New Oregon law gives employees bereavement leave

December 11, 2013 0 COMMENTS

by Calvin Keith

Oregon will become the first state in the nation to require employers to provide bereavement leave when House Bill 2950 takes effect January 1.

The new law allows for bereavement leave under the Oregon Family Leave Act (OFLA). The law applies to any employer with 25 or more employees in Oregon. Any employee of a covered employer who has been employed for more than 180 days at an average of 25 or more hours per week is entitled to take OFLA leave.

An employee may take up to two weeks of bereavement leave within 60 days of the date on which she receives notice of the death of a family member. “Family member” is defined as the employee’s spouse; same-sex domestic partner; biological, adoptive, or foster parent, child, grandparent, or grandchild; parent-in-law; or a person with whom the employee was in an in loco parentis relationship.

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Portland, Oregon, latest to adopt mandatory sick leave law

April 01, 2013 4 COMMENTS

by Calvin L. Keith

Portland, Oregon, has become just the fourth U.S. city to require that employers provide sick leave. The new ordinance goes into effect January 1, 2014. Here is a brief summary.

Who is covered?

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Six States Increase Indexed Minimum Wages for 2011

December 27, 2010 0 COMMENTS

As the new year approaches, a number of states will see index-driven increases to their minimum wage rates. Specifically, Arizona, Montana, Ohio, Oregon, Vermont, and Washington will each add around 10 cents per hour to their existing wage rates, based on an increase in the Consumer Price Index (CPI) of a little more than one percent from August 2009 to August 2010. Two other states, Florida and Missouri, have chosen not to adjust their indexed wages.

In Arizona, the state minimum wage will increase from $7.25 to $7.35 per hour and will remain at that rate throughout the next year. Tipped employees’ hourly wages also will increase 10 cents, from $4.25 to $4.35. The new minimum wage must be posted in an area where employees can read the poster, such as the break room.

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Oregon Court Says No to Medical Marijuana in the Workplace

April 16, 2010 1 COMMENTS

by Calvin Keith, Perkins Coie

For over 10 years, Oregon employers have been waiting for an answer to the question of whether they must accommodate a disabled worker’s use of medical marijuana. The Oregon Supreme Court’s April 14 decision in Emerald Steel Fabricators, Inc. v. Bureau of Labor and Industries answers that question with a resounding NO.

Emerald Steel terminated a temporary employee who, during the process of seeking permanent employment, disclosed that he used medical marijuana two to three times a day. The company said it didn’t have to accommodate a claimed disability by allowing the employee to use illegal drugs. It argued that position unsuccessfully before the Oregon Bureau of Labor and Industries and the Oregon Court of Appeals.

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EEOC Files Sexual Harassment Case Against Oregon Agriculture Employers

June 23, 2009 1 COMMENTS

The Equal Employment Opportunity Commission (EEOC) recently filed its third sexual harassment case in less than a year against Oregon agricultural employers. The most recent suit charges that sexual harassment and retaliation occurred at Willamette Tree Wholesale, a retail nursery with 140 acres of farmland and a garden supply store in Molalla, Oregon, where Latina workers were allegedly sexually harassed and threatened, and at least one woman was repeatedly raped.

Regarding the case, EEOC Regional Attorney William R. Tamayo said, “From California, where the fields were called ‘field de calzon’ (or ‘field of panties’) because so many supervisors raped women there, to Florida, where female farm workers call them ‘The Green Motel,’ and throughout the country, we have found women working in agriculture are often particularly vulnerable to sexual harassment. We hope this third Oregon lawsuit will send notice to employers in this industry to stop predatory sexual behavior and abuses of supervisor power.”

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