2011 Archives

Alerts

• NLRB'S Notice Of Employee Rights Posting Requirements Extended To April 30, 2012

  December 28, 2011LABOR LAW UPDATE: As discussed in a number of recent Bullard Alerts, the National Labor Relations Board (“NLRB”) issued a final rule in August 2011 requiring most private sector employers to post a Notice informing employees of their rights...
  By Barbara A. Bloom
  

• 2012 Will See Large Minimum Wage Increase In Oregon and Washington

  December 22, 2011MINIMUM WAGE UPDATE: Effective January 1, 2012, the minimum wage rate is going up in Oregon and Washington. This will be second year in a row with minimum wage increases in both states. Oregon: Oregon's minimum wage will increase by 30 cents...
  By Michael G. McClory
  

• NLRB Adopts Amendments to Union election Procedures

  December 22, 2011LABOR LAW UPDATE: On December 22, 2011 the National Labor Relations Board published a final rule amending its election case procedures. The NLRB contends that the rule, which becomes effective April 30, 2012, will “reduce unnecessary litigation and...
  By Barbara A. Bloom
  

• NLRB'S Notice of Employee Rights Under The NLRA Will Be Available For Download In 28 Languages

  December 7, 2011LABOR LAW UPDATE: As discussed in a number of our recent Bullard Alerts, the National Labor Relations Board (“NLRB”) issued a final rule in August 2011 requiring employers covered by the National Labor Relations Act (“NLRA”) to post...
  By Michael G. McClory
  

• Bullard Law Observes Veterans Day by Reminding Employers About Laws Relating to Veterans

  November 10, 2011VETERANS DAY UPDATE: As we prepare to observe Veterans Day 2011, Bullard Law offers its sincere appreciation and gratitude to all of those who are serving or have served the United States of America. We appreciate the service and sacrifice of...
  By Michael G. McClory
  

• NLRB Postpones Rule Requiring Employers To Post Notice Of Employee Rights Under NLRA

  October 7, 2011LABOR LAW UPDATE: On October 5, 2011 the National Labor Relations Board (“NLRB”) postponed implementation of the final rule issued in August 2011 requiring employers covered by the National Labor Relations Act (“NLRA”) to post...
  By Jennifer A. Sabovik
  

• NLRB-Required Poster On Employee Rights Now Available For Download

  September 15, 2011LABOR LAW UPDATE: As discussed in our August 25, 2011 and September 9, 2011 Bullard Alerts, the National Labor Relations Board (“NLRB”) implemented a final rule last month requiring employers covered by the National Labor...
  By Jennifer A. Sabovik
  

• Follow-up On Final NLRB Rule Requiring Employers To Post Notice Of Employee Rights Under The NLRA

  September 9, 2011Labor Law Update
  

• Employers Beware: Automatic Termination Following Medical Leave Is Risky

  September 7, 2011HR NOTEBOOK: Most employers have written leave of absence policies published to employees, typically through a handbook. If covered by the Family and Medical Leave Act (FMLA) and/or its state counterpart, they have a written family medical leave policy...
  By Kathryn M. Hindman & Michael G. McClory
  

• NLRB Issues Final Rule Requiring Employers To Post Notice Of Employee Rights Under The NLRA

  August 25, 2011LABOR LAW UPDATE: This morning the National Labor Relations Board announced that it has issued a final rule requiring employers covered by the National Labor Relations Act to notify employees of their rights under the Act. The final rule...
  By Jennifer A. Sabovik
  

• Recent Developments Make This A Good Time To Evaluate The Pros And Cons Of Using Arbitration Agreements

  August 8, 2011ARBITRATION UPDATE: Arbitration agreements prevent employees from litigating their claims in front of employee-friendly juries that are prone to award large verdicts against employers. Recently, there have been several significant developments...
  By Jennifer A. Sabovik
  

• You've Been Served! Now What Do You Do With A Medical Records Subpoena

  July 28, 2011HR NOTEBOOK: It is not uncommon for human resources professionals to find themselves with the responsibility of producing personnel records in response to a subpoena. Undeniably, personnel records are sensitive. But the addition of medical information...
  By Kathryn M. Hindman
  

• County May Prospectively Modify Its Non-Union Employees' Fringe Benefits And Salaries Absent Plain Language Promising No Modifications Will Be Made

  June 30, 2011PUBLIC SECTOR BENEFITS UPDATE: These are difficult economic times for public sector entities, and having the ability to modify or eliminate employees’ fringe benefits may be crucial to a public sector entity’s financial viability. In a significant...
  By Kirk S. Peterson
  

• NLRB Proposes Rules To Speed Up Unionization

  June 21, 2011LABOR LAW UPDATE: On June 21, 2011, a divided National Labor Relations Board (NLRB) proposed new rules to speed up unionization elections. The NLRB, which oversees labor relations laws governing most private sector employers, stated that the purpose...
  By Adam S. Collier
  

• Washington Supreme Court Holds That Washington's Medical Marijuana Act Holds No Job Protections

  June 10, 2011MEDICAL MARIJUANA: On June 9, 2011 the Washington Supreme Court held that Washington’s Medical Use of Marijuana Act (MUMA) does not create any employment protections for applicants or employees. This means...
  By Michael G. McClory
  

• Bankruptcy And Credit History Almost Always Should Play No Role In Employment Decisions

  June 9, 2011HR WORKBOOK: Federal and Oregon laws restrict an employer’s use of credit history and bankruptcy information in the employment process. Specifically, as a federal appeals court recently held...
  By Michael G. McClory
  

• U.S. Supreme Court Decision Seems To Expand Protections For Employee FLSA Complaints

  March 25, 2011WAGE AND HOUR NOTEBOOK: On March 22, 2011 the United States Supreme Court held that the anti-retaliation provisions of the Fair Labor Standards Act (FLSA) protect...
  By J. Kent Pearson, Jr.
  

• Employee Handbooks: A Checklist For Labor Law Compliance

  March 8, 2011LABOR LAW UPDATE: Employers often seek legal review of their handbooks and policies to ensure compliance with federal and state employment laws, but neglect to seek review for compliance with federal...
  By Kathryn M. Hindman & Jennifer A. Sabovik
  

• US Supreme Court Gives Legs to Cat's Paw: Finds Employer May Be Liable For Discrimination Based on Unlawful Motive Or A Non-Decision Maker

  March 4, 2011DISCRIMINATION NOTEBOOK: On March 1, 2011, the United States Supreme Court upheld liability on a “cat’s paw” theory of discrimination. See Staub v. Proctor Hospital, Case No. 09-400 (2011). While anti-military animus did not...
  

• Settlement Reached In NLRB "Facebook Firing" Case

  February 9, 2011PRIVACY IN THE WORKPLACE: On February 7, 2011, the National Labor Relations Board’s Office of the General Counsel announced that a settlement had been reached in the widely-discussed case involving...
  

• 2011 HR Checklist For The New Year

  January 6, 2011HR WORKBOOK: While the beginning of the new year can be a little less demanding for most employees, it is one of the busiest times for human resource professionals. Employers can expect increased regulatory oversight and rulemaking initiatives...
  By Kathryn M. Hindman