On August 29, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued its final Enforcement Guidance on Retaliation and Related Issues, to replace its 1998 Compliance Manual section on retaliation. The guidance also addresses the separate “interference” provision under the Americans with Disabilities Act (ADA), which prohibits coercion, threats, or other acts that interfere with […]
Category: Featured Stories
Summary of Recent FLSA Amendments
In May 2016, the Department of Labor enacted several important changes to the Fair Labor Standards Act (FLSA) relating to overtime-exempt employees. These amendments substantially expand the number of salaried workers that will be able to claim overtime wages. These new rules go into effect on December 1, 2016. It is important for unions and […]
Naturopathic Physicians and Their Patients File Discrimination Lawsuit
BHMK filed a class action lawsuit on behalf of naturopathic physicians and their patients. The lawsuit alleges that two insurance companies—Health Net Health Plan of Oregon, Inc., and American Specialty Health Group, Inc.—violated the Patient Protection and Affordable Care Act (“ACA”) by discriminating against naturopathic physicians. The ACA mandates non-discriminatory health care with the goal […]
Federal Law on Workplace Non-Discrimination Now Protects Against Sexual Orientation Discrimination
The EEOC has finally issued a ruling that sexual orientation workplace discrimination is illegal under federal law – the Civil Rights Act of 1964. This provides litigants an additional source of protection and cause of action against employers discriminating on the basis of their sexual orientation. The EEOC found that although the Act does not […]
BREAKING: U.S. Department of Labor Guidance on Broad Interpretation of Employee for Fair Labor Standards Act
On Wednesday, July 15, 2015, the U.S. Department of Labor issued guidance on how to distinguish between employees and independent contractors. Employee misclassification is and has been a serious problem for workers seeking to make a living as employers seek to classify them as independent contractors, depriving them of overtime pay and benefits, such as […]
Oregon Supreme Court Protects PERS Benefits
For over two decades Greg Hartman has represented a coalition of public sector labor unions in protecting the rights of members under Oregon’s public employee retirement system. This representation has involved not only litigation but multiple appearances before the Oregon legislature as well as before the Public Employee Retirement Board. Greg has handled several cases […]
Special Post: Challenges to Fair Share
It is no secret that many members of the United States Supreme Court are extremely hostile to unions. In Knox v. SEIU, 132 S. Ct. 2277 (2012), the Court held that the Union failed to follow the proper procedures when it increased its dues and fair share fees for political purposes related to several hotly […]
Oregon Workers’ Compensation Board Affirms Second Firefighter Cancer Claim
Nearly two years to the day after an Oregon firefighter was diagnosed with testicular cancer the Workers’ Compensation Board (WCB) affirmed an Administrative Law Judge’s finding that the firefighter’s cancer was work–related. Attorney Nelson Hall of Bennett Hartman Morris & Kaplan represented the firefighter. The firefighter filed a workers’ compensation claim with SAIF in 2010 […]
Court Rules That Employer May Not Thwart Strike
In the first known ruling of its kind in Oregon, Multnomah County Circuit Judge Wittmayer rejected an attempt to prevent a public employee strike at the Port of Portland. The Port filed for an emergency injunction on the morning of Wednesday, November 21, 2012 to prevent a strike by Port marine terminal security guards represented […]
City Not Entitled to Recoup Overpaid Pension Benefits by Self-Help
After the City of Portland discovered a 15-year-old error in its pension payment calculations for public safety members of the Fire Police Disability and Retirement Fund, the City tried to get back overpayments totaling more than $3 million, by taking it directly out of Fire and Police Pension benefits, without giving members a chance to […]