Hunt & Associates P.C.

Aug 7, 2018

A Great Lesson for Employers, Courtesy of the Hawaii Department of Education

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.

What happened? 

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

Where’s My Paycheck?

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 in Oregon

GTime to say goodbyeetting 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

Feb 20, 2018

Is Bullying OK?

I recently read an article that was about policymakers developing laws to safeguard and protect needy students from lunch shaming. Young children who are part of the free lunch program are stigmatized, made fun of and shamed because they cannot afford to buy school lunches.  This got me to thinking: Why is it that (supposedly most) parents teach their children to be kind to others, follow the “Golden Rule” and not be bullies yet kids … Read more

Jul 13, 2017

The Fair Work Week Act: New Work Schedule Restrictions on the Horizon for Certain Oregon Workers and Employers

CalendarThe 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

The Donut Disability and Other Ailments of Public Employment

DonutsPerhaps 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

Local Governments Get in the Business of Crony Capitalism and Union Organizing

UnionCity, 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

Are Cab Drivers Employees or Independent Contractors? It All Depends…

Taxi cabA 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)[1].  The decision was issued by the U.S. Court of Appeals for the Ninth Circuit affirming a trial court decision issued by … Read more

Mar 7, 2017

Who Runs the Shop – Things Public Officials Can’t Say About Public Employees

Speak No Evil Monkey - 030717 croppedThe Oregon Supreme Court has just ruled that a City Council or other government body can be punished for committing an unfair labor practice if one of its members criticizes the public employee unions to which the city’s employees belong.

In AFSCME Council 75 v. City of Lebanon, 360 Or 809 (2017) the Court held that the City could be sanctioned for an unfair labor practice if one member of the Council, in a letter … Read more

Feb 22, 2017

Some Laws Require Discrimination

McDonalds - 022217It’s often assumed that all civil rights laws forbid discrimination which the law considers somehow wrongful or “invidious” while ignoring the fact that many “civil rights laws” actually require discrimination.  McDonald’s assumed that it complied with the Americans with Disabilities Act (“ADA”) by serving only customers in cars at the drive through window at its late-night outlets because it was not wrongfully discriminating against disabled customers who couldn’t drive.  Thus, McDonald’s claimed that it complied … Read more