Alerts

• Legislature Considering Exclusion of Hiring / Retention Bonuses from Equal Pay Act

  March 23, 2023 The Oregon Equal Pay Act prohibits employers from discriminating between employees in the payment of wages or other compensation for work of a comparable character unless the wage differential is based on certain bona fide factors such as senior...
  By Christine M. Zinter
  

• Supreme Court Rules that Employee Was Entitled to Overtime Pay Despite Six-Figure Income

  February 23, 2023A new Supreme Court ruling yesterday serves as a useful reminder to employers that they must pay employees on a “salary basis” in order to avoid overtime requirements under the Fair Labor Standards Act (FLSA), even for highly compensat...
  By Ed Choi
  

• Paid Leave Oregon – Volume III: Tax Status of Contributions and Benefit Payments

  January 24, 2023As outlined in our previous alerts, most businesses with Oregon employees began paying into Oregon’s new family and medical leave insurance (“FMLI”) program as of January 1, 2023. While several “in the weeds” administ...
  By Christine M. Zinter
  

• Employment Law Trends to Watch in 2023

  January 9, 2023 With election dust settled, the new year brings new employment law trends for employers to watch carefully. The following list and short description of compliance topics are intended as a helpful reminder to be sure employers are starting 2023 o...
  By Heather J. Van Meter
  

• Oregon Supreme Court Rules State Wage Law Same as Federal Wage Law for Compensation of Employees’ On-Site Security Screening Time

  December 15, 2022 On December 15, the Oregon Supreme Court held that state wage law is the same as federal wage law for purposes of determining whether employee time spent in on-site security screenings is to be paid work time. The court, responding to a Ninth Ci...
  By Heather J. Van Meter
  

• NLRB Adds New Remedies to its Arsenal

  December 14, 2022 On November 12, 2022, the National Labor Relations Board (NLRB) ruled 3-2, along party lines, to give itself new power to require payment of "consequential damages" for employer violations of federal labor laws. Through this ruling, th...
  By John M. Stellwagen & Heather J. Van Meter
  

• Oregon Public Health Emergency Triggers Changes to OFLA Eligibility

  December 6, 2022 On November 14, 2022, Oregon Governor Kate Brown issued Executive Order No. 22-23, declaring a public health emergency due to an alarming uptick in respiratory syncytial virus (RSV) and influenza cases. This declaration remains in...
  By Christine M. Zinter
  

• NLRB General Counsel Proposes Sweeping Changes Impacting Employer Use of Technology to Manage and/or Monitor Employees

  November 1, 2022In sweeping new proposals, the National Labor Relations Board (NLRB) General Counsel, Jennifer Abruzzo, yesterday announced her intention to limit employers in their ability to rely upon commonly used electronic monitoring and management technolog...
  By Paige Alli, Richard J. Alli, Jr. & John M. Stellwagen
  

• States Jointly Issue New Paid Leave Guidance for Oregon-Washington Employers

  October 14, 2022 In a rare joint issuance, the state agencies in charge of paid Family Medical Leave (FML) programs in Oregon and Washington have issued clarification on which state’s paid leave program applies for employees crossing the states’ join...
  By Heather J. Van Meter
  

• DOL lssues New Independent Contractor Rule

  October 11, 2022 The U.S. Department of Labor (DOL) has issued its anticipated proposed rule to clarify who is an independent contractor under the federal Fair Labor Standards Act (FLSA). Under the current 2021 rule, two “core factors,” ...
  By Christine M. Zinter
  

• Paid Leave Oregon – Volume 2: Employee Communications

  October 4, 2022 As outlined in our previous alert, effective January 1, 2023, most Oregon employees and employers will begin paying into the new Family and Medical Leave Insurance (“FMLI”) program, Paid Leave Oregon. Employers who have not been...
  By Christine M. Zinter
  

• Paid Leave Oregon – Volume 1: Is Pursuing an “Equivalent Plan” Right for Your Business?

  September 13, 2022 Oregon House Bill 2005, designed to provide nearly all working Oregonians with paid family and medical leave, passed the legislature on a 21-6 bipartisan vote in 2019. However, COVID delayed the design and implementation of the program, touted a...
  By Paige Alli & Christine M. Zinter
  

• Biden NLRB Board Changes Rules Regarding Employee Dress Codes

  September 6, 2022 On August 29, 2022, the National Labor Relations Board (“the Board”) issued its decision in Tesla, Inc., and overturned the precedent set by a 2019 ruling regarding dress code policies at Wal-Mart, where the employer was able to...
  By Paige Alli
  

• Hiring & Retention Bonus Exclusions Under the Oregon Equal Pay Act End September 28

  August 23, 2022The Oregon Equal Pay Act prohibits employers from discriminating between employees in the payment of wages or other compensation for “work of a comparable character” unless the wage differential is based on certain bona fide factors su...
  By Christine M. Zinter
  

• Oregon Minimum Wage – B Alert Correction!

  July 29, 2022It has been brought to our attention that our Minimum Wage Alert dated June 23, 2022 reported an incorrect increase for employers located in the Non-Urban areas of Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klamath, Lak...
  

• Employee Benefit Plans in a Post-Roe World: Avoiding Criminal Liability and Other Considerations

  June 30, 2022As has been widely reported, the Supreme Court released its opinion in Dobbs v. Jackson Women’s Health Organization on Friday, June 24, overturning the Court’s 1973 decision in Roe v. Wade which held the United Stat...
  By Christine M. Zinter
  

• Oregon Minimum Wage Increasing July 1, 2022

  June 23, 2022 A reminder to Oregon employers that starting July 1, 2022, minimum wage workers in Oregon will see an increase in pay. These new rates are in effect from July 1, 2022, to June 30, 2023.    Due to Oregon’s three-tiered minimum...
  By Christine M. Zinter
  

• What is Web Scraping and Why Should Employers Be Concerned?

  May 17, 2022 The Ninth Circuit Court of Appeals recently ruled in LinkedIn v. hiQ Labs, Inc. that “web scraping” is likely not illegal and allowed web scraping company hiQ Labs, Inc. to “web scrape” LinkedIn’s website,...
  By Heather J. Van Meter
  

• "Divesting” from Russia: What Employers Should Consider

  March 4, 2022 Many large companies have announced they are divesting from Russia due to Russia’s invasion of Ukraine. The moves impact many aspects of Russia’s economy, from energy to news, furniture to clothing. BP and Shell have announced they a...
  By Heather J. Van Meter & Christine M. Zinter
  

• What does "Endemic COVID" mean for employers?

  February 22, 2022 The easing of COVID restrictions around the country amid discussion of “living with COVID” will require employers to be more vigilant in many ways while simultaneously attempting to return to normal or a new normal. Some employers ne...
  By Heather J. Van Meter
  

• Employer’s Responsibility to Withhold New Portland-Based Personal Income Taxes

  February 9, 2022 With tax season right around the corner, employers may find themselves suddenly fielding inquiries about two new Portland taxes that became effective January 1, 2021 and will first be due April 15, 2022. In May 2020, voters in the greater Portla...
  By Christine M. Zinter
  

• Oregon Makes Indoor Mask Mandate Permanent, but May Lift by March 31

  February 8, 2022On Monday, the Oregon Health Authority issued a permanent rule, OAR 333-019-1025, making the state’s indoor mask mandate permanent unless, and until, an order is issued by the Public Health Director or Health Officer rescinding some or all o...
  By Heather J. Van Meter
  

• Washington Long-Term Care Tax Officially Postponed

  February 2, 2022On January 27, 2022, Washington Governor Jay Inslee signed House Bills 1732 and 1733, delaying and amending the Washington Cares Act (often referred to as the Long-Term Care premium tax). Employer Takeaway: The bills delay the obligation to wit...
  By Christine M. Zinter
  

• So What Can Oregon and Washington Employers Do Now That The Supreme Court Ruled?

  January 18, 2022 Now That the Supreme Court Struck Down the OSHA Vaccine-or-Test Mandate, Can I Require Employees to be Vaccinated? Yes, private employers can choose to mandate vaccines, or a vaccine-or-test regime, for their companies. Both Oregon and Washin...
  By John M. Stellwagen & Heather J. Van Meter
  

• Health Plans Required to Pay for Over-the-Counter COVID-19 Tests

  January 13, 2022SUMMARY Earlier this week, the U.S. Department of Health & Human Services, Department of Labor, and the Treasury (the “Tri Agencies”) published guidance outlining that health plans and health insurance companies must cover and/o...
  By Christine M. Zinter
  

• U.S. Supreme Court Issues Stay of OSHA’s Private Employer Vaccine-or-Test Mandate; CMS’s Medicare/Medicaid Vaccine Mandate Survives

  January 13, 2022Private Employer Vaccine-or-Test Mandate Stay Issued – Employers Do Not Need to Comply with OSHA Rule but Still Comply With State Laws The Supreme Court issued its much-anticipated ruling today, staying and putting on hold the private emp...
  By Heather J. Van Meter
  

• Ten Things Oregon and Washington Employers Should Know For 2022

  December 29, 20211. Omicron Variant Continues to Spread, and Employers Must Continue Compliance with Facemasks, Sanitation, HVAC, Other Precautions The Omicron variant of the SARS-COV-2 virus is quickly becoming the dominant variant around the nation and global...
  By Heather J. Van Meter
  

• OSHA Vaccine Mandate Update

  December 21, 2021Supreme Court Justice Brett Kavanaugh has given the Biden administration until December 30 to respond to a cascade of lawsuits appealing the OSHA vaccine mandate for workers to go into effect. Business groups, religious entities, and 27 U.S. state...
  By Christine M. Zinter
  

• Déjà vu All Over Again: Employer Vaccine-or-Test Mandate Back on Course (For Now)

  December 20, 2021Late Friday evening, the U.S. Court of Appeals for the Sixth Circuit, in a surprise opinion, dissolved the injunction placed by the U.S. Court of Appeals for the Fifth Circuit to block OSHA’s COVID-19 vaccination and testing emergency tempor...
  By Christine M. Zinter
  

• Federal Contractors’ Vaccine Mandate Blocked Nationwide

  December 8, 2021Yesterday, a federal judge in Georgia placed a nationwide injunction on the Biden Administration’s vaccine mandate for federal contractors. As noted in our previous alert, a federal judge in Kentucky enjoined the mandate in Kentuck...
  By Christine M. Zinter
  

• President Biden Announces New Action Plans to Battle COVID-19 Including Mandate that Group Health Plans Cover Free At-Home Testing

  December 2, 2021Earlier today, The White House released a statement indicating President Biden will be announcing new actions to battle COVID-19 as we head into winter and face the new Omicron variant. Of interest to employers and your group health plans is th...
  By Christine M. Zinter
  

• COVID Vaccine Mandate for Healthcare Workers On Hold Nationwide and Other COVID Developments

  December 1, 2021A federal judge in Louisiana halted implementation nationwide of President Biden’s vaccine mandate for healthcare workers. Louisiana Federal Judge Terry Doughty has issued a nationwide preliminary injunction against President Biden’...
  By Heather J. Van Meter
  

• OSHA Suspends Enforcement of Vaccine Mandate for Employers with 100+ Employees

  November 17, 2021 Yesterday, November 16, the federal Occupational Safety and Health Administration (OSHA) announced that it is suspending all its implementation and enforcement efforts related to the Emergency Temporary Standard (ETS) mandating vaccination or we...
  By Christine M. Zinter
  

• The Cost of Workplace COVID-19 Testing – Dollars and Sense

  November 12, 2021 An employer with 100 employees, of whom 20% are not vaccinated (according to Nov. 9, 2021 CDC data, 80.9% of Oregon’s adult population are partially or fully vaccinated) will spend upward of $12,000 per month to supply weekly COVID-19 test...
  By Christine M. Zinter
  

• Federal Appeals Court Blocks Emergency Vaccine Rule. What Does This Mean for Employers?

  November 8, 2021 By now, you’ve heard that on Saturday, November 6, the Court of Appeals for the Fifth Circuit issued a temporary stay order, blocking OSHA from implementing its contentious vaccine mandate until the “grave statutory and constitutiona...
  By Christine M. Zinter
  

• OSHA Releases Vaccine Mandate Emergency Temporary Standard with Few Surprises

  November 5, 2021Yesterday (November 4, 2021), the Department of Labor’s Occupational Safety and Health Administration (OSHA) pulled back the curtain on its Emergency Temporary Standard (ETS) about two months after President Biden announced that a vaccine-or...
  By Christine M. Zinter
  

• Traps for the Unwary Employer with Washington Residents as Telecommuters

  November 2, 2021Washington’s new “LTC payroll tax law,” more appropriately referred to as the Long Term Care (LTC) Services and Supports Act, takes effect January 1, 2022. This new payroll tax of 0.58 percent on the W-2 payroll of Washington emp...
  By Christine M. Zinter
  

• Group Health Plans & COVID-19 Vaccinations: Premium Surcharges Clarified in Time for Open Enrollment

  October 19, 2021 Although OSHA has yet to publish the anticipated Emergency Temporary Standard (ETS) regarding President Biden’s COVID-19 workplace vaccination and testing mandate, it is realistic to expect the final draft of the regulation to be made publ...
  By Christine M. Zinter
  

• Oregon Judge Issues First Ruling Rejecting Challenges to State’s Vaccine Mandates

  October 11, 2021 In the Jefferson County, Oregon case of Oregon Fraternal Order of Police v. Governor Kate Brown and State of Oregon, Case No. 21CV35125, thirty-three state police officers and two associations representing police and firefighters challenged the ...
  By Heather J. Van Meter
  

• Does Washington’s New Long Term Care Payroll Tax Apply to Your Employees?

  September 9, 2021 Many employers in Washington and Oregon are just now learning about Washington’s new long-term care payroll tax. Managing COVID, labor shortages, and a mountain of work has taken priority for many months, but Washington’s newest payr...
  By Heather J. Van Meter
  

• BREAKING: President Biden Announces New Rule Mandating Employee Vaccines or Weekly Testing For All Employers with 100+ Employees and Other Employees

  September 9, 2021 Attempting to address the ongoing COVID-19 pandemic and spike in cases and hospitalizations nationwide, President Biden announced major new efforts to require vaccinations among workers nationwide today. President Biden has directed the Occupati...
  By Heather J. Van Meter
  

• COVID-19 Delta Variant Surge Leads to New Statewide Mask and Vaccine Mandates in Oregon and Washington

  August 23, 2021Delta Variant Continues to Surge The Delta variant of the COVID-19 virus continues to surge throughout the region, leading to the highest numbers of cases to date, and causing record hospitalization rates which are threatening to overwhelm the ...
  By Heather J. Van Meter
  

• Delta Variant on the Rise, Causing New Mandates for Masks and Vaccinations

  August 10, 2021In Oregon and Washington, and elsewhere in the country, the Delta variant of COVID-19 is causing spikes in the numbers of positive COVID-19 cases, as well as increased hospitalizations. The Delta variant is a mutation of the original COVID-19 viru...
  By Heather J. Van Meter
  

• Multnomah County Now Strongly Urging Everyone To Wear Masks Indoors; CDC Recommends Wearing Masks Indoors Regardless If Vaccinated

  July 27, 2021 Following a recent surge in COVID-19 cases largely due to the Delta variant, Multnomah County issued a new advisory on July 26, strongly urging everyone age five years and up to wear masks indoors around people outside the same household. One da...
  By Heather J. Van Meter
  

• Oregon’s 2021 Legislative Session Brings Significant Changes for Employers

  July 23, 2021The Oregon State Legislature adjourned its 2021 session at the end of June, but not before passing a slew of bills, some of which bring noteworthy changes for Oregon employers. Many of the new laws and updates attempt to lessen the significant imp...
  By Naomi D. Johnson & Liani J. Reeves
  

• Gov. Inslee Changes Course in Washington, Unmasking Only for Vaccinated Persons; Oregon and Washington Revised Requirements Begin Today

  June 30, 2021 Washington Update Late on June 29, Washington Gov. Inslee reversed course and will only permit the general public to go without masks if they are fully vaccinated. This means customers in stores and visitors inside businesses can on...
  By Heather J. Van Meter
  

• Oregon and Washington Lifting Most COVID Restrictions On June 30

  June 28, 2021 On June 25, Oregon Governor Brown announced the lifting of most COVID-related restrictions within Oregon, which will take place on June 30 or earlier if Oregon’s adult first-vaccination rate reaches 70%. Washington...
  By Heather J. Van Meter
  

• Oregon Legislature, Nearing End of Session, Passes New Laws on Non-Competes, Hairstyles at Work, Equity at Public Schools, and Education Dress Codes

  June 21, 2021 The Oregon Legislature is nearing the end of this Legislative Session and is busy with state budgeting and finding time to pass new laws impacting employers, employees, and public education. These laws include further restricting employee non-co...
  By Heather J. Van Meter
  

• Latest U.S. Supreme Court Case Favors Religious Rights Over Laws Prohibiting Discrimination Against LGBTQ+, Signals Potential Expansion of Religious Rights

  June 18, 2021In a potential expansion of religious freedom rights, yesterday the U.S. Supreme Court in the case of Fulton v. City of Philadelphia, Pennsylvania, held that the City of Philadelphia could not require Catholic Social Services, a group contracting ...
  By Heather J. Van Meter
  

• U.S. OSHA Issues New COVID-19 Emergency Temporary Standards for Healthcare Settings and Revises Guidance for Other Workplaces If All Employees Are Fully Vaccinated

  June 11, 2021Yesterday, the U.S. Department of Labor’s Occupational Safety and Health Administration (U.S. OSHA) issued revised rules containing long-anticipated Emergency Temporary Standards for the healthcare industry. 29 CFR 1910 Subpart U.  The ...
  By Heather J. Van Meter
  

• Washington “Unmasks” Persons Fully Vaccinated from COVID-19 Except in Special Settings

  May 25, 2021Washington’s Secretary of Health signed an order on May 15 allowing fully vaccinated persons to forego masking requirements statewide except in healthcare settings, correctional facilities, homeless shelters, and schools.  Additional...
  By Heather J. Van Meter
  

• OR-OSHA Issues Statement on Vaccinated Persons, Following Up on New OHA Guidance

  May 19, 2021 In response to the new Oregon Health Authority (OHA) guidance regarding the masking requirements for vaccinated persons (see yesterday’s alert), the Oregon Occupational Safety and Health Administration (OR-OSHA) today released its own stat...
  By Heather J. Van Meter
  

• Oregon Health Authority Issues Revised Masks Guidance Statewide, Adjusted for Vaccinated People

  May 18, 2021Today, the Oregon Health Authority issued its revised guidance for the use of face masks, face coverings, or face shields (“masking requirement”) in light of the U.S. Centers for Disease Control’s revised guidance allowing vaccin...
  By Heather J. Van Meter
  

• Washington State’s New Long-Term Care Payroll Tax Begins 1-1-2022: What You Need to Know

  May 10, 2021Washington state recently passed the Long-Term Care Act, creating a new employee payroll tax of 0.58% on employee income. SB 1323 was signed into law late last month, and it amends RCW 50B.04 to create the country’s first state-run long-term...
  By Heather J. Van Meter
  

• Oregon Court of Appeals Holds Anyone Can Be Liable for “Aiding and Abetting” Unlawful Employment Practices

  May 6, 2021 The Oregon Court of Appeals held on May 5, 2021, that anyone could be sued and held liable for “aiding and abetting” unlawful employment practices, not just employers or employees, as the federal court in Oregon had consistently prev...
  By Heather J. Van Meter
  

• OR-OSHA Issues New Permanent Rules for All Oregon Workplaces During COVID-19

  May 5, 2021Oregon’s Occupational Safety and Health Division (OR-OSHA) issued its much-anticipated permanent rules for addressing COVID-19 at all workplaces in Oregon. Oregon Administrative Rule 437-001-0744 became effective on May 4, 2021.  The...
  By Heather J. Van Meter
  

• EEO-1 Required Data Collection Now Open (through July 19, 2021)

  April 27, 2021On April 26, 2021, the Equal Employment Opportunity Commission (EEOC) issued a bulletin announcing that required EEO-1 component data collection for 2019 and 2020 is now open for reporting. The EEOC suspended EEO-1 data collection for 2019 due to ...
  By Jessica D. Osborne
  

• [Don’t] Keep the Change: NLRB Declines to Modify its “Contract Bar” Rule 

  April 22, 2021 After receiving requested briefs from employer advocates, unions, lawmakers, and public input, the National Labor Relations Board (“NLRB”) declined to modify its “contract bar” rule in a decision released on Wednesday, Ap...
  By Paige Alli & Dennis E. Westlind
  

• American Rescue Plan Act Mandates COBRA Subsidies Through September 2021 for COBRA Qualifying Beneficiaries Who Lose Coverage Due to Involuntary Termination or Reduction in Hours

  April 6, 2021The sweeping legislation under the American Rescue Plan Act (“ARPA”), passed by Congress and signed by President Biden in March, included a small but significant set of provisions requiring employers to subsidize COBRA continuation cov...
  By Kara Backus
  

• CDC Issues New Guidance for K-12 Schools' Re-Opening to In-Person Instruction

  February 17, 2021The U.S. Centers for Disease Control and Prevention (CDC) issued its long-awaited revised guidance for re-opening K-12 schools for in-person instruction. This comprehensive 38-page guidance comes as K-12 schools have begun planning for or hav...
  By John M. Stellwagen & Heather J. Van Meter
  

• A Proactive Look at the PRO Act

  February 9, 2021With the Democratic Party now holding a narrow majority in the Senate, the Protecting the Right to Organize Act (“PRO Act”) has newfound life nearly a year after dying upon passage by the House majority on February 10, 2020. The PRO Ac...
  By Jessica D. Osborne & Dennis E. Westlind
  

• COVID and Employers: U.S. OSHA Releases New Guidance for Maintaining “Safe Workplaces”

  February 4, 2021On January 20, 2021, the United States Occupational Safety and Health Administration (U.S. OSHA) issued new guidance on how employers can maintain safe and healthy workplaces to protect employees from COVID-19, including a comprehensive list of pr...
  By Heather J. Van Meter
  

• Heads (and Policies) Roll at the NLRB

  February 3, 2021In case you missed it, one of President Biden’s first official acts on Inauguration Day was to remove National Labor Relations Board (“NLRB” or "Board") General Counsel Peter Robb. The General Counsel role has...
  By Dennis E. Westlind
  

• New Administration, New Day: President Biden Continues Changes in Labor and Employment World

  February 2, 2021As we reach the end of Week 2 of the new administration, it is already apparent that there will be significant impacts in the area of employment law. Here is a summary of some of the key actions that will change the labor and employment landscape ...
  By Jessica D. Osborne & Liani J. Reeves
  

• Second Day Sees Focus on COVID-19 Response: Employers Get Ready

  January 22, 2021On Day 2, President Biden continued to prioritize the coordination of a federal response to the COVID-19 pandemic, issuing a number of executive actions that include directing federal agencies to provide additional guidance on opening schools and ...
  By Jessica D. Osborne & Liani J. Reeves
  

• President Biden Signs Multiple Executive Orders Relating to Federal Workplaces on Day One

  January 21, 2021As expected, the Biden Administration hit the ground running yesterday, including firing the Trump-appointed general counsel for the National Labor Relations Board and signing 17 Executive Actions. This Alert covers several of those actions that c...
  By Jessica D. Osborne
  

• Federal Contractors and Recipients of Federal Grants Granted Relief from President’s Executive Order on Diversity and Inclusion Training

  December 23, 2020In our Bullard Alert issued on October 19, 2020, we outlined President Trump’s Executive Order on  September 22, 2020 (“EO”) titled “Combating Race and Sex Stereotyping,” which sought to put an end to certain typ...
  By Benjamin P. O'Glasser & Liani J. Reeves
  

• Oregon Legislature Enacts New Protections for Schools and Whistleblowers Due to COVID-19

  December 22, 2020In the State’s third Special Session held on December 21, 2020, the Oregon Legislature passed House Bill (“HB”) 4402, which enacted additional protections for schools related to the COVID-19 pandemic. It also has implications for...
  By Liani J. Reeves
  

• Employers and COVID-19 Vaccines: Considerations for Making Them Mandatory

  December 17, 2020As we watch the first recipients of the COVID-19 vaccine receive their inoculations, employers are left wondering: can (and should) they implement mandatory COVID-19 vaccination programs for their employees?       &n...
  By Naomi D. Johnson & Liani J. Reeves
  

• Oregon OSHA Issues Model Policy Related to Workplace COVID-19 Exposure

  November 13, 2020This alert supplements Bullard’s prior alert relating to Oregon OSHA’s Temporary COVID-19 Rule, finalized on November 6, 2020, requiring most Oregon employers to take additional steps when there is potential workplace ex...
  By Jessica D. Osborne & Maryann Yelnosky
  

• Employer's Guide to Oregon OSHA (Final) Temporary COVID-19 Rule & OHA Statewide Mask, Face Covering, and Face Shield Guidance

  November 9, 2020Note: This alert was originally published on November 5, 2020. Thereafter on Friday, November 6, 2020, Oregon OSHA adopted the final version of the Temporary Oregon OSHA COVID-19 Rule, now codified as OAR 437-001-0744, and linked here: https:...
  By Kathryn M. Hindman
  

• President’s Executive Order on Diversity and Inclusion Training

  October 19, 2020This year, many companies have responded to nationwide protests, recognized the need for fluency in terms like “White Privilege” and “Black Lives Matter,” and expanded their diversity training initiatives.  Based on a ...
  By Benjamin P. O'Glasser & Liani J. Reeves
  

• Oregon Workplace Fairness Act Provisions Effective October 1, 2020

  September 28, 2020The Oregon Legislature’s response to the #MeToo Movement came in the form of sweeping legislation that passed during the 2019 legislative session. The Oregon Workplace Fairness Act (“the Act”) applies to all employers who have at...
  By Liani J. Reeves & Maryann Yelnosky
  

• DOL Clarifies Eligibility for School Closure Leave Under FFCRA

  August 28, 2020The US Department of Labor’s Wage and Hour Division updated its Family First Coronavirus Response Act (FFCRA) Questions and Answers on August 27, 2020, to provide guidance to parents with school-aged children in anticipation of the star...
  By Kathryn M. Hindman
  

• DOL Clarifies Obligation to Track Compensable Hours

  August 27, 2020In response to the COVID-19 pandemic, employees are working from home in unprecedented numbers. Remote work creates a number of challenges for employers, both practical and legal. On August 24, 2020, the U.S. Department of Labor issued guidan...
  By J. Kent Pearson, Jr.
  

• DOL Issues Remote Work Wage and Hour Guidance

  July 24, 2020This week, the U.S. Department of Labor (“DOL”) Wage and Hour Division (“WHD”) issued new Q&A guidance on Wage and Hour Rules and the Family and Medical Leave Act (“FMLA”), as well as an online resource for ...
  By Jessica D. Osborne
  

• NLRB Gives Employers Greater Leeway to Discipline Employees for Offensive Speech

  July 22, 2020Yesterday, the National Labor Relations Board (NLRB) issued its decision in General Motors, giving employers more latitude to issue discipline for employees’ racist, sexist, threatening, or other offensive speech in the context of strikes an...
  By Benjamin P. O'Glasser & Dennis E. Westlind
  

• U.S. Supreme Court Affirms Key Exceptions for Religious Employers

  July 9, 2020U.S. Supreme Court Affirms Key Exceptions for Religious Employers Yesterday the Supreme Court issued two decisions that carve out significant protections for religious organizations regarding employment discrimination claims and exceptions to the...
  By Kalia J. Walker
  

• Washington Changes To Overtime Exemptions Go Into Effect July 1, 2020

  July 1, 2020Changes to Washington State Department of Labor and Industry (L&I) rules relating to overtime exemptions took effect on July 1, 2020. The changes were announced in December and relate to when “white collar” employees receive the pr...
  By Jessica D. Osborne
  

• Back to Work: Common Questions and Answers for Summer 2020

  June 24, 2020As we all begin to return to the workplace, employers have many questions. Remember, being “open” does not mean that the pandemic has ended. Federal and state organizations like the Centers for Disease Control and Prevention (CDC) and ...
  By Kathryn M. Hindman
  

• NLRB Allows Employers to Discipline New Union Members

  June 24, 2020Employers may once again use their discretion to discipline employees represented by a newly certified union without first bargaining, the National Labor Relations Board ruled yesterday. The Board’s decision in 800 River Road Operating Co...
  By Dennis E. Westlind
  

• The U.S. Supreme Court Extends Protections for Homosexual & Transgender Employees Under Title VII

  June 15, 2020In a long awaited decision, the Supreme Court of the United States (“SCOTUS”) (voting 6-3) extended protections for homosexual and transgender employees under Title VII of the Civil Rights Act of 1964. The decision will have less impac...
  By Liani J. Reeves
  

• Scheduled Minimum Wage Increase Takes Effect July 1, 2020

  June 4, 2020In 2016, the Oregon Legislature passed Senate Bill 1532, which requires annual minimum wage increases. The next scheduled minimum wage increases take effect July 1, 2020.  It is anticipated that the minimum wage increases will take place as s...
  By Jason W. Douthit
  

• EEOC Adds Q&A on Reasonable Accommodation Upon Return to Work

  May 7, 2020On May 7, 2020, the EEOC once again updated its Technical Assistance overview “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and other EEO Laws” providing answers to three additional questions focused on reas...
  By Francis T. Barnwell & Maryann Yelnosky
  

• EEOC Approves Screening for COVID-19 Before Employees Return To Work

  April 27, 2020Preparing us for the inevitable return from this pandemic, the EEOC asks and answers one new question in its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO laws” Technical Assistance:   &...
  By Kathryn M. Hindman
  

• More DOL Guidance on FFCRA Leave

  April 22, 2020The US Department of Labor's fifth set of FAQs under the emergency paid leave provisions of the Families First Coronavirus Response Act (FFCRA), provides examples of how to compute time and pay for employees with irregular hours, how to calcul...
  By Kathryn M. Hindman
  

• EEOC Updates COVID-19 ADA Guidance

  April 20, 2020On April 17, 2020, the EEOC updated its COVID-19 Technical Assistance Questions and Answers in its “What You Should Know About COVID-19, the Rehabilitation Act and other EEO Laws" publication. Expanding on its March 17 and April 9, 2020...
  By Kathryn M. Hindman
  

• EEOC Updated COVID-19 Related Q&As & New CDC Interim Guidance

  April 10, 2020On April 9, 2020, the EEOC published a collection of Technical Assistance Questions and Answers, and republished all of the current EEOC materials compiled for COVID-19. In its “What you should know about COVID-19 and the ADA, the Rehabilita...
  By Kathryn M. Hindman
  

• DOL Issues Temporary Regulations and Fourth Set of Guidance on FFCRA

  April 7, 2020On April 1, 2020, the United States Department of Labor (DOL) issued temporary regulations clarifying employers’ obligations under the Family First Coronavirus Response Act (FFCRA). Two days later on April 3, 2020, the DOL added to its exten...
  By Francis T. Barnwell, Kathryn M. Hindman & Maryann Yelnosky
  

• To Bargain or Not to Bargain: Employer’s Duty to Bargain During the COVID-19 Crisis

  April 2, 2020If you have a union-represented workforce, you already know that you may have a duty to bargain over changes to the terms and conditions of employment. But as you respond to the COVID-19 public emergency, you’re making critical decisions in ...
  By Dennis E. Westlind & Jessica E. Wilcox
  

• Coronavirus Puts Additional Pressure on Taft-Hartley Pension Trusts and Participating Employers

  April 1, 2020Forty years ago, contributions to Taft-Hartley pension trusts were booming as active union membership soared and generous pension benefits were commonplace.  Over the years since then, however, the numbers of employed union members has shrunk...
  By Jason W. Douthit
  

• Key Employment Law Impacts of the Enacted Coronavirus Aid, Relief, and Economic Security Act

  April 1, 2020On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (“CARES”).  The law continues a series of state and federal laws and regulations that are designed to lessen the impacts of ...
  By Jason W. Douthit, Benjamin P. O'Glasser & Jessica D. Osborne
  

• BOLI Creates Emergency Exception to Maximum Working Hours in Certain Manufacturing Establishments

  March 30, 2020(UPDATE April 2, 2020): Following Bullard Law’s alert on this topic, BOLI published a Frequently Asked Questions webpage on this emergency rule, available here. This page includes a link to an electronic interface for submitting the req...
  By Benjamin P. O'Glasser & Maryann Yelnosky
  

• DOL Continues to Answer Key FFCRA Questions For Employers

  March 30, 2020Expanding its initial guidance on employer obligations under the emergency paid leave provisions of the Families First Coronavirus Response Act (FFCRA or “Act”), the U.S. Department of Labor has issued additional FAQs that further expl...
  By Francis T. Barnwell & Kathryn M. Hindman
  

• U.S. DOL Issues First Official Guidance on Families First Coronavirus Response Act

  March 26, 2020On March 24, 2020, the U.S. Department of Labor (DOL) issued its first official guidance for employers and workers about the emergency paid-leave provisions of the Families First Coronavirus Response Act, which was signed into law on March 18, 202...
  By Kathryn M. Hindman & Naomi D. Johnson
  

• Gov. Brown Issues Executive Order "Stay Home, Save Lives"

  March 23, 2020On March 23, 2020, Governor Kate Brown issued Executive Order 20-12 requiring increased restrictions for Oregonians, and requiring the immediate closure for a large swath of Oregon businesses (“Order”).  The Order represents Orego...
  By Benjamin P. O'Glasser & Jessica D. Osborne
  

• Inspection of I-9 Forms During COVID-19

  March 23, 2020U.S. Department of Homeland Security Temporarily Defers In-Person Inspection of Form I-9 Identity and Employment Authorization Documents for Employers and Workplaces that are Operating Completely Remotely The U.S. Department of Homeland Securit...
  By Naomi D. Johnson & J. Kent Pearson, Jr.
  

• Oregon Employment Department Issues Temporary Rule in Response to COVID-19

  March 23, 2020On Wednesday, the Oregon Employment Department (OED) issued a temporary rule related to Unemployment Insurance (UI) benefits in light of various actions by employers and employees in response to COVID-19 and the Governor’s declaration of a s...
  By Kara Backus & Liani J. Reeves
  

• BOLI Issues Two Temporary Orders to Support Employers In Response To COVID-19

  March 20, 2020In an effort to provide additional support to Oregonians during the COVID-19 pandemic response, the Oregon Bureau of Labor and Industries (BOLI) issued two temporary administrative orders (“Order”) that will have immediate impact on mo...
  By Kathryn M. Hindman & Jessica D. Osborne
  

• Families First Coronavirus Response Act Summary for Employers

  March 19, 2020At a time when Oregon and Washington employers are bracing themselves for the evolving dynamics of COVID-19, on March 18, 2020, the President signed legislation meant to combat the economic impact of the coronavirus epidemic. Known as the Families...
  By Kathryn M. Hindman
  

• COVID-19 and Employee Benefits

  March 17, 2020COVID-19 was not even a term until a few months ago.  Now it is impacting every facet of our lives.  Bullard Law is receiving myriad questions related to COVID-19 and every aspect of the employer/employee relationship including employee ...
  By Jason W. Douthit
  

• Employers Should Stock Up on COVID-19 Response Tools

  March 6, 2020While there are many unknowns associated with the COVID-19 virus, employers should be using this time to take proactive steps to determine how they are going to respond.
  By Kathryn M. Hindman & Liani J. Reeves
  

• NLRB Passes Final Rule on Joint Employer Status

  February 26, 2020Today, the National Labor Relations Board (NLRB) issued its final rule that will guide those covered by the National Labor Relations Act (NLRA) in determining whether a business is a “joint employer” of employees directly employed by a...
  By Jessica E. Wilcox
  

• Reminder: These Oregon Laws in Effect January 1

  January 3, 20202020 is here, which means now is a great time to remind our readers of the Oregon employment-related laws passed during the 2019 legislative session that take effect in the new year. Employer Accommodation for Pregnancy-Related Conditions Ef...
  By Jessica D. Osborne
  

• SECURE Act Offers Numerous Changes Intended to Enhance Retirement Plan Savings

  December 26, 2019On Friday, December 20, President Trump signed into law the end-of-year appropriations (spending) bill that includes the much lauded, bipartisan-supported SECURE Act of 2019.  In case you are wondering, SECURE is an acronym that stands for&nb...
  By Jason W. Douthit
  

• DOL's Final OT Rule Sets FLSA Exemption Threshold at $35K

  October 9, 2019The Department of Labor ( DOL) recently finalized changes to its overtime exemption thresholds for salaried employees, including an increase in the annual salary cut-off from $23,660 to $35,568. The changes are expected to take effect on January 1...
  By Jessica D. Osborne
  

• 2019 Oregon Legislative Update

  August 28, 20192019 Oregon Legislative Update After a dramatic and contentious session, the Oregon Legislature adjourned on June 30, 2019, the last possible day the Legislature could remain in session before the Oregon Constitution would have shut it down autom...
  By Jessica D. Osborne & Kalia J. Walker
  

• Oregon Legislature Updates Equal Pay Act; Additional Changes to Administrative Rules Appear Likely

  August 7, 2019Oregon has passed a new bill, Senate Bill 123, making several changes to the Oregon Equal Pay Act (OEPA) that will aid employers’—and particularly employers with unionized workforces—compliance efforts.  The changes create a...
  By Benjamin P. O'Glasser
  

• Oregon Paid Family Medical Leave

  July 16, 2019Surrounded by California’s and Washington’s paid family medical leave laws, we knew it was possible.  Soon it will be a reality.  The Oregon legislature recently passed an extremely generous paid Family and Medical leave law ...
  By Kathryn M. Hindman
  

• Oregon Workplace Fairness Act Sails Through to Law

  June 21, 2019As the Oregon Legislature has been publicly forced to respond to allegations of workplace sexual harassment occurring in its own halls, Senate Bill 726, also known as the Oregon Workplace Fairness Act, passed through both chambers without much res...
  By Liani J. Reeves
  

• Oregon State Legislature Makes Sweeping Changes for Public Sector Unionized Employers

  June 20, 2019Oregon lawmakers pass Janus fix and codify numerous union and employee rights into law.
  By J. Chris Duckworth & Jessica E. Wilcox
  

• New Oregon Legislation Intended to Ease Employer Costs Due to PERS’s Unfunded Liability

  June 19, 2019On May 30, 2019, the Oregon Senate and House passed Senate Bill 1049, the most recent legislative attempt at significant PERS reform.  Governor Kate Brown signed the bill into law on June 11, 2019.  The main thrust of SB 1049 will be to ...
  By Jason W. Douthit
  

• EEOC to Require Employers to Submit Both 2017 and 2018 Compensation Data by September 30, 2019

  May 6, 2019We recently reported that following protracted legal battles, the EEOC confirmed that Component 1 race, gender and ethnicity data for calendar 2018 must be filed no later than May 31, 2019 using the currently available portal, and Component 2 pay ...
  By Mitchell J. Cogen
  

• EEOC Releases Latest EEO-1 Filing Instructions

  April 30, 2019EEO-1 Update Summary As ordered by the U.S. District Court for the District of Columbia, the EEOC yesterday confirmed on its website that Component 2 pay data for calendar year 2018 must be filed by Sept. 30, 2019.  The agency expects their ...
  By Mitchell J. Cogen
  

• Some New Guidance on EEO-1 Reports But Questions Remain

  April 26, 2019We recently addressed a challenging situation that faced employers required to file EEO-1 forms. This includes both private employers with 100 or more employees and federal contractors and first-tier subcontractors with both 50 or more employees a...
  By Mitchell J. Cogen
  

• SCOTUS to Decide Whether Title VII Protections Extend to Gay and Transgender Employees

  April 24, 2019This week, the U.S. Supreme Court announced its intent to decide whether gay and transgender employees can assert claims against employers for alleged discrimination on the basis of “sex.” The Court has agreed to hear Bostock v. Clayto...
  By Naomi D. Johnson & Benjamin P. O'Glasser
  

• DOL Proposes New Rules Regarding the Overtime "Regular Rate"

  April 3, 2019The federal Fair Labor Standards Act (FLSA) generally requires subject employers to pay non-exempt employees overtime at a rate not less than one and one-half times the employees’ “regular rate” of pay for hours worked in excess ...
  By J. Kent Pearson, Jr.
  

• EEO-1 Reports in Limbo: Awaiting EEOC Filing Guidance

  March 26, 2019It’s the time of year when EEO-1 filers are preparing to file their EEO-1 reports. Private employers with 100 or more employees and federal contractors and first-tier subcontractors with both 50 or more employees and federal contracts o...
  By Mitchell J. Cogen
  

• US DOL Proposes New Overtime Rule

  March 8, 2019Rule would raise salary threshold for overtime exemption to $35,308 per year
  By J. Chris Duckworth
  

• Equal Pay Act Action by SCOTUS

  February 25, 2019Judge Stephen Reinhart served as a judge on the Ninth Circuit Court of Appeals for 37 years.  When asked about the prospect of the Supreme Court overturning his decisions, Judge Reihnart famously commented “They can’t catch &rsquo...
  By Benjamin P. O'Glasser
  

• Washington Planning to Increase Exempt Status Salary and Revise Other White Collar Exemptions

  February 7, 2019Many may recall that in 2016, the Obama administration’s Department of Labor issued new rules proposing a significant increase in the minimum salary required to qualify for a white-collar exemption. While President Trump’s election hal...
  By Kalia J. Walker
  

• Family Savings Act Includes Many Positive Changes for Retirement Plans

  January 10, 2019In September, the Republican-controlled House of Representatives passed three bills collectively called Tax Reform 2.0 (referring to a sequel to the Tax Cuts & Jobs Act which was signed into law in late 2017).  One of the bills, HR 6757 (...
  By Jason W. Douthit
  

• Minimum Wage Update

  December 20, 2018Washington: Effective January 1, 2019, the minimum wage rate in Washington will increase to $12.00 per hour.  Employers can pay workers under 16 years old 85 percent of the minimum wage ($10.20 per hour in 2019). The Washington State ...
  By Jason W. Douthit
  

• Oregon’s Bureau of Labor and Industries Publishes Final Rules in advance of the Oregon Equal Pay Act’s January 1, 2019 Effective Date

  December 18, 2018We previously have written about Oregon’s Equal Pay Act here.  The Oregon Bureau of Labor and Industries (BOLI) has issued final rules regarding implementation of the state’s new Equal Pay Act, the majority of which becomes eff...
  By Benjamin P. O'Glasser
  

• Employer Liability for Employee Cell Phone Use Behind The Wheel

  October 4, 2018The individual risks and potential liability associated with behind-the-wheel cell phone use are well known. What may be lesser known is the extent to which an employer can be held liable for a cell phone-related accident involving one of its empl...
  By Naomi D. Johnson
  

• Employers with 50-Plus Full-Time Employees Should be Prepared to Respond to IRS Penalty Notices under ACA

  September 27, 2018Late last year, the IRS began enforcing the employer mandate under the Affordable Care Act (the “ACA”) by sending letters to large employers containing proposed Employer Shared Responsibility Payments (“ESRPs”).  The E...
  By Kara Backus
  

• NLRB Expands Weingarten Rights

  July 17, 2018A recent decision from a three-member panel of the NLRB appears to depart from over 40 years of precedent regarding an employee’s right to union representation during an investigatory interview. Last month, in Circus Circus Casinos, Inc., 36...
  By Trevor R. Caldwell & Daniel L. Rowan
  

• ​Minimum Wage Increase

  July 2, 2018In March 2016, the Oregon Legislature enacted Senate Bill 1532 (codified in ORS 653.025) which provides for a geographically-tiered minimum wage increase over six years. The first increase went into effect July 1, 2016; annual scheduled minimum wa...
  By Liani J. Reeves
  

• Supreme Court Declares Public Sector Fair Share Fees Unconstitutional

  June 27, 2018In one of the most significant labor cases in decades, the U.S. Supreme Court ruled this morning that requiring public sector employees to pay “fair share” or “agency” fees to a union as a condition of employment violates t...
  By Trevor R. Caldwell, J. Chris Duckworth & Daniel L. Rowan
  

• BOLI Issues Final Administrative Rules on Predictive Scheduling

  June 19, 2018Oregon’s predictive scheduling law goes into effect on July 1, 2018.  We previously wrote about Oregon’s predictive scheduling law in August 2017.    In advance of the law’s effective date, BOLI has issued final ...
  By Benjamin P. O'Glasser
  

• NLRB General Counsel Issues Guidance on Handbook Rules

  June 11, 2018A memorandum released this week by National Labor Relations Board (NLRB) General Counsel Peter Robb provides guidance to NLRB Regional Offices on how they should interpret disputed employer workplace rules in light of the Board’s recent deci...
  By Mitchell J. Cogen
  

• Supreme Court Says Class Action Waivers in Arbitration Agreements are Enforceable

  May 23, 2018The U.S. Supreme Court ruled on Monday that class action waivers in arbitration agreements do not violate the National Labor Relations Act (NLRA) and are enforceable under the Federal Arbitration Act (FAA).  The Court’s 5-to-4...
  By David J. Riewald
  

• Ninth Circuit: salary history is no longer a valid defense to Equal Pay Act claims

  April 19, 2018By Benjamin P. O'Glasser & Kalia J. Walker  The Ninth Circuit has issued a significant decision regarding the federal Equal Pay Act (“EPA”) that should prompt employers to reassess their compensation policies. In Rizo v...
  

• SB 1566: Reducing Oregon PERS Liabilities with the Employer Incentive Fund

  April 16, 2018The Oregon Legislature and Governor Kate Brown are banking on increased state income tax revenues (due to recent changes in the Internal Revenue Code) to incentivize PERS participating public employers to contribute to PERS. Under SB 1566, signed ...
  By Jason W. Douthit
  

• Proposed Regulations Intended to Reduce Employer Healthcare Costs

  April 12, 2018The Department of Labor (DOL) recently proposed a new regulation that could make Multiple Employer Welfare Arrangements (MEWAs) an attractive option for reducing employer costs and time spent on providing health insurance for employees. A MEWA is ...
  By Jason W. Douthit
  

• Reminder of Upcoming Deadlines

  February 28, 2018As a reminder, the following deadlines are fast approaching:   Washington State Paid Sick Leave Notices due March 1, 2018. Washington’s paid sick leave law went into effect January 1, 2018. Current employees employed before January...
  By Liani J. Reeves
  

• Tax Cuts & Jobs Act Impacts Employee Benefits and Executive Compensation

  February 16, 2018By now, you have probably heard about the recent changes to tax rates for individuals and businesses, the personal exemption, and the cap on deductions for state, local and property taxes.  The Tax Cuts and Jobs Act of 2017 (the Act) changed ...
  By Jason W. Douthit
  

• U.S. Department of Labor Changes Course on Interns

  January 9, 2018In 2011, we alerted employers to the issue of unpaid interns bringing claims and lawsuits for unpaid wages, alleging that they qualified as employees entitled to the minimum wage and overtime protections of the Fair Labor Standards Act (FLSA) and ...
  By J. Kent Pearson, Jr.
  

• New Timeframes for Responding to Public Records Requests

  December 29, 2017During the 2017 legislative session, the Oregon Legislature passed Senate Bill 481 which amends the current public records process and timelines.  Prior law required completion of the records request “as soon as practicable without unre...
  By Benjamin P. O'Glasser & Erica Shaffer
  

• NLRB Returns Joint Employer Test to Pre-Browning-Ferris Standard

  December 19, 2017On December 14, 2017, the National Labor Relations Board overruled its 2015 decision in Browning-Ferris Industries. The Board held in Browning-Ferris Industries that two entities can be deemed a joint employer even if one does not have direct cont...
  By Mitchell J. Cogen & Lindsey M. Tran
  

• NLRB Sets New Standard Governing Workplace Policies

  December 19, 2017On December 14, 2017, in a 3-2 decision involving The Boeing Company, the National Labor Relations Board (the Board) overruled Lutheran Heritage Village-Livonia, which set the Board’s previous standard governing whether facially neutral...
  By J. Chris Duckworth
  

• NLRB Overrules Specialty Healthcare, Restores Traditional Community of Interest Test When Considering Micro Units

  December 19, 2017In a decision issued late Friday afternoon (PCC Structurals, Case No. 19-RC-202188), the National Labor Relations Board overruled a 2011 decision regarding how the Board will determine whether a group of employees is an appropriate unit for purpos...
  By Daniel L. Rowan
  

• U.S. House of Representatives Passes Bill Limiting Definition of Joint Employer

  November 9, 2017New bill would roll back Obama-era expansion of joint employment standard On Tuesday, November 7, 2017, the United States House of Representatives passed legislation to limit the definition of “joint employer.”  The bill, entit...
  By J. Chris Duckworth
  

• Second Look: Supreme Court to Revisit Constitutionality of Mandatory Public Sector Union Fees

  October 3, 2017 On September 28th, the U.S. Supreme Court announced that it will once again consider the issue of whether unions can force non-member public employees to pay union “agency fees” or “fair share fees.”  The Court prev...
  By Lindsey M. Tran
  

• Employers can no longer seek salary history information beginning October 6

  October 2, 2017Bullard Law has previously written about the Oregon Equal Pay Act of 2017 which was passed by the 2017 Legislature and signed into law by the Governor on June 1st. While most of the provisions of the new law do not go into effect until 2019 or eve...
  By Liani J. Reeves
  

• DOL Salary Threshold Increase Appears Dead – For Now

  September 12, 2017As has been reported in earlier Bullard alerts, in 2016, the U.S. Department of Labor (DOL) finalized regulations increasing the salary threshold for exempt employees from $23,660 annually to $47,476. However, prior to the effective date of the re...
  By J. Kent Pearson, Jr.
  

• EEO-1 Pay Data Report – Reporting of Pay Data a No-Go

  August 30, 2017Bullard Law has previously reported on the EEOC’s 2016 changes to the reporting requirements for collection of demographic information on race, gender, and ethnicity, by job category, to also include pay data and hours worked for employees g...
  By Liani J. Reeves
  

• Governor Signs Oregon’s “Predictive Scheduling” Law

  August 8, 2017Today, Governor Brown signed into law Senate Bill 828, which provides that large employers in the retail, hospitality, and food services industries must pay additional compensation to employees for certain scheduling changes.  The law also pe...
  By Benjamin P. O'Glasser
  

• OSHA Injury Tracking Application Now Up and Running

  August 1, 2017As Bullard has previously reported, the Occupational Safety and Health Administration (OSHA) promulgated new rules effective January 1, 2017, which required additional reporting of injuries and illnesses by employers with 250 or more employees or ...
  By Liani J. Reeves
  

• Changes to Overtime Rule Appear Inevitable

  July 31, 2017Last week, the U.S. Department of Labor (DOL) published an official request for information (RFI), seeking input on alternatives to the 2016 overtime rule proposed by the former administration. The 2016 overtime rule increased the salary levels...
  By Liani J. Reeves
  

• New I-9 Form Takes Effect September 18, 2017

  July 18, 2017On July 17, 2017, U.S. Citizens and Immigration Services (USCIS) published a revised Form I-9, the form used to verify employee identity and authorization to work in the United States.  Employers may download the new form here:  Form I-9...
  By J. Kent Pearson, Jr.
  

• Overtime Rule Salary Threshold is Dead But Issue is Not

  July 6, 2017Last year, the Department of Labor (DOL) under the Obama administration promulgated a rule that increased the salary threshold a worker must make to qualify as exempt from overtime from $455/week to $913/week ($47,476 per year). Businesses and sta...
  By Liani J. Reeves
  

• Second Minimum Wage Increase for Oregon Employees Went Into Effect 1st of July

  July 5, 2017In March 2016, Oregon enacted a geographically-tiered minimum wage hike. (Read former Bullard Alert here). The first increase went into effect last year. The second increase went into effect on July 1, 2017...
  By Megan J. Crowhurst
  

• Supreme Court Confirms Pension and Benefit Plans Maintained by Church Affiliates May Be Exempt from ERISA

  June 16, 2017In an 8-0 decision last week, the U.S. Supreme Court held that the exemption under the Employee Retirement Income Security Act (“ERISA”) for church-sponsored employee benefit plans extends to plans maintained by entities that are...
  By Kara Backus & Thomas I. Kramer
  

• ​Update: What’s Happening to 2016 Rules and Regulations with the New Administration?

  June 12, 2017Before the change in administration, employers were preparing for a number of new rules and requirements put in place by various federal agencies. What happened to them?
  By Liani J. Reeves
  

• Oregon Equal Pay Act Signed Into Law

  June 5, 2017As an update, as anticipated, last week the Governor signed House Bill 2005, the Oregon Equal Pay Act of 2017...
  By Liani J. Reeves
  

• ​Legislature Passes Oregon Equal Pay Act of 2017

  May 25, 2017The first significant employment bill of the 2017 Legislative session has been passed by both chambers of the Oregon Legislature and is headed to the Governor who has publicly announced that she will sign the bill into law. House Bill 2005 (2017),...
  By Liani J. Reeves
  

• Qualified Small Employer Health Reimbursement Arrangements – Maybe Better Than We Thought

  May 4, 2017In December 2016, Congress passed and President Obama signed the 21st Century Cures Act, which created qualified small employer health reimbursement arrangements (QSEHRAs). This Alert reviews how QSEHRAs may be used, in light of different ...
  By Kara Backus & Thomas I. Kramer
  

• Seventh Circuit Court of Appeals is First to Extend Title VII's Prohibition Against Sex Discrimination to Include Sexual Orientation

  April 5, 2017Here in the Pacific Northwest, it is easy to miss that there has been a long brewing debate on whether discrimination in employment based on sexual orientation is unlawful. Oregon has specifically included sexual orientation ...
  By Randi J. Ensley
  

• Court Rejects BOLI's Position In Manufacturing Overtime Dispute

  March 16, 2017With certain exceptions, including supervisors and employees working in non-production areas, ORS § 652.020 provides that Oregon employees working in mills, factories, and manufacturing establishments are entitled to daily overtime at time an...
  By J. Kent Pearson, Jr.
  

• Oregon Legislature Considers “Predictive Scheduling” Law

  February 24, 2017Employers in Oregon could be required to pay employees for up to four hours of unworked time if an employee’s shift is cancelled or shortened.  Additionally, some large employers may be required to engage in an “interactive proces...
  By Benjamin P. O'Glasser
  

• New Form I-9 Required After 01/21/17

  January 13, 2017In November, 2016, U.S. Citizens and Immigration Services (USCIS) issued a revised Form I-9, the form used to verify employee identity and authorization to work in the United States.
  By J. Kent Pearson, Jr.
  

• 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
  

• Portland to Implement Ban the Box

  December 14, 2015Portland has jumped to forefront of the national “ban the box” trend and has adopted a new ordinance that restricts many employers from screening applicants based on their criminal history before making a conditional job offer...
  By Benjamin P. O'Glasser
  

• That's A Wrap - Key Employment Bills Passed During Oregon's 2015 Legislative Session

  July 9, 2015The 2015 Oregon Legislative Session is finally over. Before adjourning on the evening of July 6, 2015, legislators passed a number of key employment bills that have now been signed into law by Governor Brown. The new laws going into effect...
  By Kara Backus, J. Chris Duckworth, Randi J. Ensley, Benjamin P. O'Glasser & Daniel L. Rowan
  

• Supreme Court Rejects "Calamitous Result," Agrees With Obama Administration On Subsidies In Federally-Run State Exchanges

  June 26, 2015BENEFITS NOTEBOOK: Yesterday, the U.S. Supreme Court upheld a key provision of the Affordable Care Act, ruling that eligible individuals may receive federal subsidies through a state’s health insurance exchange even if the exchange is run by the...
  By Kara Backus
  

• Supreme Court Sides With EEOC In “Hijab” Religious Discrimination Case

  June 4, 2015SUPREME COURT NOTEBOOK: On June 1, 2015 the United States Supreme Court held that an employer engages in unlawful religious discrimination in violation of Title VII where the employer’s belief that it may need to accommodate an applicant’s...
  By Michael G. McClory
  

• Preparing for the Ambush: Getting Ready for the New NLRB Election Rules

  March 20, 2015With the April 14, 2015 effective date fast approaching, we thought employers could use this reminder about the National Labor Relations Board’s new election rules and an update on the challenges to those rules. We will also look at the key changes...
  By Daniel L. Rowan
  

• NLRB's Purple Presumption Leaves Employers Black and Blue by Giving Employees the Right to Use Email for Section 7 Communications

  December 23, 2014Two weeks ago, the National Labor Relations Board overruled its 2007 Register Guard decision and held that employees have a “statutory right to use their employer’s email systems for Section 7 purposes.” See Purple Communications, Inc. and...
  By Jennifer A. Sabovik
  

• Ninth Circuit Says Former Police Officer's ADHD is not a Disability Under ADA

  September 5, 2014A threshold question in connection Americans with Disabilities Act cases is whether an individual has a “disability”: no disability means no standing to sue for disability...
  By Randi J. Ensley
  

• NLRB's "Triple Play" Test for Social Media - When Employee Posts Lose the Act's Protection

  September 2, 2014On August 22, 2014, in Triple Play Sports Bar and Grille, a three member panel of the National Labor Relations Board (NLRB) held that employees who “like” a comment on a fellow employee’s Facebook page may be engaged in protected...
  By Jennifer A. Sabovik
  

• Not Lovin’ It – NLRB’S General Counsel Authorizes Charges Against McDonald's as Joint Employer with Franchisees

  August 6, 2014In a union-friendly determination that could significantly impact the franchise model, the National Labor Relations Board Office of the General Counsel issued an advice memorandum on July 29, 2014 allowing 43 complaints filed against both McDonald’s ...
  By J. Chris Duckworth
  

• The ACA’S Contraceptive Mandate and the Hobby Lobby Decision

  July 1, 2014On June 30, 2014, the United States Supreme Court partially struck down the Affordable Care Act’s contraceptive mandate. The case was Burwell v. Hobby Lobby Stores, Inc., decided by a 5-4 vote, with the majority opinion written by Justice Al...
  By Thomas I. Kramer
  

• Supreme Court Holds That First Amendment Free Speech Rights Apply to a Public Employee Who Provides Sworn Testimony Outside the Scope of His/Her Job

  June 20, 2014WORK-RELATED SPEECH UPDATE On June 19, 2014, in Lane v Franks, the United States Supreme Court unanimously held that the First Amendment protects a public employee who provides truthful sworn testimony, compelled by subpoena, outside the scope ...
  By Benjamin P. O'Glasser
  

• Union Unlawfully Recorded Bargaining Sessions Over Objections of Oregon Public Employer

  June 17, 2014PUBLIC SECTOR LABOR NOTEBOOK On June 16, 2014 the Oregon Employment Relations Board (ERB) held that the Washington County Dispatchers Association violated the duty to bargain in good faith when its bargaining team demanded to record collective ...
  By Daniel L. Rowan
  

• NLRB Considers Expanding Joint Employer Standard

  May 21, 2014Continuing to show its willingness to overturn established precedent, on May 12, 2014 the National Labor Relations Board (NLRB) issued a Notice And Invitation To File Briefs (Notice) inviting parties and amici to provide input on “substantial...
  By J. Chris Duckworth
  

• ALJ Finds Oregon Public Employer Violated Veterans' Preference Law by Failing to Grant a Preference to a Covered Veteran at Every State of the Hiring Process

  April 8, 2014VETERANS’ PREFERENCE UPDATE The Multnomah County Sheriff’s Office violated Oregon’s Veterans’ Preference law by failing to devise and implement an adequate method for giving “special consideration” to a cover...
  By Benjamin P. O'Glasser
  

• NLRB Chicago Region Holds that College Football Players are Employees Entitled to Collective Bargain

  March 28, 2014LABOR LAW UPDATE Scholarship athletes playing on the Northwestern University football team are employees within the definition of the National Labor Relations Act, according to Region 13 of the National Labor Relations Board in Chicago. The Reg...
  By Daniel L. Rowan
  

• Severance Pay, Employment Taxes and the Supreme Court

  March 25, 2014BENEFITS UPDATE: Employers sometimes provide severance pay to departing employees, whether as part of a severance pay plan or policy, an individual separation agreement or to settle a dispute between the employer and the departing employee. While the...
  By Thomas I. Kramer
  

• Health Care Reform - Many Modifications, Mostly Helpful

  February 24, 2014BENEFITS NOTEBOOK: Readers of our February 10, 2014 Alert know that the employer “play-or-pay” mandate, which last year was postponed until January 1, 2015, was further postponed for some employers. Those readers also know that the Internal Revenue...
  By Thomas I. Kramer
  

• Supreme Court Upholds CBA Provision that Time Spent Changing Clothes is Not Compensable Under the FLSA's Collective Bargaining Exception

  February 21, 2014LABOR LAW UPDATE: On January 27, 2014, a unanimous United States Supreme Court held that employers and unions may agree that time workers spend putting on and taking off clothing, including protective clothing, is unpaid without violating the Fair...
  By J. Chris Duckworth
  

• “Play-or-Pay” Mandate Delayed Again for Some Employers

  February 10, 2014BENEFITS NOTEBOOK: Readers of our July 3, 2013 Alert know that the employer “play-or-pay” mandate, which was originally scheduled to take effect January 1, 2014, was postponed until January 1, 2015. On February 10, 2014, the Internal Revenue...
  By Thomas I. Kramer
  

• EEOC Settles First Systemic Discrimination Case Filed Under the Genetic Information Act

  January 22, 2014GINA Update Last week the Equal Employment Opportunity Commission (EEOC) announced a settlement and consent decree in the first lawsuit filed by the agency alleging systemic discrimination in violation of Title II of the Genetic Information Nondi...
  By J. Chris Duckworth
  

• Future Journal: 2013 Workplace Issues that will Continue to be Significant Stories In 2014

  January 9, 2014Although 2013 is now in the rearview mirror, the shadow it casts looms large before us. Here are five stories from 2013 (Affordable Care Act, Portland Sick Time Ordinance, EEOC overstepping its bounds, bereavement leave under OFLA, and legalized m...
  By Michael G. McClory
  

• 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
  

• 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
  

• 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
  

• 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
  

• 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
  

• 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
  

• 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
  

• 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
  

• 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
  

• 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
  

• 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
  

• 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
  

• 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
  

• 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
  

• 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
  

• 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
  

• 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...
  

• NLRB Approves Two At-Will Employment Statements

  November 6, 2012LABOR UPDATE: During Bullard Law’s October 31, 2012 Annual Briefing, we addressed the confusing posture of the National Labor Relations Board with respect to at-will employment statements in employee handbooks. Our call out to the NLRB for...
  By Jennifer A. Sabovik
  

• Ninth Circuit Limits Recovery By Benefit Plans

  July 9, 2012BENEFITS NOTEBOOK: Employee benefit plans subject to the federal Employee Retirement Income Security Act may, from time to time, seek to recover funds from participants. For example, a health or disability plan (especially one that is self-insured)...
  By Randi J. Ensley & Thomas I. Kramer
  

• Supreme Court Upholds Affordable Care Act

  July 2, 2012BENEFITS UPDATE: On June 28, 2012 the United States Supreme Court rejected a Constitutional challenge to most of the Patient Protection and Affordable Care Act, as amended (the ACA), which Congress had enacted in 2010 to make significant changes...
  By Thomas I. Kramer
  

• D.C. District Court Blocks New NLRB "Quickie" Election Rule

  May 14, 2012LABOR LAW UPDATE: Finding inspiration from Woody Allen today, United States District Judge James E. Boasberg issued his decision in Chamber of Commerce of the United States of America and Coalition for a Democratic Workplace v. National Labor Relations...
  

• Effective Date For NLRB'S Notice Of Posting Rule Postponed Again

  April 17, 2012LABOR LAW UPDATE: The effective date for the National Labor Relations Board’s notice posting rule has been postponed again. Last time it was postponed by the Board itself and this time it is being postponed by the U.S. Court of Appeals for the...
  By Jennifer A. Sabovik
  

• Federal Court Strikes Part Of NLRB'S Notice Of Posting Rule

  March 9, 2012LABOR LAW UPDATE: On March 2, 2012, the United States District Court for the District of Columbia held that the National Labor Relations Board (“NLRB”) partially exceeded its statutory rulemaking authority when it issued a final rule...
  

• DOL Releases Updated FMLA Forms For Immediate Use

  March 6, 2012FMLA UPDATE: The United States Department of Labor has finally “updated” its model Family and Medical Leave Act certification and notification forms. The model FMLA certification and notification forms in place at the start of..
  By Kathryn M. Hindman
  

• President Obama Fills NLRB With Recess Appointments

  January 5, 2012NLRB UPDATE: On January 4, 2012 President Obama took advantage of a Congressional break to fill the National Labor Relations Board (NLRB) with recess appointments. Specifically, he announced three recess appointments...
  By Michael G. McClory
  

• 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
  

• 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
  

• Business Groups File Lawsuit Seeking To Block SB 519, Known As The Employer "Gag Law"

  December 28, 2009LABOR LAW UPDATE: On December 22, 2009, the U.S. Chamber of Commerce and Associated Oregon Industries filed a federal lawsuit seeking to block Oregon SB 519 from taking effect on January 1, 2010. As we reported in our July 24, 2009 Bullard...
  

• COBRA Premium Benefits Subsidy Extended

  December 22, 2009BENEFITS NOTEBOOK: On December 19, 2009 the Senate approved a provision in a military spending bill that would extend previously enacted health insurance continuation coverage premium subsidies...
  By Thomas I. Kramer
  

• The Employment Provisions Of "Genetic Information Nondiscrimination Act" Are Now In Effect

  November 23, 2009"GINA" UPDATE: The Genetic Information Nondiscrimination Act of 2008 (“GINA”), signed into law by President Bush on May 21, 2008, prohibits discrimination on the basis of genetic information with respect to health insurance (Title I) and...
  By Michael G. McClory
  

• Oregon Jury Finds That Employer Must Compensate Workers For Donning And Doffing

  October 15, 2009WAGE AND HOUR UPDATE: On October 1, 2009, a jury in Multnomah County Oregon Circuit Court found Del Monte Fresh Produce N.A. liable for failing to compensate workers at a local plant for the time workers spent donning and doffing their uniforms and...
  

• New Laws For 2010 Require Accommodation For Victims Of Domestic Violence, And Hands-Free Cell Phones While Driving

  September 25, 2009OREGON LEGISLATIVE UPDATE: The Oregon legislative session that ended in July resulted in a number of new laws that will affect Oregon employers beginning January 1, 2010. Chances are good that you have already heard about some of these new...
  

• Oregon Now Requires Military Family Leave

  July 28, 2009FAMILY LEAVE UPDATE: On June 25, 2009, the Oregon Military Family Leave Act (“OMFLA”) went into effect, requiring all public, private, and not-for-profit employers of 25 or more employees in Oregon to provide up to 14 days of unpaid leave...
  

• Organized Labor Pushes Its Legislative Agenda

  July 24, 2009LABOR LAW UPDATE: From statehouses to the United States Capitol, organized labor is pushing lawmakers to enact new laws designed to make it easier for unions to organize workers and more difficult for employers to respond to organizing efforts...
  By Jennifer A. Sabovik
  

• Stimulus Bill Revisited – Oregon Continuation Coverage

  April 30, 2009BENEFITS NOTEBOOK: Readers of our February 16 and April 6 eAlerts know that the federal stimulus bill, titled the American Recovery and Reinvestment Act of 2009 (and now known as ARRA), provides a subsidy for continuation coverage in...
  By Thomas I. Kramer
  

• Stimulus Bill Revisited - IRS And DOL Guidance

  April 6, 2009BENEFITS NOTEBOOK: Readers of our February 16, 2009 eAlert know that the stimulus bill, formally titled the American Recovery and Reinvestment Act of 2009 (now known as ARRA), provides a subsidy for continuation coverage in...
  By Thomas I. Kramer
  

• Ninth Circuit Rules San Francisco's "Pay Or Play" Ordinance Not Preempted By ERISA

  March 13, 2009BENEFITS NOTEBOOK: On September 30, 2008, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, which decides appeals from federal courts in the nine westernmost states, upheld a San Francisco ordinance that requires certain San Francisc
  By Thomas I. Kramer
  

• Employee Free Choice Act Introduced In Congress

  March 11, 2009LABOR LAW UPDATE: For weeks, Bullard Law has cautioned employers about a potential new federal law designed to facilitate union organizing. Yesterday, Sen. Tom Harkin (D-IA) and Rep. George Miller (D-CA) introduced...
  By Jacqueline M. Damm & J. Kent Pearson, Jr.
  

• Children's Health Insurance Bill Creates New Special Enrollment Rights Effective APRIL 1, 2009

  March 6, 2009BENEFITS NOTEBOOK: Last month, in the e-mail that transmitted our eAlert about the new continuation coverage rules in the American Recovery and Reinvestment Act, we noted that Congress had recently enacted...
  By Thomas I. Kramer
  

• Labor-Friendly Executive Orders Place New Obligations On Federal Contractors

  February 26, 2009LABOR LAW UPDATE: In his first few weeks in office, President Obama signed four Executive Orders related to labor policies and government contracting. Signaling a new direction in federal labor relations, each of these Executive Orders...
  

• Stimulus Bill Mandates COBRA Changes

  February 17, 2009BENEFITS NOTEBOOK: The stimulus bill, formally titled the American Recovery and Reinvestment Act of 2009, passed by the House and Senate last week and signed by President Obama today, includes two temporary but...
  By Thomas I. Kramer
  

• USCIS Delays New Form I-9 For 60 Days

  February 11, 2009FORM I-9 UPDATE: On February 3, 2009, U.S. Citizenship and Immigration Services (USCIS) announced that it has postponed for 60 days the use of a new Form I-9. The new form, which had been scheduled to be...
  By J. Kent Pearson, Jr.
  

• President Signs Ledbetter Fair Pay Act

  January 29, 2009WAGE AND HOUR UPDATE: On January 29, 2009, President Obama signed into law the Lilly Ledbetter Fair Pay Act of 2009. The Act changes the rules for calculating the statute of limitations for claims of discrimination in...
  

• Family Leave Update: New FMLA Regulations Go Into Effect Today – Bullard Family Leave Starter Kit Now Available

  January 16, 2009FAMILY LEAVE UPDATE: On November 17, 2008, the Department of Labor (DOL) issued long-awaited revised regulations interpreting the Family and Medical Leave Act (FMLA). The revised...
  By Kathryn M. Hindman
  

• New BOLI Rule Clarifies Meal And Rest Periods

  January 13, 2009WAGE AND HOUR UPDATE: On January 12, 2009 the Oregon Bureau of Labor and Industries (BOLI) issued a new rule of particular interest to employers and employees for whom a 30-minute meal period is either occasionally...
  

• ADA Amendments Act Will Redefine Disability

  October 23, 2008ADA Notebook
  

• EEO-1 Survey Filing Deadline Fast Approaching

  September 15, 2008AAP/EEO-1 NOTEBOOK: The deadline for filing the revised EEO-1 Survey is September 30, 2008 and is fast approaching. All private employers who are required to file...
  By Michael G. McClory
  

• The Reasonable Employee Strikes Again: NLRB Finds Employer Confidentiality And No-Loitering Policies Unlawful

  July 22, 2008NLRB NOTEBOOK: Does your Company have a policy that limits employees from disclosing information about their wages and benefits to people outside of the Company? How about a policy that prohibits employees from loitering...
  By Jennifer A. Sabovik
  

• BOLI Clarifies Meal And Rest Break Rules

  July 21, 2008WAGE AND HOUR UPDATE: OAR 839-020-0050(1) requires an employer to provide appropriate meal and rest periods during which the employee is relieved of all duties. Effective July 8, 2008, the Oregon Bureau of Labor and Industries...
  

• Oregon Supreme Court Gives Employers Smashing Victory: No Private Cause Of Action For Alleged Meal Or Rest Break Violations

  May 15, 2008WAGE AND HOUR UPDATE: For nearly a year employers have been wondering whether employees are really entitled to receive additional wages each time they are unable to take a required rest break. This question arose after the...
  

• Ninth Circuit Decision Limits "Suspicion-less" Drug Testing Of Applicants

  March 18, 2008PUBLIC SECTOR NOTEBOOK: On March 13, 2008, the Ninth Circuit Court of Appeals issued a decision limiting public employer drug testing. In Lanier v. City of Woodburn, the Ninth Circuit held that the City’s policy requiring all job...
  By Adam S. Collier
  

• Insurance Division Issues Bulletin 2008-2

  February 7, 2008DOMESTIC PARTNER BENEFITS: As regular readers of our eAlerts may recall, we addressed domestic partner benefits in May 2007, when Senate Bill 2 (SB 2) and House Bill 2007 (HB 2007) had just been signed by Governor Kulongoski, and...
  By Thomas I. Kramer
  

• FMLA Expanded For Military Families

  January 31, 2008FMLA NOTEBOOK: On January 29, 2008 President Bush signed the National Defense Authorization Act, which includes a provision amending the Family and Medical Leave Act for military families. Specifically, the amendments...
  

• BOLI Issues Final Rules Relating To Employee Leaves Of Absence And Rest Breaks For Nursing Mothers

  January 18, 2008REGULATORY NOTEBOOK: BOLI recently released its final administrative rules (“OAR” below) relating to employee leaves of absence and rest breaks for nursing mothers. Many of these new regulations will have a significant...