Recently, several of my colleagues have written articles on employment law issues, ranging from best hiring practices to Oregon's new minimum-wage laws. Since employment issues are prevalent in all industries, including development, it dawned on me that I should capture and consolidate a few of these resources from time to time and share them on this blog. Below are three recent articles that you might find useful to your business.
Hiring a Valuable New Employee, or Buying a Lawsuit? Simple Steps Help Avoid Being Dragged Into Claims Based on Hiring (April)
by Bruce Rubin
We’ve seen an increase in lawsuits against a company by another company based on hiring the other company's former employee. These arise when the employee agreed with the former employer not to engage in various activities. The employee may be restricted from competing, prohibited from soliciting the former employer's employees or customers, and subject to strict confidentiality provisions. Read more >>
"Show Me the Money!" New Oregon Laws Require Higher Pay and More Transparency (March)
by Naomi Haslitt & Sharae Wheeler
Under two new wage laws, Oregon employers will have to comply with three separate minimum wages as of July 1, 2016, depending on the employer’s location, and then will have to provide all employees with additional information about how that pay was calculated, effective January 1, 2017. Oregon's Bureau of Labor and Industries ("BOLI") recently announced its intent to propose rules that will hopefully remove the confusion about which of the three new state minimum wages, initially ranging from $9.50 to $9.75, applies to which employee, many of whom work and travel between all three minimum wage districts. Once employers are told how to calculate the appropriate minimum wage, they will have to provide all employees with additional information on their pay under legislation waiting for the governor’s signature. Read more >>
Look Up and Down and All Around—Department of Labor Guidance Emphasizes "Vertical" and "Horizontal" Joint Employment for Wage-and-Hour Liability (February)
by Michael Porter & Kellen Norwood
The United States Department of Labor's Wage & Hour Division ("WHD") recently released an Administrative Interpretation (the "AI") regarding standards for determining joint employment under the Fair Labor Standards Act ("FLSA"). This means that some entities that don't consider themselves an individual's employer could be considered an employer for purposes of wage-and-hour laws. If that happens, an entity may be liable for violations of minimum-wage or overtime requirements even though it currently doesn't think it is employing individuals making the claim. Although WHD indicated that it sees violations "in all industries," WHD intends to focus on the construction, agricultural, janitorial, warehouse and logistics, staffing, and hospitality industries. Read more >>
