, up to a maximum of $200 a day (reimbursed … Continue Reading

Supreme Court Rules That Title VII Protects LGBT Employees

Today the United States Supreme Court answered the question of whether Title VII, the federal law that prohibits workplace discrimination “on the basis of sex,” protects LGBT employees with a resounding “Yes.”  In a 6-3 decision, the Court held that: “The answer is clear. An employer who fires an individual for being homosexual or transgender … Continue Reading

Oregon Employers in Counties Entering Phase II May Begin Limited Return to Office Work; Remote Work Is Still Recommended

Governor Brown’s latest Executive Order, 20-27, issued June 5, 2020 provides comprehensive guidance for Oregon employers as the majority of the state enters Phase II of Oregon’s reopening plan.  In addition to outlining the sector-specific requirements for Phase II, which we recently blogged about here, the Executive Order provides further instructions regarding office work. Under … Continue Reading

Oregon Issues New COVID-19 Guidance for Employers as Most Counties Enter Phase 2

We continue to track Governor Brown’s plans for Oregon’s phased reopening, and the impact on Oregon employers.  Select Oregon counties have been approved to move into Phase 2 effective June 5, 2020, with the majority of Oregon counties moving into Phase 2 by June 8.  Multnomah County, Oregon’s most populous county, remains at Baseline, but … Continue Reading

Ten Things to Consider In Getting Back to Work

As restrictions are easing, employers are planning for and starting to bring people back to work.  In these extraordinary times, everyone recognizes that things will not be business as usual.  Here is our “Top 10” checklist of things to consider as we move toward the “new normal.” Reluctant Returners. Many employees are eager to return … Continue Reading

Oregon’s Plan for Reopening

Oregon Governor Kate Brown announced this week that Oregon is developing a multifaceted, step-by-step plan for reopening businesses and relaxing its “stay at home” measures.  In accordance with federal guidance, Oregon’s plan has three phases, with gating criteria and core preparedness requirements that must be met before moving to the next phase. Between each phase, … Continue Reading

OR-OSHA Announces Workplace Social Distancing Investigations

In the wake of an onslaught of employee complaints about social distancing in the workplace, the Oregon Occupational Health and Safety Administration (“OR-OSHA”) announced that it would begin workplace inspections in order to enforce the social distancing requirements imposed by Governor Brown’s March 23 Executive Order.  Our blog post describing the Executive Order is here, … Continue Reading

EEOC Updates Guidance on ADA and the Rehabilitation Act In Light of COVID-19

As employers continue to react to and prepare for workplace challenges due to the impact of the COVID-19 outbreak around the country, the EEOC has updated some of its guidance on the Americans With Disabilities Act (“ADA”) and the Rehabilitation Act.  The EEOC addresses situations such as whether employer can require that employees showing symptoms … Continue Reading

Department of Labor Announces Expanded Overtime Protection for over 1 Million Workers Beginning January 1, 2020

The U.S. Department of Labor announced today that an estimated 1.3 million workers will soon be eligible to receive overtime or be in line for a raise. Effective January 1, 2020, the minimum salary threshold for the “white-collar” exemptions under the Fair Labor Standards Act will be $684 per week or $35,568 per year, an increase from … Continue Reading

Modern Workforce Increasingly Challenges Employers to Offer Telework Option

A little over six years ago, Yahoo! CEO Marissa Mayer issued her edict (well, memo) kiboshing work-from-home arrangements, driving Yahoo! workers back to their desks and sending shock waves that reached far beyond affected employees.  Mayer’s mantra was that in order to be “one Yahoo!,” workers needed to be physically connected in the workplace.  Her … 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

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

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

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 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
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