Stoel Rives Labor & Employment News Digest - September 2009
9/30/2009

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 blew the whistle on a fake job reference cite where applicants can pay for glowing recommendations from phony past employers. Our post led to an ABC News investigation.

• There are limits to what "religious practices" an employee must accommodate. According to one federal court, an employer did not violate Title VII by firing an employee for wearing a nose ring.

State and Federal Legislation:

• Paid vacation? Breastfeeding at work? A ban on employee arbitration agreements? The World of Work took a look at what labor and employment laws might soon be coming from Congress in our 2009 Mid-Term Federal Legislative Update.

• Oregon employers will face a number of new labor and employment laws in 2010: leave for military spouses, increased religious accommodations, protections for stalking victims and more. The World of Work reviewed what new laws passed and what ones died in committee in our 2009 Oregon Legislative Update.

New State and Federal Regulations:

• It only took nine months, but after much anticipation the EEOC finally proposed new rules implementing the ADA Amendments Act, redefining key terms such as "substantially limits," "major life activity" and "regarded as disabled."

• The Department of Homeland Security has proposed regulations that would rescind the Bush administration's controversial no-match rule.

• BOLI proposed new employee leave regulations pertaining to the Oregon Family Leave Act, the Oregon Military Family Leave Act, and the Oregon Victims of Certain Crimes Leave Act.

News and Cases for California Employers:

• Want to reduce the pay and hours of your exempt employees? California employers gained some flexibility after the California DLSE reversed itself regarding schedule and salary reductions for exempt employees.

• In a closely watched case, the California Supreme Court ruled there was no privacy violation for an employer's placement of a hidden video camera in an employees' office. Just don't post them on YouTube.

News and Cases for Oregon Employers:

• Due to a decline in the Consumer Price Index, Oregon's minimum wage will remain $8.40 in 2010.

• In a case that expands the protections of Oregon's disability laws, the Oregon Court of Appeals held that non-disabled employees are protected from retaliation when requesting accommodations.

• The Oregon Supreme Court allowed workers' comp coverage for a gastric bypass, on the grounds that the surgery was necessary to treat an employee's on-the-job knee injury.

• The Oregon Court of Appeals rejected an employee's wrongful discharge claim on the basis that there are existing adequate statutory remedies for health and safety retaliation.

• In a significant victory for Oregon employers, the Oregon Supreme Court denied an employee's wrongful discharge claim for reporting unlawful trade practices.

News and Cases for Washington Employers:

• Are your employees revolting? Maybe you should fire them, as the Washington Supreme Court upheld an employer's right to fire workers who protest a bad boss.

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Contact your Stoel Rives Labor and Employment attorney if you have questions about these or other workplace issues. For a list of attorneys in the Labor and Employment group, click here.

Stoel Rives is a business law firm providing counseling and litigation services to a wide range of clients throughout the United States. The firm has nearly 400 attorneys operating out of 12 offices in eight states. For more information, visit www.stoel.com.