John Dudrey

John Dudrey is a litigation associate in the firm’s Labor & Employment group. His practice focuses on assisting clients with complex labor and employment litigation matters. John has experience assisting with state and federal jury trials and administrative proceedings, including NLRB proceedings.

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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

Department of Labor Seeks Input on New Rules for White Collar Exemptions

By Ryan Kunkel, John Dudrey and Matt Durham on August 24, 2017 Posted in Department of Labor, FLSA, Gov't Agencies, Updates, wage and hour

Employers know that the salary rule for “white collar” exemptions from President Obama’s Department of Labor (“DOL”) was blocked by a federal court last year (we blogged about that here). (UPDATE: A Texas federal court invalided the rule on August 31, 2017.) That rule would have more than doubled the salary requirement for an overtime … Continue Reading

OSHA Rescinds Rule on Union Reps Participating in Safety Walk-Throughs

By John Dudrey on May 3, 2017 Posted in Labor, OSHA

The federal Occupational Safety and Health Administration (“OSHA”) announced late last week that it was rescinding its 2013 “Fairfax” memorandum, which allowed union representatives to participate in workplace safety walk-throughs. Here is the background. Soon after the Occupational Health and Safety Act (“the Act”) passed in 1970, OSHA interpreted the law to allow employees to accompany … Continue Reading

Breaking: Court Rules Against Double Overtime for Oregon Manufacturing Employers

By John Dudrey and Ed Reeves on March 10, 2017 Posted in BOLI, Cases, Oregon, wage and hour

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

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

By Brenda Baumgart, Karen O'Connor and John Dudrey on July 29, 2015 Posted in ADA, Cases, Oregon, Updates

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

NLRB Final Rule: “Quickie” Elections are Now Reality

By Terry Briscoe and John Dudrey on December 12, 2014 Posted in Labor, NLRB

As anticipated, on December 12, 2014 the NLRB announced that the final “Quickie” Election Rule will be published in the Federal Register on December 15, 2014 and will take effect on April 14, 2015. Among other changes, the rule will shorten the time between the filing of a petition and the election for union representation … Continue Reading

Court of Appeals Interprets Definition of “Independent Contractor” Under ORS 670.600

By John Dudrey on December 12, 2012 Posted in Oregon

A new case from the Oregon Court of Appeals, Compressed Pattern LLC v. Employment Department, provides some clarity about the “maintain a separate business location” prong of Oregon’s unique independent contractor statute, ORS 670.600. First, the facts. In the summer of 2009, a design company retained a recently-laid-off architectural intern to provide drafting services on … Continue Reading

Oregon Court of Appeals Upholds Wrongful Discharge Claim By Whistleblowing Prison Guard

By John Dudrey on November 9, 2012 Posted in Oregon

Is the Oregon Court of Appeals back in the wrongful-discharge business? It’s a fair question to ask after the court’s decision last week in Lucas v. Lake County, –Or. App.– (2012). Reversing the trial court’s motion to dismiss, the court held that a sheriff’s deputy who served as a correctional officer could sue for wrongful discharge … Continue Reading