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A few weeks ago, Vermont Senator Bernie Sanders announced a bill to implement a 32-hour workweek.  While such a law is a long way from becoming a reality, it does raise interesting questions concerning exactly what a 32-hour workweek would look like, especially in California. Before engaging in this thought experiment one thing should be made clear – most jurisdictions in the United States are “at-will” employment states, meaning either party has the ability to terminate the employment relationship for any lawful purpose.  Relatedly, employers have the ability to schedule employees t ..read more

On March 21, 2024, Oregon Governor Tina Kotek signed into law Senate Bill 1515, amending the Oregon Family Leave Act (“OFLA”) and the Paid Leave Oregon program (“PLO”). The bill is intended to better align the OFLA and PLO.  This alert highlights the most significant OFLA and PLO changes, which will take effect July 1, 2024. The law makes significant changes to OFLA.  Before SB 1515, several types of leave – including parental leave and leave for the serious health condition of an employee or the employee’s family member – were covered by OFLA, PLO, and the federal Family Medical Lea ..read more

Environmental, Social, and Governance (“ESG”) principles are becoming increasingly prominent tools for managing risk and creating value in the corporate world. ESG-focused decision making can define business priorities that support a company’s financial goals and long-term enterprise sustainability. ESG-focused leaders can help companies identify business risks and opportunities, then implement and maintain responsive, responsible, and measurable forward-looking business practices. While the “E” and “G” in ESG have received much attention, the “S” factor is also significant for leading sustain ..read more

An advisory jury’s substantial front pay award to a plaintiff in a retaliation case was drastically reduced by the judge. Last fall, a jury sat for a five-day trial in federal court in Boise, Idaho. The plaintiff had brought claims of sex discrimination, harassment, and retaliation against her former employer. She brought these claims under both federal law, the Civil Rights Act of 1964 (“Title VII”), and state law, the Idaho Human Rights Act (“IHRA”). By the time the case went to trial, two questions remained for the jury: Did the plaintiff prove her retaliation claim under state and federal ..read more

Introduction With its decision in Adolph v. Uber Technologies, Inc. (“Adolph”) the California Supreme Court has reignited the debate surrounding arbitration agreements containing waivers of an employee’s right to bring a representative action under California’s Private Attorneys General Act (“PAGA”).  This ruling, which challenges the earlier decision by the U.S. Supreme Court in Viking River Cruises, Inc. v. Moriana (“Viking River Cruises”), marks a significant shift back in favor of employees and their ability to pursue PAGA claims notwithstanding the existence of a written waiver.  ..read more

In a unanimous opinion issued last Thursday, the U.S. Supreme Court clarified the standard that employers must use to measure the burden of an employee’s religious accommodation request.  The case is Groff v. DeJoy, No. 22-174. Title VII requires employers to accommodate employees whose sincerely held religious beliefs conflict with an employment requirement or policy, unless doing so would impose an undue hardship on the conduct of the employer’s business.  For decades, courts have relied on the case Trans World Airlines, Inc. v. Hardison, 432 U.S. 63 (1977), to find that anything m ..read more

Senate Bill 999, designed to align Paid Leave Oregon (PLO) with the Oregon Family Leave Act (OFLA), passed the Oregon Legislature on June 1, 2023, and is expected to be signed by Governor Kotek shortly. The bill makes the following changes: Rolling Forward Leave Year: Effective July 1, 2024, employers must use a “rolling forward” leave year for purposes of determining OFLA eligibility. The “rolling forward” leave year is defined as a consecutive 52-week period, beginning on the Sunday immediately preceding the date on which family leave commences. For example, for an employee starting parental ..read more

On May 10, 2023, the Oregon Health Authority (“OHA”) announced that, effective May 11, it is suspending the statewide rule requiring that health care workers be fully vaccinated against COVID-19 unless they have an approved medical or religious exception. The news coincides with the end of the federal public health emergency on May 11, along with the anticipated end of the federal COVID-19 vaccination mandate for health care facilities certified by the Centers for Medicare and Medicaid Services (“CMS”). The OHA stated that immediate suspension of the rule is necessary “to align with ..read more

Oregon’s paid leave program (providing up to 12+ weeks of paid family, medical, and safe leave to eligible employees per leave year) will be here soon. Almost all businesses with employees in Oregon are required to participate in the state program, unless they have an approved equivalent plan (which can be either administered by the employer or through an insurance company). The following deadlines are coming soon: November 30, 2022: Date by which employers seeking to obtain approval for an equivalent plan should submit their Equivalent Plan Application or file a Declaration of Intent wit ..read more