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 […]
Court Approves $2 million Settlement in Class Action Wage Lawsuit
BHMK in collaboration with attorneys from the Oregon Nurses Association successfully settled the class action lawsuit of Thanane v. Providence Health & Services – Oregon. The lawsuit alleged that Providence violated state and federal laws by withholding wages from employees. Specifically, BHMK attorneys argued that Providence managers fraudulently altered employee timecards to avoid payment of […]

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 […]

Arbitrator Finds Portland School District Violated High School Workload Contract Provisions
Attorney Margaret Olney has represented local associations throughout the state in efforts to protect their members from the constant pressure of being required to do more work for the same pay. Most recently, she won a second arbitration for the Portland Association of Teachers (PAT) relating to high school workload. The first arbitration arose in […]

Teacher Order Reinstated with Back Pay
The District sought to dismiss a special education teacher for poor performance and neglect of duty. Although she had always received excellent evaluations, the District placed her on a plan of assistance in December, based largely on concerns regarding her effectiveness managing two severely behaviorally challenged students during that school year. Before the plan started, […]

Board finds School District Engaged in Unfair Labor Practice By Failing to Restore School Days and Compensation
When the Medford School District received additional funding from the State but did not use that funding to restore school days and compensation in accordance with a Memorandum of Agreement (MOA) it had entered into with the Medford Education Association, the Association filed an unfair labor practice complaint with the Employment Relations Board. Aruna Masih […]

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 […]

PERS Data Verification
An employee entitled to PERS benefits was told by PERS that she would be receiving a certain amount in retirement benefits. The employee gave up her job and retired in reliance on the information provided by PERS. Several months after the employee retired, PERS told the employee that her retirement benefit amount was actually a […]

Initiative and Ballot Title Challenges
As anyone involved in ballot measure campaigns can attest to, the wording of the ballot title for a prospective initiative can make the difference in whether proponents will even gather signatures and, if the measure qualifies for the ballot, the difference between winning and losing a campaign. For almost 20 years, Margaret Olney has worked with […]

Contract Settled, Strike Averted
Security officers unit under ILWU contract issued a 10-day strike notice during the 30-day cooling-off period following final offers. The employer filed unfair labor practice charges and a petition to declare the strike unlawful with the Employment Relations Board, and a petition for an injunction against the strike in the Multnomah County Circuit Court, providing […]

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