2010 Archives

Alerts

• NLRB Proposes New Workplace Posting Informing Employees Of Right To Organize

  December 23, 2010LABOR LAW UPDATE: On December 22, 2010 a divided National Labor Relations Board (Board or NLRB) proposed a new rule that would require employers (including labor organizations) subject to the National Labor Relations Act (NLRA) to post...
  By Jennifer A. Sabovik
  

• Oregon's "Employer Gag Law' Revisited – Court Finds NLRA Preempts Similar Wisconsin Law

  November 19, 2010LABOR LAW UPDATE: On November 15, 2010, a federal court in Wisconsin struck down a state law that prohibited employers from taking adverse employment action against employees who refused to attend meetings intended to...
  By Barbara A. Bloom
  

• NLRB Decisions Adopt New Remedial Policies

  November 2, 2010LABOR LAW UPDATE: On October 25, 2010, the National Labor Relations Board issued two decisions adopting new remedial policies: one requiring that back pay now be compounded daily and the other requiring that notices be distributed...
  By Adam S. Collier & Jennifer A. Sabovik
  

• Oregon and Washington Raise Minimum Wage For 2011

  October 22, 2010MINIMUM WAGE UPDATE: Effective January 1, 2011, the minimum wage rate is going up in Oregon and Washington. These will be the first increases to the minimum wage in both states in two years...
  

• New Accounting Standard Would Affect Employers Who Contribute To Multi-Employer Pension Plans

  October 6, 2010BENEFITS NOTEBOOK: Employers that participate in multiemployer pension plans may be required, under a proposed new FASB Accounting Standard Codification, to disclose much more information to their auditors about...
  By Thomas I. Kramer
  

• NLRB Takes Aim At Reducing Secret Ballot Elections

  September 16, 2010LABOR LAW UPDATE: Long one of the hallmarks of labor relations, the “secret ballot” is now in jeopardy. Stating that "substantial issues" have been raised about when a union's support by employees can be challenged by a secret ballot election...
  By Kirk S. Peterson
  

• U.S. Supreme Court Holds That City Did Not Violate Employee Rights By Reading Text Messages

  June 29, 2010On June 17, 2010 a unanimous United States Supreme Court held that the City of Ontario, California did not violate a police officer’s constitutional rights when it audited his text messages sent on a city-issued pager. See City of Ontario v....
  By Maryann Yelnosky
  

• U.S. Supreme Court Holds That Two-Member NLRB Lacked Authority To Act, Invalidates Over 600 Decisions

  June 17, 2010NLRB UPDATE: Earlier today a divided US Supreme Court held that the National Labor Relations Board (NLRB) lacked authority to act when three of its five seats were vacant, a decision with the potential to invalidate more than 600 decisions...
  By Jennifer A. Sabovik
  

• SB519: Federal Court Calls Challenge To The "Employer Gag Law" Premature And Dismisses Suit

  May 21, 2010LABOR LAW UPDATE: On May 6, 2010, U.S. District Court Judge Michael Mosman dismissed a lawsuit aimed at overturning Oregon SB 519 (known as either the “Workers Freedom Act” or the “Employer Gag Law”). Effective since January 1, 2010...
  

• IRS Questionnaire Targets 401(K) Plans

  May 20, 2010BENEFITS NOTEBOOK: This week, the Internal Revenue Service will notify 1,200 §401(k) plans across the country that they have been selected to complete a 401(k) Compliance Check Questionnaire. The 1,200 plans...
  By Thomas I. Kramer & Victoria L. Macpherson
  

• SB 519, The "Employer Gag Law" Requires A Workplace Posting, Are You In Compliance?

  April 30, 2010LABOR LAW UPDATE: Senate Bill 519, known to its supporters as the Workers Freedom Act and to its critics as the Employer Gag Bill, took effect January 1, 2010. As we reported in our July 24, 2009 Bullard Alert, SB 519 prohibits employers...
  By Jacqueline M. Damm
  

• Continuation Coverage Premium Subsidy Extended

  April 19, 2010BENEFITS NOTEBOOK: On April 15, 2010, President Obama signed the Continuing Extension Act of 2010. Among other extensions, it extended the date within which an involuntary termination of employment may lead to a federal subsidy for...
  By Thomas I. Kramer
  

• Oregon Supreme Court Holds That Oregon Disability Discrimination Law Does Not Require Employers To Accommodate The Medical Use Of Marijuana

  April 16, 2010MEDICAL MARIJUANA: n April 14, 2010 the Oregon Supreme Court held that Oregon employers are not required to accommodate the medical use of marijuana and are not required to engage in the interactive process regarding potential...
  By Francis T. Barnwell & Michael G. McClory
  

• President Obama Uses Recess Appointments To Fill Vacancies At NLRB And EEOC

  April 1, 2010NLRB/EEOC UPDATE: On March 27, 2010, President Obama took advantage of a two-week Congressional break to fill key administration posts with recess appointments. President Obama made a total of 15 recess appointments, filling two vacancies on...
  By Jennifer A. Sabovik
  

• COBRA Premium Subsidy Extended

  March 8, 2010BENEFITS NOTEBOOK: On March 2, 2010, President Obama signed the Temporary Extension Act of 2010, amending the American Recovery and Reinvestment Act of 2009 (ARRA), which was first amended in December by the Defense...
  By Thomas I. Kramer
  

• Oregon District Court Rules That Federal Law Preempts Part Of Oregon Uniform Arbitration Act

  February 23, 2010ADR NOTEBOOK: On January 14, 2010, Judge Anna Brown of the District of Oregon concluded that ORS §36.620(5), which is part of the Oregon Uniform Arbitration Act, is preempted by the Federal Arbitration Act (FAA) when the FAA applies...
  

• Senators Block NLRB Nominee With Deep Union Ties

  February 10, 2010LABOR LAW UPDATE: On Tuesday, February 9, 2010, Senate Republicans joined by two Democrats effectively blocked President Obama’s nomination of attorney Craig Becker to fill one of three open seats on the National Labor Relations Board (NLRB)...
  By Adam S. Collier