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 […]
Justice for Injured Worker
Attorney Richard Myers successfully represented an injured worker who was denied reemployment. The worker suffered a serious on-the-job injury and filed a workers’ compensation claim. Her claim was denied and the employer refused to restore her employment after she recovered from the injury. Myers represented the worker in a hearing on her workers’ compensation claim. […]
Arbitrator Rules that Educational Service District Violated the Contract by Failing to Treat Travel Time as Work Time
The Linn-Benton-Lincoln Education Service District provides services to 12 school districts across three counties. The majority of its certified employees are itinerant, providing services at various schools within the ESD. Most are headquartered in Albany. Travel time to school sites ranges from 15 minutes from headquarters to 2 hours away. Under past practice, travel time […]
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 Labor Ruling Expands Definition of “Joint Employer” in Browning-Ferris Industries of California
A landmark ruling by the National Labor Relations Board (NLRB) in the Browning-Ferris Industries of California case vastly expands the definition of corporate employee by redefining “joint employer,” providing additional protections for millions of workers. This decision is a win for workers because it expands the number of entities that can be considered joint employers […]
Arbitrator Rules that College Violated Contract Complaint Procedures
As part of his union duties, the Lane Community College Education Association (LCCEA) President sat on several College Councils, including the Diversity Council. In 2013 and early 2014 the Diversity Council was working on a cultural diversity training program which proposed required training for all LCCEA Faculty. The LCCEA president objected to the imposition of […]
Federal Court Finds School District Violated Teachers’ and Students’ First Amendment Rights
On the eve of a 2012 teacher strike, the Eagle Point School District adopted policies banning all signs and picketing activity on school property. The Eagle Point Education Association promptly notified the District that the policies were unconstitutional but the District refused to modify them. During the strike, the District strictly enforced its new policies […]
Retired Fire Fighters Win Increased Pension Benefits
Portland Fire Fighters are covered by the Portland Fire & Police Disability & Retirement (FPDR) Fund. The pension benefits of fire fighters who retired under an old FPDR pension system known as “FPDR One” were calculated based on current top step fire fighter base wages. After the Portland Fire Fighters Association negotiated an “apparatus operator” […]
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 […]
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