Gavel-Canva

In a recent decision titled Buero v. Amazon.com Services, Inc.­­, 370 Or. 502 (2022),  the Oregon Supreme Court ruled that Oregon’s wage and hour law uses the same definition of “work time” as the federal Fair Labor Standards Act (“FLSA”).  The Buero decision resolves what had been a hotly contested legal issue for many years and clarifies that Oregon employers (most of which are subject to Oregon law and the FLSA) satisfy their legal obligation to calculate employees’ compensable time using the same legal standard for both sets of laws.  …

Continue Reading Oregon Supreme Court Rules That Oregon Law Follows Federal Definition of “Work Time.”

Hourglass-Canva

Oregon’s paid leave program (providing up to 12+ weeks of paid family, medical, and safe leave to eligible employees per leave year) will be here soon. Almost all businesses with employees in Oregon are required to participate in the state program, unless they have an approved equivalent plan (which can be either administered by the…

On September 18, 2022, Governor Gavin Newsom signed AB 2188 into law, which prohibits employers from taking any adverse employment action against an employee in conjunction with an employee’s off-duty marijuana use.

AB 2188 makes it unlawful for employers to “discriminate against a person in hiring, termination, or any term or condition of employment” for…

Time-Canva

Oregon’s much anticipated Paid Leave program (formally called Oregon Paid Family and Medical Leave Insurance) will be here soon. Employee and employer contributions to the state program start January 1, 2023, and employees can start applying for benefits beginning September 3, 2023.

Almost all employers with employees in Oregon are required to participate in the…

On June 28, 2018, then California Governor Jerry Brown signed into law the California Consumer Privacy Act (CCPA).  The CCPA provided significant privacy rights and protections to California consumers and placed numerous obligations on California businesses regarding the collection and sale of personal information belonging to California consumers.  While the CCPA constituted a significant change…

Sunrise at Portland, Oregon

In the wake of the Covid-19 pandemic, the Oregon legislature amended the definition of “compensation” in the Oregon Equal Pay Act to temporarily exempt hiring/signing and retention bonuses from the limitations imposed by the Act.  The temporary exemption, however, expires on September 28, 2022.…

Continue Reading Oregon Pay Equity Update: The Status of Hiring Bonuses

Oregon Justice Building

Oregon employers that require arbitration for employment-related disputes recently received some good news from the Oregon Supreme Court.  In Gist v. ZoAn Management, Inc., the Court rejected the plaintiff’s argument that his arbitration agreement was unenforceable because it limited the arbitrator’s authority to award him relief.  Instead, the Court ruled that the arbitration…

On May 23, 2022, the California Supreme Court issued its highly anticipated ruling in Naranjo v. Spectrum Security Services and decided two critical questions: first, whether an employee is entitled to “waiting time penalties” for unpaid premium pay, and second, whether employers are required to report premium pay on their employees’ wage statements.

As all…

The U.S. Court of Appeals for the Ninth Circuit, the federal appellate court with jurisdiction over much of the western United States (including Washington, Oregon, California and Idaho), ruled last week that an employee’s temporary impairment can qualify as a disability under the Americans with Disabilities Act (“ADA”). The Ninth Circuit’s decision resolves an important…