Keeping up with employment law can be a daunting and somewhat confounding task for employers. One area that has seen significant changes is “pay equity.” As of January 1, 2019, Oregon businesses, non-profits, and governmental entities are subject to additional pay equity requirements. The law originally focused on ensuring pay equity protections for the single…
Are Employees Pre and Post Shift Activities Compensable? Read More...
Authored by: Jeremy Green
Certain Oregon employers are now required to provide bereavement leave to eligible employees. Effective January 1, 2014, HB 2950 requires an employer subject to the Oregon Family Leave Act (i.e., an Oregon employer with 25 or more employees) to provide an OFLA eligible employee (i.e., an employee who has been employed for more than 180 days an average of 25 or more hours per week) two weeks of bereavement leave within 60 days of the date on which the employee receives notice of the death of a family member. Qualifying bereavement leave includes leave to attend the funeral of a family member, marking arrangements necessitated by the death of a family member, and grieving the death of a family member. HB 2950 defines “family member” as the employee’s spouse, same-sex domestic partner, biological, adoptive, or foster parent, child, grandparent, or grandchild, parent-in-law, or a person with whom the employee was in an in loco parentis relationship.
An eligible employee desiring to take bereavement leave must provide oral notice within 24 hours of the start of leave. The employee must also provide written notice within three days after the employee returns to work. Notwithstanding the aforementioned notice requirements, an employer may not limit bereavement leave if the employee fails to provide appropriate notice. An employer may require the employee to use his or her accrued vacation or paid sick leave during bereavement leave.
A new law signed by Governor Kitzhaber earlier this year requires Oregon employers to provide time off on Veteran’s Day to employees who are veterans. Read More...
The federal Fair Labor Standards Act of 1938 (29 U.S.C.A. s 201, et.
seq.) (the “Act”) forbids employers from discharging or otherwise
discriminating against employees for, among other things, filing a
complaint against the employer under or related to the Act. 29 U.S.C.A. s
215(a)(3). Earlier this year, the U.S. Supreme Court held that Section
215(a)(3) applies not only to written complaints filed by employees,
but to oral complaints as well. Kasten v. Saint-Gobain Performance Plastics Corp.,
131 S. Ct. 1325 (2011). Specifically, the Court held that a complaint
is “filed” when a reasonable, objective person would have understood the
employee to have put the employer on notice that the employee is
asserting statutory rights under the Act. This decision significantly
expands employees’ ability to file retaliation suits against their
employers. Employers must take internal complaints (both oral and
written) seriously and be prepared to defend decisions to discharge or
discipline their employees. Read More...