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State Employment Law Articles
Article Index » oregon: 10 Most Recent Articles Report Link Oregon Legislative Update July 2009.Littler Mendelson, P.C. - July 13, 2009 The national drive toward improved health care coverage and education coupled with Oregon's beleaguered economy provided most of the legislative thunder for the state's 2009 session. While employment law issues were not completely absent, much of that legislation centered on creating jobs in a state where the unemployment rate is second only to Michigan's. Report Link Employer Speech in Oregon's Workplaces, the Impact of SB 519.Littler Mendelson, P.C. - July 02, 2009 Oregon's Governor Ted Kulongoski (D) signed SB 519 on June 30, 2009. The new law, referred to by its opponents as the "Employer Gag Bill," and heralded by its supporters as the "Worker Freedom Act," prohibits employers from mandating employee attendance at meetings involving an employer's opinions regarding religious or political matters and prohibits employers from taking any adverse employment action against employees who decline to attend those meetings. One of the practical effects of the law is to try and impose a substantial change to union organizing campaigns in Oregon's workplaces. The law is effective January 1, 2010. Report Link New Labor-Backed Oregon Legislation Probably Preempted by Federal Law.Jackson Lewis LLP - June 29, 2009 Organized labor’s primary goal for the 2009 Oregon bi-annual legislative session was to pass a law barring employers from conducting mandatory meetings or otherwise communicating with employees about their views on whether employees should unionize. This came in the form of Senate Bill 519 (SB 519). On June 22, 2009, the Oregon House of Representatives passed SB 519 by a 34-24 vote. Earlier, the Senate had passed the bill by a narrow 16-14 vote. If signed by Governor Ted Kulongoski, the law would go into effect January 1, 2010. Report Link Oregon Employment Law Developments: Meal Periods, Family Leave and Smokefree Rules.Littler Mendelson, P.C. - February 18, 2009 On January 12, 2009, Oregon's Bureau of Labor and Industries (BOLI) clarified meal and rest period requirements in situations where it is an "undue hardship" for an employer to provide a 30-minute, uninterrupted meal period to its employees. Starting on March 16, 2009, if employers wish to rely on the "undue hardship" exception, they must provide written notice on required BOLI forms to affected employees. Report Link Oregon's Minimum Wage Increased Again: Happy New Year.Fisher & Phillips, LLP - January 05, 2009 Oregon's minimum wage increased forty-five cents, from $7.95 to $8.40, effective January 1, 2009. The increase comes thanks to an Oregon statute requiring the Commissioner of the Bureau of Labor and Industries (BOLI) to calculate a minimum-wage adjustment each September. The adjustment is based on any increase during the previous 12 months in the U.S. City Average Consumer Price Index (CPI). Report Link Oregon Employers Lose Latest Round of Medical Marijuana Battle.Fisher & Phillips, LLP - June 12, 2008 On June 11th, the Oregon Court of Appeals dealt a blow to employers fighting medical marijuana in the workplace, letting stand an administrative decision which had granted a victory to a medical marijuana user (Emerald Steel Fabricators, Inc. v. Bureau of Labor and Industries). Although the decision was largely based on technical grounds, the Court of Appeals passed up an opportunity to side with employers and the decision may lend comfort to workers’ advocates who support looser workplace drug rules. Report Link Oregon Supreme Court Puts the 'Breaks' on Rest Period Claims.Littler Mendelson, P.C. - May 22, 2008 In a decision that is sure to please Oregon employers, the Oregon Supreme Court, in Gafur v. Legacy Good Samaritan Hospital and Medical Center , held that Oregon employees do not have a private right of action to recover wages for rest period claims brought under Oregon wage and hour laws. Report Link Oregon Supreme Court: No Private Right of Action for Missed Rest.Jackson Lewis LLP - May 19, 2008 Although the Oregon Bureau of Labor and Industries (BOLI) has promulgated regulations which require every Oregon employer to provide employees ten-minute rest periods for every segment of four hours of work, the Oregon Supreme Court has held that a violation of BOLI's rest period regulations does not give rise to a private right of action for unpaid wages. Gafur v. Legacy Good Samaritan Hosp. & Med. Ctr., __ P.3d __ (May 15, 2008). While Oregon employers should remain vigilant in ensuring employees are provided mandatory rest breaks, the Supreme Court's decision all but forecloses the prospect of class action litigation based on rest period violations. Report Link New Driver's License Law Will Impact Oregon Employers.Fisher & Phillips, LLP - February 21, 2008 Over the weekend, the state finalized a new law that may end up having a dramatic impact on several important industries. Oregon Governor Ted Kulongoski signed into effect a much stricter driver’s license requirement that forces applicants to prove American citizenship or legal immigrant status before getting a new or renewed driver’s license. It goes into effect on July 1, 2008, and could have far-reaching consequences in the agriculture, construction and hospitality industries, among others. Report Link Oregon Court Holds Denial of Rest Periods Creates Private Cause of Action.Jackson Lewis LLP - June 26, 2007 Oregon employers who fail to provide employees with rest breaks required under Oregon state law may be liable to employees for unpaid wages and penalties following a June 13, 2007, ruling of the Oregon Court of Appeals. The court in Gafur v. Legacy Good Samaritan Hospital held that rules promulgated by Oregon's Bureau of Labor and Industries (BOLI), which guarantee employees a paid ten-minute rest break for every four hours of work, may be enforced by employees through Oregon's wage payment statute, ORS 653.055.
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November 12, 2009 Fisher & Phillips |
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