A Multnomah County jury gave a verdict in favor of a former employee of MindRite, a cannabis dispensary in Northwest Portland. In August 2017 the employee complained to the owners of MindRite that her male coworkers were sexually harassing customers and colleagues. After reporting the sexual harassment, the employee also told an owner of MindRite […]
Union Members File Constitutional Challenge to SB 1049
On August, 9, 2019, Aruna Masih and Greg Hartman of Bennett Hartman filed a petition with the Oregon Supreme Court on behalf of nine public employees who are union members challenging the constitutionality of SB 1049. The petition alleges that the SB 1049 cuts to Individual Account Program (IAP) benefits and salary cap constitute an […]

Court of Appeals Upholds Union’s Right to Arbitration
TriMet, a public mass transit agency, refused to arbitrate a grievance filed by the Amalgamated Transit Union Local 757, concerning a decision to enter into contracts with nonunion shuttlebus companies. TriMet receives federal grant funds which it passes on to nonprofit shuttlebus operators. When TriMet contracted with a non-union operator, the union claimed a violation […]

Judges who wed couples can’t refuse same-sex unions, ABA ethics opinion says
Judges who perform marriages may not refuse to perform marriages for same-sex couples, according to a recently released formal ethics opinion from the American Bar Association’s Standing Committee on Ethics and Professional Responsibility. Judges not only must follow the law but also must act impartially and free from bias or prejudice, the opinion says. Formal […]

Fair Dismissal Appeals Board Orders Reinstatement of Teacher
A school district terminated a teacher who had been arrested for being under the influence and possession of a narcotic. That arrest was prominently displayed in the local paper. That teacher had excellent evaluations and there had never been any issues at work related to her substance abuse. While the teacher successfully participated in a […]

Arbitrator Orders Reinstatement of Speech Language Pathologist
In this case, an Educational Service District terminated a well-respected speech language pathologist with no history of discipline for “theft of services.” The dispute arose because the educator often worked away from her assigned work space, which is extremely noisy and distracting. As a professional who had historically travelled from work site to work site, […]

Ninth Circuit Rules on Uber Ordinance in Seattle
On May 11, 2018, in the case of Chamber of Commerce v. Seattle, the Ninth Circuit Court of Appeals addressed whether the Seattle ordinance that created collective bargaining rights for Uber/Lyft drivers is preempted by federal antitrust law or the National Labor Relations Act (NLRA). The Ninth Circuit found that NLRA preemption did not prevent […]

Oregon LERA Presents on The 2017 Equal Pay Act, June 5th
Understanding, Implementing, & Monitoring The 2017 Equal Pay Act June 5 in Portland and by video conference in Springfield View panelists, agenda and register today by clicking here. Please join Oregon LERA for a timely program on the 2017 amendments to the Oregon Equal Pay Act to go into effect January 1, 2019. The panel will […]

Greg Hartman Honored by Oregon State Fire Fighters Council
Greg Hartman was honored by the Oregon State Fire Fighters Council for his commitment to the cause and over 35 years of service representing PERS members in their fight to preserve pension benefits before the legislature and the courts in Oregon.

US Supreme Court Reverses Course on Narrowly Construing the Fair Labor Standards Act: Encino Motorcars, LLC v. Navarro
On April 2, 2018, the Supreme Court handed down a decision reversing its practice of narrowly construing exemptions under the Fair Labor Standards Act (FLSA), stating that the Court “reject[s] this principle as a useful guidepost for interpreting the FLSA.” In Encino Motorcars, LLC v. Navarro, No. 16-1362 (U.S. Apr. 2, 2018), the Court held […]

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