Restrictions on use of background checks

New restrictions on use of criminal background checks in hiring are now in place. The new law in Oregon and the ordinance recently passed by the Portland City Council both went into effect on January 1, 2016. In popular language the legislation is referred to as “ban the box” legislation, referring to the box in [...]

By |2017-05-14T00:28:55+00:00May 10th, 2016|Background Checks, Ban The Box, Business Law, Criminal Background Checks, Employment Law, General|Comments Off on Restrictions on use of background checks

The Noncompetition Agreement in Oregon – an Overview

1. Introduction A noncompetition agreement in the employment context is a contract under which the employee agrees not to compete against the employer for a specified period, usually within a specified geographic area. Although a noncompetition agreement can be a separate agreement, non-competition clauses are sometimes part of a broader contract. The use of the [...]

Oregon Employees May Discuss Wages

In 2015 Oregon enacted House Bill 2007 which protects employee discussion of wages. The law applies to all employees, not only non-supervisory and non-managerial employees. The new law goes into effect January 1, 2016. Specifically, the new law provides: “It is an unlawful employment practice for an employer to discharge, demote or suspend, or to [...]

By |2017-05-14T01:04:38+00:00November 9th, 2015|Discrimination, Employment Law, Retaliation|0 Comments

Oregon Court of Appeals Noncompetition Law Update

Noncompetition Agreement Update – Oregon Court of Appeals: Employment Noncompetition Agreement voidable, but not void, under ORS 653.295 if employee not notified of noncompetition term two weeks prior to employment: That was the holding of Bernard v. S.B., Inc., 270 Or App 710 (2014). The employee in that case contended that a noncompetition agreement was [...]

By |2017-05-13T22:43:23+00:00July 27th, 2015|Employment Law|0 Comments

Do Not Overlook Whistleblower Laws

An employee is sometimes protected against retaliation for making reports of improper company conduct or improper conduct by another employee. While other laws pertaining to discrimination or retaliation may also apply, the key question in these cases is what constitutes whistleblowing. In Oregon, an employee may be protected for reporting either internally (within the company) or externally [...]

By |2017-05-13T22:49:01+00:00August 11th, 2011|Employment Law|0 Comments

Non-Solicitation Agreements Have Statutory Approval

While the Oregon legislature has severely restricted the use of noncompetition agreements in the employment context, under a law adopted effective January 1, 2008 (ORS 653.295), the law now specifically states that the restrictions do not apply to agreements “not to solicit employees of the employer or solicit or transact business with customers of the [...]

By |2017-05-13T22:59:45+00:00February 9th, 2009|Employment Law|0 Comments