Sep 28, 2018
Whether you are sick, injured, or pregnant it is important to know the basics of family leave. The two most important statutes are the Oregon Family Leave Act (“OFLA”) and the Family Medical Leave Act (“FMLA”). The OFLA is specific to Oregon and is similar to the FMLA, which is the federal version. The following are answers to commonly asked questions:
Am I eligible to take leave?
To be eligible under the FMLA you must … Read more
Aug 31, 2018
Regardless of whether you are the employee or an employer involved in a Bureau of Labor and Industries (“BOLI”) complaint process, it can be unnerving. The best way to face your trepidation is to fully understand your rights, responsibilities, and the overall process. The following is a guide to the various parts of a BOLI complaint.
Step One: The Complaint
The employee usually contacts BOLI via the telephone and talks to an Intake Officer. If … Read more
Aug 7, 2018
In a 9th circuit case from Hawaii, a teacher sued the school she worked at for discrimination due to alleged disparate treatment based on her sex and race, hostile work environment, and retaliation. She claimed that she had been retaliated against for reporting harassment.
The employee claimed that she was frequently harassed and degraded by students on the basis of her race (white) and her sex (female). She alleged that students called … Read more
Jul 31, 2018
Oregon laws require that employers pay employees at least once every 35 days. Oregon law also dictates that employees should be paid on time and be paid the full amount that they are owed each payday – what a revolutionary idea!
What happens if your employer deducts pay from your paycheck?
Generally, your employer cannot withhold money from your paycheck. The big exceptions may not surprise you:
- If the employer is required to do so
… Read more
Jun 12, 2018
Getting fired or losing your job is never easy and it can be especially difficult if you were fired or terminated for reasons that are unjust or discriminatory. Oregon and federal law have many protections regarding discrimination and firing. Read on to get the “lay of the land” regarding Oregon law with respect to wrongful termination.
At the most basic level an employer can discharge an employee at any time and for any reason … Read more
Jul 13, 2017
The Oregon legislature passed the Fair Work Week Act (SB 828) on June 29, 2017 and the potential new law awaits Governor Brown’s signature before implementation. If implemented, the new law would be the first of its kind adopted by a U.S. State.
Supporters claim passage of the Fair Work Week Act as a win for workers in the retail, hospitality and food service industries. Opponents of the Fair Work Week Act criticize … Read more
May 9, 2017
Perhaps it’s not surprising but public employees take significantly more time off from work than workers in the private sector. As pointed out in Steven Malanga’s City Journal article, there are various causes promoting this difference between employees in the private and public sectors. Among other things, public sector employees can often retire on full disability while continuing to work full time in other jobs. Many jurisdictions such as New York City apparently offer … Read more
Apr 6, 2017
City, county and state governments throughout the United States often enact measures to protect or promote favored business groups. The City of Portland’s efforts to protect the cab companies through ordinances limiting the rates and services of other businesses that transport individuals within the metro area such as airport limos, Uber and Lyft recently received judicial approval from the Ninth Circuit in Speed’s Auto Servs. Group v. City of Portland, 2017 U.S. App Lexis 5551 … Read more
Apr 3, 2017
A recent decision from our federal appeals court ruled that drivers of the Yellow Cab Company in Phoenix, Arizona are not employees of the cab company but, instead, are independent contractors who are not entitled to the minimum wages required by either Arizona law or the federal Fair Labor Standards Act (FLSA). The decision was issued by the U.S. Court of Appeals for the Ninth Circuit affirming a trial court decision issued by a federal … Read more