On November 15, the Federal District Court for the Eastern District of Texas invalidated the Department of Labor’s final rule that increased the minimum salary for executive, administrative, and professional (EAP) exemption...more
12/2/2024
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Highly Compensated Employees ,
Labor Regulations ,
Minimum Salary ,
Over-Time ,
Salaried Employees ,
State and Local Government ,
Threshold Requirements ,
Wage and Hour
On January 9, 2024, the U.S. Department of Labor’s Wage and Hour Division announced a final rule that revises the DOL’s interpretation of worker classification (employees versus independent contractors) under the Fair Labor...more
1/17/2024
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employee Definition ,
Employer Liability Issues ,
Employment Tax ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Final Rules ,
Freelance Workers ,
Hiring & Firing ,
Independent Contractors ,
Labor Reform ,
Misclassification ,
Wage and Hour
On July 9, 2021, President Biden signed an Executive Order requesting that agencies, including the Federal Trade Commission (FTC), issue rules banning employers from entering non-compete agreements with employees. Following...more
1/9/2023
/ Biden Administration ,
Contract Terms ,
Employees ,
Employer Liability Issues ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Non-Compete Agreements ,
Popular ,
Proposed Regulation ,
Proposed Rules ,
Wage and Hour
On Thursday, November 14, 2019, the Oregon Court of Appeals released its decision in Maza v. Waterford Operations, LLC, 300 Or App 471 (2019), that clarified Oregon employers’ obligation to ensure that non-exempt employees...more
11/19/2019
/ Appeals ,
Class Action ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Human Resources Professionals ,
Non-Exempt Employees ,
Question of Fact ,
Question of Law ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour
Job descriptions are a crucial part of recruitment and hiring, and of performing an Equal Pay Act Analysis, classifying employees for purposes of the Fair Labor Standards Act, and developing reasonable accommodations under...more
10/1/2019
/ Americans with Disabilities Act (ADA) ,
Contract Drafting ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay Act ,
Essential Functions ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Hiring & Firing ,
Job Applicants ,
Job Descriptions ,
Job Duties ,
Reasonable Accommodation ,
Wage and Hour
Oregon passed several employment bills this year that will affect Oregon employers. The following article provides an update on the new laws and a list of tasks for Oregon employers to make sure that they are in compliance....more
9/6/2019
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Breastfeeding ,
Employee Benefits ,
Employee Handbooks ,
Employee Rights ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Employment Practices Liability Coverage ,
Equal Pay ,
Equal Pay Act ,
Hate Crimes ,
Human Resources Professionals ,
Labor Law Violations ,
Lactation Accommodation ,
New Legislation ,
Non-Compete Agreements ,
Notice Requirements ,
Paid Family Leave Law ,
Pay Equity Laws ,
Pregnancy ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Restrictive Covenants ,
Retirement Plan ,
Sexual Assault ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
State Labor Laws ,
Wage and Hour
The Oregon legislature has been busy making and revising new law and this will bring legal changes to Oregon’s employment laws. We will post a complete legal update when the current legislative session ends....more
Although the current economic indicators signal a healthy economy, many experts think that we will experience subdued economic growth in 2019 and 2020. In the midst of these uncertainties, some companies that grew a little...more
3/25/2019
/ Anti-Discrimination Policies ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Human Resources Professionals ,
Layoff Notices ,
Layoffs ,
Notice Requirements ,
Severance Agreements ,
Temporary Employees ,
Wage and Hour ,
WARN Act
On March 7, 2019 the U.S. Department of Labor (“DOL”) issued a revised rule regarding the salary required for an employee to be considered exempt from the federal overtime rules, raising the rate to an expected $679 per week...more
Potential exposure for a violation of Oregon’s Equal Pay Act is considerable. Employees alleging unpaid wages or pay equity discrimination may be awarded two years of back pay, compensatory and punitive damages, and attorney...more
12/24/2018
/ Anti-Discrimination Policies ,
Attorney's Fees ,
Back Pay ,
Compensation ,
Compensatory Damages ,
Employer Liability Issues ,
Enforcement Actions ,
Equal Pay ,
Equal Pay Act ,
Job Applicants ,
Pay Discrimination ,
Pay Equity Laws ,
Protected Class ,
Punitive Damages ,
Salary/Wage History ,
State Labor Laws ,
Unpaid Wages ,
Wage and Hour
The history of tip pooling for employers who do not utilize a tip credit has been a rocky one. Past articles on this site have chronicled an employer’s ability to pool and distribute tips to all employees, including those in...more
4/13/2018
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Hospitality Industry ,
Minimum Wage ,
Regulatory Reform ,
Regulatory Standards ,
Tip Credit ,
Tip-Pooling ,
Tipped Employees ,
Tips ,
Wage and Hour
On December 5, 2017, the US Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking and requested comments by Monday February 5, 2018, regarding its proposal to rescind portions of its tip pooling regulations that...more
The Bureau of Labor and Industries issued the final rules regarding the changes to the manufacturing overtime laws on December 27, 2017. The rules became effective on January 1, 2018. BOLI promulgated the new overtime rules...more
Manufacturers who will be affected by the new changes to the overtime rules may be interested in attending a public hearing and/or providing public comment on the development of the Oregon Administrative Rules that BOLI will...more
12/5/2017
/ BOLI ,
Comment Period ,
Employer Liability Issues ,
Exemptions ,
Food Manufacturers ,
Manufacturers ,
Over-Time ,
Proposed Rules ,
Public Comment ,
Public Hearing ,
State Labor Laws ,
Undue Hardship ,
Wage and Hour
On Friday, October 20, 2017, the Department of Labor and Industries issued its final paid sick leave rules addressing employer requirements and employee rights under Initiative 1433.
Beginning on January 1, 2018, all...more
10/24/2017
/ Collective Bargaining ,
Department of Labor (DOL) ,
Employment Policies ,
Final Rules ,
Good Cause ,
Paid Leave ,
Paid Time Off (PTO) ,
Policies and Procedures ,
Sick Leave ,
State Labor Laws ,
Wage and Hour