E-news Archives
Clearing the Haze for Employers on New Marijuana Laws
April 2013 With the passage of new state laws “legalizing” types of recreational marijuana use, there is renewed confusion for employers in Oregon and Washington over whether workers can still be terminated for testing positive for marijuana. While Washington and … Continue reading
Construction Contracts: Dos, Dont’s and Musts
Bill Joseph will speak on Contracts Dos, Don’ts and Musts at the April 26th Construction Industry Summit Sponsored by Associated Builders and Contractors, Inc. on Friday April 26 at the Oregon Convention Center. This will be a presentation of how to draft, … Continue reading
New FMLA Model Forms and Notice Poster released by the U.S. Department of Labor
March 2013 By March 8, 2013, covered employers must display the updated Family Medical Leave Act (“FMLA”) poster in all of their locations. The poster must be displayed in a conspicuous place where all employees and job applicants can see … Continue reading
Who is in a Protected Class?
April 2013 You may have noticed in the news or on the internet frequent references to “protected classes.” However, these references are often made without defining exactly who is in a “protected class.” The civil rights laws prohibit discrimination against … Continue reading
2012 Jury Verdicts in Review: Ratio Between Noneconomic and Economic Damages
As defense attorneys and insurance professionals, we are bombarded with settlement demands asking for exorbitant sums in noneconomic damages relative to the economic harm actually suffered. For example, in a personal injury case, the plaintiff may have incurred $6,000 in … Continue reading
Fourth Circuit Finds NMFS’ BiOp Arbitrary and Capricious.
In Dow AgroSciences v. National Marine Fisheries, The Fourth Circuit recently reversed a district court decision, concluding that a Biological Opinion that analyzed the effects of several pesticides on Pacific salmonids was arbitrary and capricious. The BiOp, issued by the … Continue reading
Blanket Leave Policy Costs Employer $4.85 Million
Often employers assume that when an employee has exhausted their 12 weeks of leave under the Family and Medical Leave Act (FMLA) (or similar state law), they are not entitled to any additional time off and can be terminated if … Continue reading
Attention Portland Employers! Portland City Council to hold hearing on Proposed Mandatory Sick Leave Ordinance on January 31, 2013 at 2:00 p.m.
The City of Portland will hold a hearing at 2:00 p.m. January 31 at Portland City Hall (1221 SW Fourth Avenue) for public testimony on the City’s proposed Sick Leave ordinance. The proposed ordinance can be found here: Proposed Ordinance … Continue reading
Dunn Carney Attorney Joseph speaks at the 2013 NAHB International Builders’ Show
Dunn Carney attorney Bill Joseph will be speaking on two panels at the 2013 National Association of Home Builders International Builders Show on Jan. 22-24, 2013 in Las Vegas, Nevada. The first panel is The Hazards of Going Green: Green … Continue reading
Independent Contractor Law: Improper Classification Results in Assessment Against Employer
Many employers struggle with the concept of who can be classified as an independent contractor. The Oregon Employment Department has recently stepped up their scrutiny of such relationships, so employers need to be certain they do not run afoul of … Continue reading