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2016 Archives


  • Portland Pay Ratio Surtax Attempts to Address Income Disparities

    December 9, 2016In the latest move to maintain Portland’s reputation as a city of “firsts,” the Portland City Council voted 3-1 on Wednesday to pass a first-of-its-kind measure that attempts to address income disparity.  The ordinance creat...
    By Liani J. Reeves
  • Key Employment Laws Taking Effect January 1, 2017 (Oregon and Washington)

    December 6, 2016A new year is almost upon employers in the Pacific Northwest.  And with it come new employment laws taking effect January 1, 2017.  This Alert provides a brief summary of the key laws that Oregon and Washington employers should be prepar...
    By Daniel L. Rowan
  • Permanent Injunction Issued Against Persuader Rule

    November 28, 2016On November 16, 2016, a Texas federal judge issued a permanent nationwide injunction blocking the implementation and enforcement of the US Department of Labor’s “Persuader Rule.”  In a June 29, 2016 Bullard Alert, we discuss...
    By J. Chris Duckworth
  • BREAKING NEWS: Texas Court Issues Order Enjoining DOL's Final Salary Threshold Rule

    November 22, 2016Earlier today, a Texas federal court judge issued a nationwide preliminary injunction enjoining the U.S. Department of Labor’s final salary threshold rule from going into effect on December 1, 2016, as scheduled. The rule would have raised t...
    By J. Kent Pearson, Jr.
  • Increased Salary Level Test for the Fair Labor Standards Act to Take Effect December 1, 2016

    November 15, 2016​Effective December 1, 2016, U.S. Department of Labor rules increase the minimum salary level for Fair Labor Standards Act (FLSA) “white collar” overtime exemptions from $455 per week ($23,660 annually) to $913 per week ($47,476 annually).
    By Megan J. Crowhurst & J. Kent Pearson, Jr.
  • Federal Contractor Paid Sick Leave Rules Issued by DOL

    November 10, 2016On September 29, 2016, the U.S. Department of Labor published a final rule requiring that federal contractors provide up to 56 hours of paid sick leave to covered employees per year. The final rules implement Executive Order 13706, ...
    By Jacqueline M. Damm & J. Chris Duckworth
  • OSHA Reporting Requirements for Workplace Illnesses and Injuries to Take Effect January 1, 2017

    November 2, 2016Employer and Employee Reporting   On May 12, 2016, the Occupational Safety and Health Administration (“OSHA”) published its final rule entitled Improve Tracking of Workplace Injuries and Illnesses (to read the rule, visit 81 Fed...
    By J. Kent Pearson, Jr.
  • Election Talk in the Workplace: Can Employers Tell Employees to Leave Their Opinions at Home?

    November 1, 2016​With the general election right around the corner, employers might be wondering how to manage the sometimes emotional and confrontational conversations among employees that can lower morale and productivity...
    By Kara Backus
  • ​EEOC Issues Updated Retaliation Enforcement Guidance

    October 10, 2016On August 29, 2016, the Equal Employment Opportunity Commission (EEOC) issued new Enforcement Guidance on Retaliation and Related Issues explaining the standards the agency uses to decide if an employee has suffered unlawful retaliation in th...
    By J. Chris Duckworth
  • ​BOLI Revives “Surprise” Employer Inspection Program

    October 3, 2016“The nine most terrifying words in the English language are: ‘I’m from the government and I’m here to help.’” Ronald Reagan. In July 2016 BOLI started a new program that allows for surprise, warrantless searches of...
    By Daniel R. Barnhart
  • New Changes to EEOC Proposed Pay Reporting Rule

    August 1, 2016On July 14, 2016 the U.S. Equal Employment Opportunity Commission (EEOC) issued a revised version of its proposed rule expanding pay data collection from federal contractors with at least 50 employees and private employers with at least 100 e...
    By Randi J. Ensley
  • ​July 1 Marks the First Minimum Wage Increase for Oregon Employees

    June 30, 2016In March 2016, Oregon enacted a geographically-tiered minimum wage hike. The first increase goes into effect tomorrow--July 1, 2016. For all employees performing work in the Portland Urban Growth Boundary, and the Urban/Suburban Region, the min...
    By Megan J. Crowhurst
  • Injunction Suspends Department Of Labor’s “Persuader Rule”

    June 29, 2016On June 27, 2016, the US District Court for the Northern District of Texas issued a nationwide preliminary injunction temporarily suspending the implementation and enforcement of the US Department of Labor’s controversial “Persuader Ru...
    By J. Chris Duckworth
  • Portland Ban the Box Ordinance Goes Into Effect July 1, 2016

    June 28, 2016In December we wrote about Portland’s “Ban the Box” ordinance. This month the City Council approved administrative rules that will guide enforcement when the ordinance goes into effect on July 1, 2016.  The ordinance and rul...
    By Benjamin P. O'Glasser
  • Ninth Circuit Allows Tip Pooling Rules to Extend to All Employers

    March 2, 2016On February 23, 2016, the Ninth Circuit Court of Appeals issued a very noteworthy opinion for hospitality and restaurant employers in the opinion Oregon Restaurant and Lodging Association v. Perez. In sum, the Ninth Circuit held that the...
    By Benjamin P. O'Glasser & J. Kent Pearson, Jr.
  • Oregon Minimum Wage Hike Imminent

    February 19, 2016On Thursday, the Oregon House of Representatives approved landmark legislation (Senate Bill 1532) which raises the state's minimum wage rate to the highest in the United States, and does so through an unprecedented tiered system based on where Oregon ...
  • Yours, Mine or Ours? US Department of Labor Wage and Hour Division issues new Joint Employer Standard

    February 8, 2016On January 20, 2016, the United States Department of Labor, Wage and Hour Division issued an Administrator’s Interpretation (“AI”), effectively an advisory opinion, explaining how it will interpret joint employer status under the Fair Labor...
    By Francis T. Barnwell
  • The Affordable Care Act - Delays and Clarifications

    January 28, 2016Last month, the Obama administration delayed two provisions of the Affordable Care Act relating to employers and the Internal Revenue Service provided guidance on several aspects of the ACA. This Alert will try to explain those actions...
    By Kara Backus & Thomas I. Kramer