2013 Archives
Alerts
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Employee Use of a Public Employer's Email System is a Mandatory Subject of Bargaining According to the ERB
October 28, 2013PUBLIC SECTOR LABOR NOTEBOOK: In two recent cases, the Oregon Employment Relations Board held that the Oregon Department of Administrative Services committed unfair labor practices when it temporarily banned union represented employees from using the...
By Kirk S. Peterson & Daniel L. Rowan
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Taxes, Benefits and Same-Sex Marriage: Oregon Weighs in and the IRS Simplifies Employers' Tax Refunds
October 21, 2013BENEFITS NOTEBOOK: Readers of our June 28 and August 30, 2013 Bullard Alerts already know these basic facts...
By Thomas I. Kramer
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Oregon, Washington and California Announce Minimum Wage Increases for 2014
September 30, 2013MINIMUM WAGE UPDATE: Effective January 1, 2014, the minimum wage rate will be higher in Oregon and Washington. Further, in California the minimum wage rate will increase effective July...
By Michael G. McClory
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Taxes, Benefits and Same-Sex Marriage: Key IRS Guidance
August 30, 2013BENEFITS NOTEBOOK: Readers of our June 28, 2013 Alert may remember from our discussion of the United States Supreme Court’s holding in U.S. v. Windsor that a portion of the federal Defense of Marriage Act (DOMA) violates the Fifth Amendment of the...
By Thomas I. Kramer & Victoria L. Macpherson
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The Oregon Legislature Adjourns for Summer After Passing a Number of Laws of Importance for Employers
July 15, 2013OREGON LEGISLATIVE UPDATE: With summer in full swing, the 2013 Oregon Legislative Session finally wrapped on July 8. Before ending the session, legislators passed a number of bills of importance to employers, which were subsequently signed into law by...
By Daniel L. Rowan
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Health Care Reform "Play-or-Pay" Mandate Delayed
July 3, 2013BENEFITS NOTEBOOK: Most employers know that major portions of the health care reform laws enacted in 2010 are scheduled to take effect in 2014. On July 2, 2013 the Obama Administration delayed for a year one important piece of those...
By Thomas I. Kramer
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U.S. Supreme Court Narrowly, but Precisely, Defines "Supervisor" and "Tangible Employment Action" for Purposes of Title VII Workplace Harassment Claims
June 28, 2013HARASSMENT UPDATE: On June 24, 2013 a divided United States Supreme Court answered two questions left lingering over the past 15 years: for purposes of workplace harassment claims based on Title VII, who is a “supervisor” and what is a “tangible...
By Michael G. McClory
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Taxes, Benefits and Same-Sex Marriage: Take a Breath
June 28, 2013BENEFITS NOTEBOOK: On June 26, 2013, in U.S. v. Windsor, a divided U.S. Supreme Court held that a portion of the federal Defense of Marriage Act (DOMA) violates the Fifth Amendment of the U.S. Constitution. That decision presents difficult issues for...
By Thomas I. Kramer
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NLRB In Chaos: President Obama Nominates Three More to the Board; A Total of Five Nominees Await Senate Action
April 15, 2013LABOR UPDATE: On April 9, 2013 President Obama announced that he had nominated three persons to serve on the National Labor Relations Board (NLRB). This brings to five the total number of Board nominations that are waiting for Senate action...
By Michael G. McClory
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Portland Employers - Get Ready for Mandatory Sick Time
March 19, 2013HR NOTEBOOK: A few weeks ago, we told you about a proposal introduced by Commissioner Amanda Fritz to require certain employers with employees in Portland to provide paid and unpaid sick time off to employees...
By Kathryn M. Hindman
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Agencies Issue Affordable Care Act FAQs Relating to Cost-Sharing Restrictions for Non-Grandfathered Plans
March 8, 2013BENEFITS UPDATE: In our last Benefits Update, we reported on a set (Part XI) of Frequently Asked Questions jointly issued by the U.S. Departments of Labor and Health and Human Services and the Internal Revenue Service relating to the Patient Protection...
By Thomas I. Kramer
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Recent FMLA Amendments Expand Military Caregiver and Flight Crew Member Leave, Add New Poster Requirement
February 26, 2013FMLA Benefits: On March 8, 2013 the United States Department of Labor’s new Family and Medical Leave Act regulations go into effect. These regulations implement the amendments to FMLA that were included in...
By Kathryn M. Hindman
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Agencies Issue New Affordable Care Act FAQs, Postpone Employer Notice of Health Care Exchanges
February 19, 2013BENEFITS NOTEBOOK: On January 24, 2013, the United States Departments of Labor and Health and Human Services and the Internal Revenue Service jointly issued a new set (Part XI) of Frequently Asked Questions relating to the Patient Protection and...
By Thomas I. Kramer
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Paid Medical Leave Among the Bills Being Considered by the Oregon Legislature
February 14, 2013HR NOTEBOOK: Oregon employers are facing a slew of potential new labor and employment laws in 2013. While none of these proposals is a law yet, for some it is just a matter of time before passage. Below we discuss several of the more consequential...
By Michael G. McClory
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D.C. Circuit Places the NLRB in "Time Out" after Ruling that the President's Recess Appointments are Unconstitutional
January 29, 2013LABOR LAW UPDATE: What began as routine successor bargaining between Noel Canning, a contract bottling and canning facility in Yakima, Washington, and Teamsters Local 760, has resulted in a potentially groundbreaking decision from the...
By Daniel L. Rowan & Jennifer A. Sabovik
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NLRB Overturns Bethlehem Steel - Employers Must Continue Dues- Checkoff After Expiration of CBA
January 25, 2013LABOR LAW UPDATE: The National Labor Relations Board recently reversed 50 years of precedent on the issue of whether an employer’s obligation in a collective bargaining agreement to deduct union dues from employees’ wages continues after the...
By Daniel L. Rowan
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New Year Sees Changes to FCRA Forms
January 11, 2013HR NOTEBOOK: As 2013 begins, we want to draw your attention to changes related to the Fair Credit Reporting Act (FCRA) that affect employers who use third-party background checkers...
