Alerts From the Stoel Rives Web Site http://www.stoel.com/showalert.aspx?show=2322 en-us Copyright 2013, Stoel Rives clientservices@stoel.com http://blogs.law.harvard.edu/tech/rss 5/19/2013 7:23:45 AM http://www.stoel.com/showalert.aspx?Show=10221 On Wednesday, March 13, the Portland City Council unanimously passed an ordinance that will require employers provide sick time to employees. This ordnance will require private employers to provide 40 hours of sick leave per year. For employers with ... Fri, 15 Mar 2013 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9705 The Alaska Supreme Court recently expanded the concept of "privileged communication." Under federal and state law, certain types of communications are considered privileged and cannot be disclosed or used in a judicial or other proceeding absent a waiver. ... Fri, 27 Jul 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9594 In Christopher v. SmithKline Beecham, a 5-4 decision announced yesterday afternoon, the U.S. Supreme Court ruled that pharmaceutical sales representatives are exempt from the overtime requirements of the federal Fair Labor Standards Act ("FLSA"). The ... Tue, 19 Jun 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9589 Continuing its campaign to educate employees about their rights, the National Labor Relations Board (NLRB) today launched a public webpage that explains the rights of employees (union or non-union) to engage in concerted activity under the National Labor ... Mon, 18 Jun 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9446 On Friday, April 20, 2012, the EEOC issued a landmark ruling that intentional discrimination against a transgender individual is discrimination "based on … sex" and thus violates Title VII. Prior to this ruling, the EEOC generally declined to pursue ... Tue, 24 Apr 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=9130 In DR Horton, a decision issued on January 3, and applicable to most private sector employers, whether unionized or not, the NLRB held that federal labor law prevents you from requiring your employees to agree to broad waivers that would deny their right ... Mon, 09 Jan 2012 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8898 Under the California Transparency in Supply Chains Act, beginning January 1, 2012, large retailers and manufacturers that do business in California must disclose information on their websites about what they do to eradicate slavery and human trafficking ... Tue, 29 Nov 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8725 Beginning September 1, 2012, the City of Seattle will require that all but the smallest employers provide paid sick leave to their Seattle employees. Sick leave mandates under the new law increase depending on the size of a company's workforce, and employees ... Thu, 27 Oct 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8488 (Updated October 5, 2011: The National Labor Relations Board has postponed the implementation date for its new notice-posting rule by more than two months in order to allow for enhanced education and outreach to employers. The new effective date of the ... Wed, 07 Sep 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=8143 On June 20, 2011, in Wal-Mart Stores, Inc. v. Dukes, the U.S. Supreme Court in a 5-4 ruling rejected class certification for a putative class of approximately 1.5 million women alleging that Wal-Mart discriminated against them in pay and promotions based ... Thu, 23 Jun 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7737 Employers and the courts continue to wrestle with issues involving "zero tolerance" drug testing policies and whether employers must accommodate medical marijuana use by their employees. Marijuana use is illegal under the federal Controlled Substances ... Thu, 10 Mar 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7727 On March 1, 2011, the Supreme Court issued its opinion in Staub v. Proctor Hospital, upholding the "cat's paw" theory of employer liability, under which employers are liable for discrimination where lower-level supervisors with discriminatory motives ... Tue, 08 Mar 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7716 Stoel Rives attorneys Keelin Curran and Karin Jones discuss in a Washington Healthcare News article the developing trend of strict no-smoking policies in the workplace, including no-nicotine hiring practices. Research indicates that smokers impose significant ... Mon, 07 Mar 2011 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=7160 OSHA compliance recently became harder and costlier, and may continue to do so, thanks to several developments at the federal and state level. *** You may go to prison if you discipline or terminate an employee who might be worried about an unsafe ... Tue, 02 Nov 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6571 Yesterday the Oregon Supreme Court conclusively ruled that employers are not required to accommodate the use of medical marijuana in the workplace, ending years of doubt and confusion on this critical issue. Click here to read the Court's opinion ... Thu, 15 Apr 2010 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=6057 Washington's new domestic partnership law giving registered domestic partners all the rights and responsibilities of spouses under state law takes effect on December 3, 2009. Have you amended your policies accordingly? Read further to find out how ... Mon, 16 Nov 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5911 For your convenience, we've compiled the major events in labor and employment law for August-September 2009, as reported by the World of Work Blog. National News and Cases of Interest: Don't trust that applicant's fantastic job reference! We ... Wed, 30 Sep 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5899 Beginning on September 23, 2009, HIPAA covered entities (health care providers, health plans, and health care clearinghouses) and business associates have new notification requirements for a breach of unsecured protected health information ("PHI"). This ... Wed, 23 Sep 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5775 July 2009 Managers Individually Liable for Unpaid Wages Despite Employer's Bankruptcy Two recent cases should strike fear into the hearts of all upper-level managers and human resources professionals. In Boucher v. Shaw, the Ninth Circuit ruled that ... Thu, 30 Jul 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5641 Ricci v. DeStefano—Supreme Court Holds City Violated Title VII by Rejecting Racially Disparate Test Results The Supreme Court yesterday issued its long-awaited ruling in Ricci v. DeStefano, holding that the City of New Haven violated Title VII by ... Tue, 30 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5607 The Supreme Court today issued its long awaited ruling in Ricci v. DeStefano, holding that the City of New Haven violated Title VII by failing to endorse the results of a promotion test that disproportionately favored white employees. This case is getting ... Mon, 29 Jun 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5458 Labor Groups Hail Sotomayor Nomination; Employment Law Record Appears Even-Handed The biggest labor and employment law story this month is the nomination of Judge Sonia Sotomayor to the U.S. Supreme Court. Labor unions couldn't be happier: "Judge Sotomayor ... Fri, 29 May 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5390 New Swine Flu Resources for Employers Available The U.S. government has set up a new website, PandemicFlu.gov, to provide "One-stop access to U.S. government swine, avian and pandemic flu information." It has posted a great deal of information on its ... Thu, 30 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=5229 In 1991, the U.S. Supreme Court ruled in Gilmer v. Interstate/Johnson Lane Corp. that individual employees who sign arbitration agreements could be compelled to arbitrate all claims against their employer, including statutory discrimination claims. Today, ... Wed, 01 Apr 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=4510 February 2009 Stimulus Package Includes COBRA Subsidies Among the provisions of the new stimulus package signed by President Obama are subsidies for unemployed workers continuing their health care benefits through the Consolidated Omnibus Budget Reconciliation ... Fri, 27 Feb 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3567 What is it?On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act, commonly known as the $787 billion stimulus package designed to revive the economy. The law includes a COBRA subsidy for laid-off workers. Persons ... Thu, 19 Feb 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3506 January 2009 President Obama Signs Lilly Ledbetter Fair Pay Act President Obama signed the Lilly Ledbetter Fair Pay Act into law today, January 29. The Act—the very first bill he signed—overturns a U.S. Supreme Court decision that limited the time ... Thu, 29 Jan 2009 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3459 Have you amended your leave policies and procedures to comply with the new FMLA amendments and Washington leave laws? Amendment highlights: New military family leave for qualifying family members for an exigency arising out of a covered military service ... Mon, 29 Dec 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3339 Employee Free Choice Act Tops List of Anticipated L&E Legislation Wondering what the Obama administration and Democratic control of Congress mean for labor and employment law? Here's a list of the top legislation to watch (or watch out for): ... Tue, 25 Nov 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3317 With the election of Barack Obama, and strengthened Democratic majorities in both houses of Congress, it seems likely that among the changes we can expect, expansion of federal labor and employment law is coming. Among the changes employers should expect ... Fri, 14 Nov 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3271 U.S. Supreme Court to Hear Six L&E Cases This Term The U.S. Supreme Court opened its 2008-09 term on October 6 with six labor and employment law cases on its docket. (For docket information and questions presented, click on the name of the ... Thu, 30 Oct 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3206 President Bush Signs ADA Amendments Act On September 25, 2008, President Bush signed the ADA Amendments Act (ADAAA), a law that will significantly expand the coverage of the Americans with Disabilities Act (ADA) beginning January 1, 2009. Some key ... Tue, 30 Sep 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3158 President Bush has indicated he will sign the ADA Amendments Act, or "ADAAA," which was passed by Congress earlier this week. The ADAAA, which will take effect January 1, 2009, will significantly broaden the scope and coverage of the Americans with Disabilities ... Fri, 19 Sep 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3128 California Court Upholds One-Year Statute of Limitation to Arbitrate FEHA Claim In Pearson Dental Suppliers, Inc. v. Superior Court, the California Court of Appeal (Second District) enforced an arbitration agreement requiring the employee to bring ... Thu, 28 Aug 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3073 California employers have scored a major victory regarding meal and rest periods as the result of a new California Court of Appeal decision, Brinker Restaurant Corp. v. Superior Court. Within days of this decision, California's Labor Commissioner directed ... Mon, 11 Aug 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3051 Ninth Circuit Affirms "Emotional Distress Damages" Caused by Denial of FMLA Leave Plaintiffs suing their employers under the Family and Medical Leave Act ("FMLA") may recover lost wages, but they may not recover emotional distress damages. What if ... Thu, 31 Jul 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=3052 U.S. Supreme Court Expands Workers' Relief in Race and Age Discrimination SuitsOn May 27, the Supreme Court held that two civil rights laws prohibit employers from retaliating against employees who complain about discrimination, even though neither law ... Thu, 26 Jun 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2962 U.S. Supreme Court Expands Workers’ Relief in Race and Age Discrimination SuitsOn May 27, the Supreme Court held that two civil rights laws prohibit employers from retaliating against employees who complain about discrimination, even though neither ... Wed, 28 May 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2948 Oregon employers can rest easy. The Oregon Supreme Court just ruled that employees cannot bring wage claims for missed rest and meal periods. Oregon law requires a nonexempt employee receive a paid 10-minute rest break for every four hours worked or ... Fri, 16 May 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2923 On April 1, 2008, Governor Gregoire signed new laws requiring Washington employers of any size to provide two kinds of leave to Washington employees: domestic violence leave for victims and family members, and military family leave. Effective April ... Wed, 23 Apr 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2918 April 2008 Immigration Law: New Proposed Procedures for Employers Who Receive a No-Match LetterThe Department of Homeland Security (DHS) recently introduced a "supplemental proposed rule" entitled "Safe-Harbor Procedures for Employers Who Receive ... Mon, 21 Apr 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2903 March 2008 New FMLA Leave Law: Military Family LeaveA new revision to the Family and Medical Leave Act ("FMLA") requires employers with 50 or more employees to provide up to 26 weeks of leave for family members caring for U.S. service members ... Thu, 20 Mar 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2870 The U.S. Department of Labor ("DOL"), in its first major overhaul of the Family and Medical Leave Act of 1993 ("FMLA") since the FMLA was enacted 15 years ago, recently published proposed revisions to the FMLA regulations. These proposed revisions are ... Mon, 03 Mar 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2867 In a decision that may have more relevance to employment attorneys than to their clients, the U.S. Supreme Court recently held that federal trial courts have the discretion to decide whether to admit so-called "me too" evidence in employment discrimination ... Wed, 27 Feb 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2849 President Bush signed new legislation January 28, 2008 expanding the Family and Medical Leave Act ("FMLA"). Under the new law, employers with 50 or more employees must provide up to 26 weeks of leave for family members caring for U.S. service members ... Mon, 04 Feb 2008 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2748 Washington's Department of Labor and Industries (DLI) recently issued some FAQs about Washington's Family Leave Act (see www.lni.wa.gov/WorkplaceRights/files/FamilyLeaveFAQs.pdf) and its interaction with the federal Family and Medical Leave Act (FMLA), ... Tue, 23 Oct 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2746 Two important new Oregon civil rights laws will go into effect on January 1, 2008: the Oregon Equality Act, which prohibits discrimination based on sexual orientation (including gender identity), and the Oregon Family Fairness Act, which establishes ... Wed, 17 Oct 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2722 Labor law practitioners have been waiting—in some cases, for years—while the NLRB wrestled with a number of critical issues. With three members of the Board facing the expiration of their terms, expectations mounted for major action. The Board did ... Fri, 05 Oct 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2492 As you may know, President Bush recently signed legislation that raises the federal minimum wage for the first time since 1997. Currently $5.15 per hour, the federal minimum wage increases to $5.85 per hour beginning July 24, 2007; to $6.55 per hour ... Mon, 16 Jul 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2485 Oregon's courts and lawmakers have always frowned on any requirement that an employee not work for a competitor after the employee quits or is fired. Before the current legislative session, Oregon statute required that, to be enforced, a noncompetition ... Tue, 03 Jul 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2465 As a result of an Oregon Court of Appeals ruling last week, Oregon employers that fail to provide their nonexempt employees with their paid 10-minute rest breaks may be liable to their employees for unpaid wages under Oregon’s wage and hour laws. In ... Wed, 20 Jun 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2409 Two significant developments, one by the Washington Legislature and the other by the Ninth Circuit Court of Appeals (with jurisdiction over Oregon and California as well as Washington), have thrown the meaning of 'disability' and what employers are required ... Tue, 15 May 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2403 Nondiscrimination On Wednesday, May 9, Oregon Governor Ted Kulongoski signed "The Oregon Equality Act" into law. Unless referred to the voters, the new law takes effect January 1, 2008. It prohibits discrimination against persons in employment, housing ... Fri, 11 May 2007 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2323 Last week, the Ninth Circuit Court of Appeals ruled that claims adjusters for Farmers Insurance are exempt from the overtime requirements of the federal Fair Labor Standards Act ("FLSA"), regardless of the type or size of the claims they handled. In ... Fri, 03 Nov 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2324 Section 409A, which was added to the Internal Revenue Code in October 2004, imposes onerous penalties on nonqualified deferred compensation that fails to meet strict new rules. The Internal Revenue Service (IRS) has provided preliminary guidance regarding ... Tue, 10 Oct 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2357 In Oakwood Healthcare, Inc., the National Labor Relations Board ("the Board") has finally provided much-anticipated guidance on what makes an employee a "supervisor" and therefore exempt from the coverage of the National Labor Relations Act ("NLRA"). ... Thu, 05 Oct 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2358 In a surprising move, the generally conservative Supreme Court endorsed the generally liberal Ninth Circuit’s expansive definition of retaliation. For employers, the Court’s decision means that plaintiffs’ attorneys will continue to emphasize retaliation ... Fri, 23 Jun 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2359 Be careful not to rely solely on information about an employee that you receive from someone else. Last week another Circuit Court of Appeals officially adopted the "cat's paw" theory of liability in discrimination cases. The Tenth Circuit allowed the ... Wed, 14 Jun 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2360 In February 2005, we told you about the Oregon Court of Appeals’ decision in Washburn v. Columbia Forest Products, which broadened the Oregon definition of "disability" and required employers to offer reasonable accommodation for medical marijuana users ... Thu, 04 May 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2361 Gender roles have been blurry for years. Women wear pants and men wear earrings. Men wear makeup and women have tattoos. Can the employer lawfully set different standards for each sex? Yes, but be cautious; make sure the burden of complying with your ... Mon, 17 Apr 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2362 A recent decision of the Oregon Court of Appeals dealing with religious discrimination in educational activities may impact private Oregon employers. The court’s new definition of "undue hardship" may require Oregon employers to reasonably accommodate ... Thu, 06 Apr 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2363 On Friday, January 27, 2006, the Washington State Legislature amended Ch. 49.60, RCW, Washington’s Law Against Discrimination ("WLAD"), to prohibit discrimination on the basis of "sexual orientation" in addition to previously recognized protected categories ... Mon, 30 Jan 2006 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2364 The U.S. Supreme Court ruled yesterday that under the Portal-to-Portal Act amendments to the Fair Labor Standards Act (the "FLSA"), employees must be paid for the time after putting on ("donning") and before taking off ("doffing") unique protective clothing. ... Tue, 01 Nov 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2365 In Gonzales v. Raich, the U.S. Supreme Court upheld the constitutionality of the federal Controlled Substances Act (the "CSA"), which, among other things, prevents the possession, purchase, or manufacture of medical marijuana. The CSA contradicts the ... Wed, 01 Jun 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2366 The Washington Supreme Court has recently provided guidance to employers contemplating arbitration agreements with their employees. In Zuver v. Air Touch Communications and Adler v. Fred Lind Manor, the Court concluded that agreements requiring arbitration ... Tue, 01 Mar 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2367 Effective March 10, 2005, all employers, regardless of size, must post notice to all employees of their rights and benefits under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The new posting requirements were signed into law ... Tue, 01 Mar 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2368 Washburn v. Columbia Forest Products In January, the Oregon Court of Appeals issued its first interpretation of Oregon’s Medical Marijuana Act. However, of potentially greater significance to employers is the court’s redefinition of "disability" under ... Tue, 01 Feb 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2369 Labor and employment laws continue to change. To keep you up to date, we are providing summaries of recent changes to: Policies requiring women to wear makeup Disclosures required in order to use consumer reports The scope of "employer unit" ... Sat, 01 Jan 2005 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2370 Last week, a Washington Supreme Court decision changed that state’s law on noncompetition agreements. This Bulletin summarizes the Washington changes and the current law on restrictive covenants in Oregon, California, Idaho and Utah. Practice Tip--Employers ... Wed, 01 Dec 2004 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2371 Congressional Amendments, State Law Cloud DOL's New Rules The Department of Labor's new overtime rules announced in April were summarized in April's Client Alert. The new rules, which are slated to take effect August 23, 2004, may be curtailed by two ... Tue, 01 Jun 2004 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2372 On June 2, 2004, the Washington Supreme Court declined to review White v. Salvation Army, 118 Wn.App. 272 (Div.1, Sept. 8, 2003), the first Court of Appeals’ decision to address the meaning of the term "rest break" as required by WAC 296-126-092. That ... Tue, 01 Jun 2004 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2373 The new Fair Labor Standards Act ("FLSA") overtime exemption regulations went into effect on Monday, August 23, 2004. For employers in Oregon, California and Washington state, the impact of the new regulations is minimal. For employers in other states ... Thu, 01 Apr 2004 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2374 General Dynamics Land Systems, Inc. v. Cline (Decided 2/24/04) On February 24, 2004, the U.S. Supreme Court handed down its decision in General Dynamics Land Systems, Inc. v. Cline, No. 02-1080. The decision holds that the federal Age Discrimination ... Mon, 01 Mar 2004 00:00:00 GMT http://www.stoel.com/showalert.aspx?Show=2375 What's in This Alert? Changes to FCRA Requirements for Employer Investigations New Leave Laws in Oregon and California for Crime Victims Ninth Circuit Case Law Update: Peterson v. Hewlett-Packard NEW ACT ELIMINATES PRIOR FCRA REQUIREMENTS ... Sun, 01 Feb 2004 00:00:00 GMT