Employment Law in Motion
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HIPAA Does Not Excuse Compliance with Legitimate Employer Medical Documentation Rule
The Oregon Court of Appeals recently issued an opinion in Trumper v. Women’s Healthcare Associates, LLC confirming that the privacy protections afforded by the Health Insurance Portability and Accountability Act (HIPAA) do not excuse or supersede com...
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The Oregon Court of Appeals Clarifies Consequences for Shortened Meal Periods
The Oregon Court of Appeals issued an opinion in Athena v. Pelican Brewing Co., et al. on November 26, 2025, confirming that when hourly employees do not receive a full 30‑minute, duty‑free meal period, the missed time is treated as regular, unpaid w...
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Severance Programs and ERISA: What Employers Need to Know
Before employers roll out a new severance program, they should ask one additional question: Are we unintentionally creating an ERISA plan?
The more administratively complex a severance program is, the more likely it is to fall under the Employee Ret...
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Webinar: Workplace Investigations on the Rise in the Construction Industry
Construction employers face unique challenges when responding to workplace complaints, from rotating crews and multiple employers on a single jobsite to informal, fast-paced communication that can allow issues to escalate quickly. Yet employers rem...
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Ninth Circuit Again Affirms Employer’s Religious Freedom Rights
Last month, the Ninth Circuit Court of Appeals furthered a trend of ruling favorably for religious organization employers in Union Gospel Mission of Yakima v. Brown. In a case specific to Washington, the Ninth Circuit interpreted how the Washington L...
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Ninth Circuit Court of Appeals Weighs in on Washington School District Employee’s First Amendment Free Speech Protections
A middle school assistant principal was demoted to a teaching position after his Facebook post containing slurs and violent language relating to the Democratic National Convention. The Ninth Circuit Court of Appeals held that the speech was protected...
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