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 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
Mar 7, 2017
The 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 9, 2017
Employers often insist that their employees sign written agreements promising not to disclose confidential information concerning their employer to anyone during and following their employment. Of course such agreements frustrate governmental agencies which want to encourage employees to complain to them.
Thus, federal agencies are now invalidating and refusing to recognize employee confidentiality agreements which do not explicitly acknowledge and alert the employee of their right to file a charge or complaint against the employer … Read more
Jul 19, 2016
The U.S. Department of Labor (DOL) has issued new rules governing overtime pay which will automatically extend eligibility for overtime pay to an estimated 4.2 million workers. Under the new rules, which will take effect on December 1, 2016, most salaried workers earning less than $913.00 a week ($47,476.00 annually) will be entitled to collect overtime pay. This newly prescribed salary level is more than double the current amount ($455.00 per week or $23,660.00 per … Read more