Insights Archive - Ogletree Deakins

Oregon Court of Appeals Requires Employers to Pay Wages for Hourly Employees’ Failure to Take Full 30-Minute Meal Periods

On November 14, 2019, the Oregon Court of Appeals in Maza v. Waterford Operations, LLC, 300 Or. App. 471 (2019), addressed the question of whether an employer can be found strictly liable under Oregon Administrative Rules (OAR) 839-020-0050(2) when an hourly employee takes less than the entire duty-free, 30-minute lunch break to which the employee is otherwise entitled, regardless of the circumstances.

James M. Barrett Portland (OR) Author

Christopher F. McCracken Portland (OR) Author

Oregon Enacts Sweeping #MeToo Law

On June 11, 2019, Governor Kate Brown signed into law the Oregon Workplace Fairness Act (SB 726), which will significantly impact all Oregon employers. The Act addresses concerns of the #MeToo movement by imposing strict requirements on how Oregon employers respond to complaints of harassment and discrimination. The legislation also significantly increases the statute of limitations within which an employee may assert a claim of discrimination, from one year to five years.

James M. Barrett Portland (OR) Author

Paul E. Cirner Portland (OR) Author

Oregon Modifies Noncompete Law for 2020

On May 14, 2019, Oregon Governor Kate Brown signed House Bill (HB) 2992, which imposes a new burden on employers that want to have enforceable noncompetition agreements with their Oregon employees. For any noncompetition agreement entered into on or after January 1, 2020, employers must provide employees with a signed, written copy of the terms of the noncompetition agreement within 30 days after the termination of employment.

James M. Barrett Portland (OR) Author

Paul E. Cirner Portland (OR) Author

Oregon’s Predictive Scheduling Law: An Overview of BOLI’s Proposed Rules

On April 25, 2018, the Oregon Bureau of Labor and Industries (BOLI) issued proposed rules implementing Oregon’s predictive scheduling law, Senate Bill 828, which will take effect on July 1, 2018.

Christopher A. Morehead Portland (OR) Author

James M. Barrett Portland (OR) Author

Oregon’s New Law on Overtime Calculations for Employees in Mills, Factories, and Manufacturing Establishments Expected to Change

In July 2017, the Oregon Legislature passed House Bill 3458, which is expected to be signed by Governor Kate Brown. The new law will permit employers to pay nonexempt employees in mills, factories, and manufacturing establishments the greater of daily or weekly overtime, reversing recent guidance from the Oregon Bureau of Labor and Industries (BOLI) that had required manufacturing employers to “pyramid” (i.e., pay both) daily and weekly overtime hours.

James M. Barrett Portland (OR) Author

Christopher A. Morehead Portland (OR) Author

Oregon to Enact Predictive Scheduling Law Affecting Retail, Hospitality, and Food Service Employers

The Oregon governor is expected to soon sign Senate Bill 828, which will impose predictive scheduling requirements on large employers in certain industries. Here are answers to some of the most frequently asked questions about the new law.

James M. Barrett Portland (OR) Author

Oregon Court Rejects BOLI’s New Guidance on Calculating Daily and Weekly Overtime for Mills, Factories, and Manufacturing Establishments

After the Oregon Bureau of Labor and Industries (BOLI) made a surprising change to its interpretation of how daily and weekly overtime should be calculated for employees who work in mills, factories, and manufacturing establishments, last week the Multnomah County Circuit Court issued an opinion rejecting BOLI’s new interpretation.

James M. Barrett Portland (OR) Author

Ursula A. Kienbaum Portland (OR) Author

Oregon Manufacturers May Be Eligible to Obtain Waivers From Complying With BOLI’s New Daily and Weekly Overtime Interpretation

The Oregon Bureau of Labor and Industries (BOLI) recently made a surprising change in its interpretation of the daily and weekly overtime requirements for manufacturers. Employers may be able to obtain a waiver from complying with this new interpretation.

James M. Barrett Portland (OR) Author

Oregon BOLI Updates Daily and Weekly Overtime Guidance for Manufacturers and Other Industries

The Oregon Bureau of Labor and Industries (BOLI) has made an important change to its interpretation of the relationship between two Oregon overtime laws. Under BOLI’s new guidance, nonexempt employees who work in mills, factories, or manufacturing establishments may be entitled to both daily and weekly overtime compensation.

James M. Barrett Portland (OR) Author

Utah Governor Signs Law Restricting Post-Termination Noncompete Agreements

On March 22, 2016, Utah Governor Gary Herbert signed into law the Post-Employment Restrictions Act (H.B. 251), which limits the duration of post-employment noncompete agreements between employers and employees to a maximum of one year from the employee’s date of separation. Under the new law, any such agreement containing a noncompete restriction exceeding the Act’s one-year limitation will be deemed void.

James M. Barrett Portland (OR) Author

Utah Has a Bun in the Oven: Pregnancy Bill Awaits Governor’s Approval

The Utah State Legislature recently passed S.B. 59, a bill that would amend the Utah Antidiscrimination Act to require employers with 15 or more Utah employees to provide reasonable accommodations related to pregnancy, childbirth, breastfeeding, or related conditions. The bill is currently awaiting the governor’s signature.

James M. Barrett Portland (OR) Author

BOLI Issues Guidance on New Oregon Statewide Sick Leave Law

The Oregon Bureau of Labor and Industries (BOLI) has issued additional guidance on complying with the new Oregon statewide mandatory paid sick leave law, Senate Bill 454, OL 2015, Ch. 537, which takes effect on January 1, 2016.

James M. Barrett Portland (OR) Author

Federal Judge Approves Contractual Limitation on Time to Bring Employment Claims Under Oregon Law

A federal court in Oregon recently ruled that employment agreements may impose a reasonable limitation on the time period in which an employee may bring statutory and common law claims against his or her employer, even when that time period is shorter than the statute of limitations. In Felix v. Guardsmark, LLC, 3:13-CV-00447-BR (D. Or.,

James M. Barrett Portland (OR) Author

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