Ryan Kunkel

Ryan Kunkel

Ryan Kunkel, an associate in Stoel Rives’ Labor & Employment group, helps employers resolve employment-related disputes in litigation and counsels clients to help prevent those disputes in the first place. His practice also includes helping management resolve complex labor disputes, including organizing drives, NLRB proceedings, and work stoppages.

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Are You Ready for the December 1 Deadline for New Salary Requirements?

The Department of Labor’s new rule that doubles the salary threshold for “white collar” exempt employees goes into effect December 1, 2016.  Under that rule, employees currently exempt under the FLSA as an administrative, executive, or professional employee must make a salary of at least $47,476 and meet the appropriate “duties test” in order to remain exempt … Continue Reading

Class Action Waivers in Employment Agreements Are No Longer Enforceable in the Ninth Circuit

If your company uses a class action waiver in your employment agreements and you are located in Alaska, Arizona, California, Guam, Hawaii, Idaho, Montana, Nevada, the Northern Mariana Islands, Oregon, or Washington, you are out of luck.  Thanks to a recent decision from the Ninth Circuit Court of Appeals (which has jurisdiction over the aforementioned … 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

OSHA Promotes Workplace Safety by . . . Limiting Drug and Alcohol Testing?

Employers that promote workplace safety by ensuring workers are not under the influence of drugs or alcohol after they suffer a workplace injury will soon face greater scrutiny from the Occupational Safety and Health Administration (“OSHA”).  A new OSHA rule that goes into effect August 10, 2016 casts serious doubt on whether employers can lawfully … Continue Reading

DOL Imposes New Exempt Salary Requirement on Employers

We knew it was coming, and – while business groups fought hard against it – the much-anticipated Department of Labor Final Rule regarding “white collar” exemptions from minimum wage and overtime requirements is now a reality. The rule, announced by the White House on Twitter last evening, imposes a major increase in the salary threshold … Continue Reading

It’s a Trap!  Students Receiving Credit Need Not Be Paid? 

As colleges and universities begin new terms, not all students are returning to the classroom.  Some students are headed into the “real world,” to work alongside corporate titans, small-business owners, or moms and pops in their shops, while receiving academic credit—and not wages—for their efforts.  These students are applying the lessons learned in their prior … Continue Reading

EEOC Promotes Gender Equality by Imposing Another Burden on Employers

Employers with 100 or more employees take note: a major new reporting requirement may be coming your way next year. On January 29, 2016, President Obama announced that beginning in September 2017, employers  with 100 or more employees must report the earnings and hours worked for all of their employees.  That’s right.  Employers must disclose … 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
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