Tag: and

OSHA Issues Interim Final Rules on Whistleblower Protection Provisions Under ACA

The Occupational Safety and Health Administration (OSHA) issued an interim final rule and request for comments regarding procedures for handling employee whistleblower complaints under the Affordable Care Act (ACA), Section 1558. This part of the ACA added a new Section 18c to the Fair Labor Standards Act (FLSA), which protects employees from retaliation for exercising certain … Continue Reading

Washington State Marijuana Legalization Law Need Not Affect Employer Drug Testing Policies

There are many sound reasons why employers have zero tolerance policies and engage in drug testing of applicants and/or employees, including customer requirements, government contracting requirements (e.g.,the federal Drug Free Workplace Act), federal or state laws (including DOT requirements for transportation workers), workplace safety, productivity, health and absenteeism, and liability.  Some Washington state employers may … Continue Reading

City of Seattle’s New Paid Sick and Safe Time Law To Take Effect in September 2012

  As most Seattle employers know by now and as we blogged about earlier, beginning September 1, 2012, the City of Seattle will require that all but the smallest employers provide paid sick leave to their Seattle employees. Seattle Paid Sick and Safe Time (PSST) mandates that most employers provide paid leave, which increases depending … Continue Reading

Stoel Rives/SHRM Ninth Annual Labor and Employment Conference!

Please join us for our Ninth Annual Stoel Rives/SHRM Labor and Employment Law Conference on March 10 at the Oregon Convention Center!  This year’s theme is "HR Horror Show." We have an all star lineup this year, including keynote speaker David Rabiner, lunchtime speaker Ed Reeves, and a variety of presentations by Stoel Rives attorneys on … Continue Reading

Oregon Minimum Wage to Rise to $8.50/Hour in 2011

The Oregon Bureau of Labor and Industries recently announced that Oregon’s minimum wage will increase by ten cents to $8.50 an hour effective January 1, 2011.  Oregon’s minimum wage has been $8.40 an hour since January 1, 2009.  Click here to read Labor Commissioner Brad Avakian’s press release on the minimum wage increase.  As a … Continue Reading

Oregon Supreme Court: Employers Are Not Required to Accommodate Medical Marijuana

Yesterday the Oregon Supreme Court conclusively ruled that employers are not required to accommodate the use of medical marijuana in the workplace, ending years of doubt and confusion on this critical issue. Click here to read the Court’s opinion in Emerald Steel Fabricators, Inc. v. Bureau of Labor and Industries. In Emerald Steel, a drill … Continue Reading

Oregon Legislature Bans Workplace Credit Checks

This week the Oregon House voted to prohibit employers from using credit histories for any employment purposes including hiring, discharge, promotion and compensation.  The Oregon Senate passed the bill last week, and Governor Ted Kulongoski is expected to sign the bill into law effective July 1, 2010.  Click here to download a copy of the bill, SB 1045.  … Continue Reading

Our Festivus Present to Oregon Employers: Ten Things You Should Know for 2010

Wow, it’s Festivus already, which means that in just a few short days it will be a brand new year!  We have a Festivus present for Oregon employers to help you get ready:  Ten things you need to know for 2010!  (click on each blue hotlink for more information) All Oregon employers are required to post the SB … Continue Reading

President Obama Signs Expansion of FMLA Leave for Military Families

Earlier this week, President Obama signed the Fiscal Year 2010 National Defense Authorization Act (NDAA), a federal law that is enacted each fiscal year to specify the budget and expenditures of the United States Department of Defense.  This year, the NDAA contains two expansions of the exigency and caregiver leave provisions for military families under the Family … Continue Reading

President Obama Orders Federal Employees Not to Text While Driving

Last week, President Obama signed an executive order prohibiting all federal employees from text messaging while driving on official business or while using government equipment.  Click here to read President Obama’s executive order on texting while driving.  While President Obama’s order does not effect private employers, it does directs federal agencies to encourage contractors and their … Continue Reading

Oregon’s BOLI Proposes New Employee Leave Regulations

Last week the Oregon Bureau of Labor and Industries (BOLI) filed with the Secretary of State a Notice of Proposed Rulemaking on new regulations pertaining to certain employee leave laws.  The proposed regulations are intended to reflect some recent amendments to federal Family and Medical Leave Act (FMLA) regulations and to clarify, edit and make … Continue Reading

2009 Mid-Term Federal Legislative Update

We expected many changes in federal labor and employment law in 2009 – for the first time in years, Democrats control the White House and both houses of Congress and have the political ability to make significant reforms.  However, not much has happened in 2009: we have only significant labor and employment bill signed into … Continue Reading

Oregon Court Of Appeals Holds Non-Disabled Employees Are Protected When Requesting Accommodations

On Thursday, in Herbert v. Altimeter, the Oregon Court of Appeals held that an employee does not need to actually be disabled in order to be protected from retaliation for requesting an accommodation under Oregon’s disability anti-discrimination law.  The case serves as a useful reminder that anti-retaliation protections, like those in the Oregon disability law, … Continue Reading

Proposed Law Would Subsidize Employers’ English Classes

Last week, the proposed Strengthen and Unite Communities with Civics Education and English Skills Act  (SUCCESS) was introduced in both the House and Senate during the week of July 20 that supporters say would help immigrants integrate into U.S. society and workplaces and includes tax breaks for businesses offering English literacy programs to their employees.  … Continue Reading

Employers Should Keep Using 2/2/09 Version of Form I-9

The current version of Form I-9 (Employment Eligibility Verification) published February 2, 2009 has an expiration date of June 30, 2009, but there is no more current version.  What’s an employer to do?  For now, keep using the February 2 version, says the US Citizenship and Immigration Services.  Need the most recent Form I-9?  Click here to … Continue Reading

Another Circuit Court Agrees: ADA Amendments Act is Not Retroactive

Congress did not intend for the ADA Amendments Act (ADAAA) to be retroactive, the Court of Appeals for the District of Columbia ruled yesterday, and applied pre-ADAAA law to dismiss an employment discrimination claim.  Click here to read the court’s decision in Lytes v. DC Water and Sewer Authority.  Congress passed the ADAAA in 2008 and the new … Continue Reading

ICE Targets Employers by Launching I-9 Audit Program

Implementing a new audit initiative, the U.S. Immigration and Customs Enforcement Service (ICE) has served Notices of Inspection on 652 businesses nationwide.  The notices inform employers that ICE will be inspecting their I-9’s and other employment records to ascertain whether the employers are in compliance with federal immigration laws and regulations. The Obama administration appears to be taking a new approach … Continue Reading

Proposed Law Would Guarantee Working Mothers Right to Breast-Feed in Workplace

Oregon Democratic Senator Jeff Merkley has announced he will today introduce the Breastfeeding Promotion Act (BPA) in the U.S. Senate.  The BPA would  guarantee working mothers the right to breast-feed their children at their workplaces.  Click here to read about Merkley’s proposal on Oregonlive.com.  The bill is identical to one introduced yesterday in the House by Rep. Carolyn Maloney, D-N.Y. … Continue Reading

Starbucks Obtains Reversal of $105 Million “Tip Sharing” Case

Just over a year ago, we reported about a $105 million California verdict in favor of Starbucks baristas who were required to pool their tips with supervisors.  As you might expect, Starbucks appealed that decision.  Yesterday, a California Court reversed the decision.  Click here to read the decision in Chau v. Starbucks. The 4th District … Continue Reading

Proposed Law Would Suspend Federal Contractors that Employ Unauthorized Aliens

Federal contractors take note:  a new bill recently introduced in the House of Representatives aims to suspend or debar contractors found to employ unauthorized aliens.  The bill, the Border Control and Accountability Act (H.R. 1668), was introduced by Rep. Ginny Brown-Waite (R-Florida) earlier this year.  The bill also would prohibit the Department of Homeland Security from contracting with companies … Continue Reading

It’s okay to tell your boss where to stick his job – in New Zealand

We love New Zealand!  It’s land of Peter Jackson, Flight of the Conchords, Crowded House, and Steinlager beer.  It’s also the land of being able to tell your boss where to stick your job and getting away with it. According to the New Zealand Employment Relations Authority, a man did not resign his employment when … Continue Reading

IRS, DOL Publish New Info on COBRA Subsidy

Today the Department of Labor expanded its FAQs on the COBRA subsidies included in the American Recovery and Reinvestment Act of 2009 (ARRA).  Click here to read the DOL’s new COBRA FAQs.  Wondering what the tax implications of the subsidy are, or whether the person asking for the subisidy is truly eligible?  Click here to read … Continue Reading
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