Our Festivus Present to Oregon Employers: Ten Things You Should Know for 2010
Wow, it's Festivus already, which means that in just a few short days it will be a brand new year! We have a Festivus present for Oregon employers to help you get ready: Ten things you need to know for 2010! (click on each blue hotlink for more information)
- All Oregon employers are required to post the SB 519 (Mandatory Meeting Ban) Notice to Employees.
- The H1N1 (or "swine:) flu is slowing down, but it's not gone. If you have concerns for you or your employees, Oregon has a great Flu Hotline.
- As if we needed another reason to investigate complaints of unlawful harassment, the Oregon Court of Appeals recognized a claim for negligent failure to investigate.
- Leave for Military Spouses: Employers with 25 or more employees in Oregon must provide leave to spouses of service members prior to deployment and during leave from active duty.
- In 2010, you might have a greater duty to accommodate employees' religious dress and practices.
- Domestic Violence Leave and Accommodations: Employers may not discriminate against victims of actual or threatened stalking, sexual assault or domestic violence, and must make reasonable accommodations for such employees.
- In 2010, you (and your employees!) may no longer talk on the phone while driving (unless it's with a hands-free device).
- Oregon's minimum wage will remain $8.40/hour.
- Oregon kept its disability discrimination law in tune with the federal Americans with Disabilities Act.
- Oregon has new rest and meal break regulations.
And on that note, we're off to put up our festivus pole (aluminum, high strength-to-weight ratio), air our grievances, and commit feats of strength. Happy festivus, and see you in 2010!
EEOC Issues Guidance on Severance Agreements and Waivers
Recognizing that severance agreements are becoming more and more prevailant in the down economy, the Equal Employment Opportunity Commission (EEOC) yesterday issued a new technical assistance document titled Understanding Waivers of Discrimination Claims in Employee Severance Agreements (click on the title to access the document). The new document is intended to help both employers and employees navigate the complexities of waivers in severance agreements.
Of particular interest is the EEOC's guidance regarding the Older Workers Benefit Protection Act, which places certain requirements on waivers of age discrimination claims by employees age 40 and older, including a 21 day period to consider the agreement and a seven day period to revoke acceptance. Also of note is the EEOC's admonition that signing a severance agreement and accepting payment to waive discrimination claims does not prevent an employee from then filing a charge of discrimination with the Commission or a similar state agency.
Employers should review their existing severance agreements in light of the EEOC's new guidance, as this document provides insight into how both the Commission and courts will review such agreements and how employees might find ways to avoid their waiver obligations.
Time Out for E-Verify: Mandatory Use Rule Suspended Until February 20
Federal contractors take note: the rule requring mandatory use of the E-Verify system has been suspended until at least February 20, 2009.
As previously reported in the World of Work, President Bush's executive order would make using E-Verify mandatory starting January 15, 2009 for federal contractors with projects exceeding $100,000 and for sub-contractors with projects exceeding $3,000. A coalition of employer's groups sued, seeking an injunction against the rule.
The parties reached an agreement with the U.S. Department of Justice to delay the effective date of the new rule until February 20, 2009 – allowing time for an expedited hearing on the merits of the plaintiffs' legal case. The Federal Court has accepted that agreement on January 12, and set up a briefing schedule that should have everything worked out by the new implementation date. If you like reading legal documents, click to read the court's order. And as always, watch the World of Work for more updates.
Ledbetter, Fair Pay Acts Pass House
There was a lot of fairness on Capitol Hill last week: the Lilly Ledbetter Fair Pay Act and the Paycheck Fairness Act both passed the House of Representatives on Friday, January 9, 2009. For those of you keeping score at home, the Ledbetter Act passed 247-171, and the Paycheck Fairness Act passed 256-163. Both bills will proceed to the Senate, and they are expected to pass there as well.
The Ledbetter Act is named after a losing plaintiff in an oft-criticized Supreme Court case, Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007). There, the Court held that the time limits for filing a discrimination charge with the Equal Employment Opportunity Commission (EEOC) start to run when the employer makes a discriminatory decision about the employee's compensation, not each time the employee receives a paycheck affected by discrimination. The proposed Act would reverse that ruling by amending Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Rehabilitation Act to provide that the filing periods—300 days in most states and 180 days in the few states that do not have a fair employment agency—would be triggered whenever an employee is affected by a discriminatory compensation decision or practice.
The Paycheck Fairness Act would increase remedies in Equal Pay Act cases, making available compensatory and punitive damages, authorizing class actions, and mandating training and other outreach efforts by the EEOC and the Labor Department's Office of Federal Contract Compliance Programs on wage discrimination issues.
Free Lunch Seminar on California Law for Oregon Employers October 30
Do you have an office or a facility in California? Do you have any employees who work in California? If you've had to confront the challenges of complying with California's unique employment laws and regulations, you'll want to join us.
We will have a lively discussion led by Tony DeCristoforo, a labor and employment law specialist based in our Sacramento office, and Victor Kisch, a Portland based attorney who practiced in California for about a decade. They will summarize the important differences between Oregon and California employment laws.
- Where? Stoel Rives' Portland Office
- When? 11:30 a.m., October 30, 2008
- Cost? Free! As Tom Peterson would say, "Free is a very good price!"
For registration information, click here.
Stoel Rives Offers ADA Amendments Act Seminars in Boise, Portland and Seattle
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The ADA Amendments Act (ADAAA) will become law on January 1, 2009, substantially expanding the Americans with Disabilities Act, and increasing employers' obligations to accommodate disabled employees. To help you get ready to comply with this important new law, Stoel Rives is offering free ADAAA seminars in its Seattle, Portland and Boise offices on December 2, 2008. To register, see the links below:
For more information on the ADAAA from the comfort of your desk (or easy chair, or beach if you have an Iphone), check out the World of Work's ADAAA coverage here.
