National Labor Relations Board (NLRB): On January 25, 2017, Philip A. Miscimarra (R) appointed as acting chair to the NLRB. People’s World website reports that prior to 2013, Miscimarra worked for several law firms with a reputation for union-busting and as an NLRB Board member, he “consistently dissented from rulings favoring working people that have […]
Tenants Settle Claims of Habitability Violations
Attorney Richard Myers represented tenants who alleged that owners and managers of a 300-unit apartment building in downtown Portland failed to remedy habitability defects, including cockroach and bedbug infestations. The tenants began noticing insects shortly after moving into the building. The building managers ultimately allowed them to terminate their rental agreements without a penalty, but […]
SCOTUS to Decide Whether Title IX Compliance Requires Treating Transgender Students Consistent with Gender Identity
SCOTUS will hear oral arguments in Gloucester County School Board v. G.G. on March 28, 2017. The Department of Education issued a letter providing guidance that Title IX compliance requires schools to generally treat transgender students consistent with their gender identity … or schools could lose federal funding. The Gloucester County school board appealed of […]
Texas Court Prohibits Implementation of ACA Protections for the Transgender Community and Women Seeking Abortions
On December 31, 2016, Judge Reed O’Connor of the United States District Court for the Northern District of Texas entered an injunction to apply nationwide in Franciscan Alliance v. Burwell, Case No. No. 7:16-cv-00108-O. The order prohibits the Department of Health and Human Services (HHS) from enforcing the portions of the nondiscrimination rule under ACA […]
Arbitrator Orders Reinstatement of College Program Coordinator
An Oregon Community College with a very successful Medical Office Assistant training program moved the program out of one division into another because of a personal conflict between the Program Coordinator and the Dean of the Health Professions Division, who required the program to accept her husband as a candidate, but he then failed the […]
EEOC Issues Publication on the Rights of Job Applicants and Employees with Mental Health Conditions
In December 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued a resource document that explains workplace rights for individuals with mental health conditions under the Americans With Disabilities Act of 1990 (ADA). Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights explains that job applicants and employees with mental health […]
Oregon Could Become First Fair Scheduling State
Oregon is teed up to consider statewide legislation that would require employers to end the abusive practice of unpaid on-call hours and “random scheduling” and require compensation for shifts canceled at the last minute. The bill for Fair Scheduling, proposed by Sen. Michael Dembrow in late September 2016, is supported by Commissioner Steve Novick and […]
Arbitrator Rules that College Must Increase Pay to Accommodate Athletic Coach Workload Demands
Lane Community College (LCC) has a very successful Track and Field and Cross-Country programs, led by an experienced college coach. The programs have been quite successful and expanded in recent years, along with the coach’s responsibilities and workload. The collective bargaining agreement between LCC and the Lane Community College Education Association contains a provision allowing […]
EEOC Issues Final Enforcement Guidance on Retaliation and Related Issues after Public Input Process
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 […]
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 […]
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