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SEC v. Jarkesy: Seventh Amendment Jury Trials, Seeking Civil Penalties, and Agency Administrative Actions

The U.S. Supreme Court’s decision in Securities and Exchange Commission v. Jarkesy, 144 S. Ct. 2117 (2024) held that when the SEC seeks civil penalties to punish and deter wrongful conduct, the Seventh Amendment entitles the...more

NLRB Overrules Longstanding Position on Captive Audience Meetings and Employer Statements During Unionizing Efforts

The National Labor Relations Board (the “Board”) issued two decisions in recent days that substantially deviate from its prior decisions in Babcock & Wilcox Co., 77 NLRB 577 (1948) and Tri-Cast, Inc., 274 NLRB 377 (1985)...more

NLRB GC Memo Circles Back on Noncompetes and “Stay-or-Pay” Provisions in Employment Agreements

On October 7, 2024, the National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued GC Memorandum 25-01: “Remedying the Harmful Effects of Non-Compete and “Stay-or-Pay” Provisions that Violate the National...more

SCOTUS Says NLRB Isn’t So Special—NLRB Requests for Preliminary Injunctions Subject to Traditional Standard

In a 9-0 opinion in Starbucks Corporation v. McKinney, 602 U.S. ____ (2024), the U.S. Supreme Court limited the National Labor Relations Board’s (NLRB) ability to readily obtain injunctions under §10(j) of the National Labor...more

[Webinar] Embracing Change: A Guide to Oregon's Evolving Leave Laws Landscape - May 29th, 9:00 am - 10:30 am PDT

Paid Leave Oregon (PLO) continues to shape the landscape of Oregon employment benefits since going into effect on September 3, 2023, and employers have faced ongoing challenges in navigating its complexities. In addition, the...more

Paid Leave Oregon Benefits Begin September 3; Employees Can Start Applying NOW!

As of today, there has been no announcement of any delay in rolling out Paid Leave Oregon (PLO) so it is currently anticipated that paid leave benefits will begin September 3, 2023, as originally planned. See our prior alert:...more

COVID Update: EEOC Revises Guidance on Workplace Screening

As summer winds to a close, students return to classrooms and campuses, and many workplaces have returned to in-person activities. Either in whole or in part, COVID-19 has perhaps begun to be less “front of mind” than it once...more

Preparing for Summer: Oregon OSHA and Washington L&I Adopt New Excessive Heat and Wildfire Smoke Rules

The Pacific Northwest experienced record high heat temperatures and poor air quality due to wildfires the past few summers. Last year, Oregon OSHA adopted temporary emergency rules following a historic heat wave to protect...more

Oregon Limits Settlement Agreement Terms Where Discrimination Alleged

Like Washington, Oregon now prohibits what used to be common terms in many employment dispute settlements. In particular, under a relatively new amendment to Oregon law, employers cannot insist that a nondisclosure,...more

OT for Ag(ricultural) Workers – Oregon, Washington, and California

Agricultural ("ag") workers on the West Coast must now be paid overtime. Oregon The Oregon legislature passed what some called the “most divisive” bill of the short 2022 legislative session, requiring agricultural farmworkers...more

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