This section provides an overview of all Employment Law publications.

Oregon Case Updates

• New Posting Requirement in Effect on January 31, 2012

  Tuesday, November 01, 2011
  
  

• 2011 Oregon Employment Legislative Summary: Recent Changes in Labor & Employment Law

  Thursday, September 01, 2011
  
  

• Supreme Court Strikes Down Wal-Mart Employees’ Nationwide Gender Discrimination Class Action

  Wednesday, July 27, 2011
  
  

• Medical Leave is Not a Guessing Game

  Thursday, May 26, 2011
  
  

• Ninth Circuit Says Pharmaceutical Sales Reps are “Outside Salesman” Under FLSA Even Though Job was Solicitation of Non-Binding Commitments on Behalf of Employer

  Monday, May 16, 2011
  
  

• No, You May Not Be Excused: Federal Appeals Court Upholds Employer’s Right to Terminate Employees for Violation of Call-in Rules Even While on FMLA Leave

  Wednesday, April 27, 2011
  
  

• Pre-Employment Drug Test Policies can be Equally Applied to Recovered Drug Addicts without Violating ADA

  Tuesday, April 05, 2011
  
  

• Not so fast! Ill-timed Termination Proves Costly for Employer

  Friday, March 11, 2011
  
  

• NLRB Settles Case Against Employer Who Fired Employee for an After-Hours Facebook Rant About Her Supervisor

  Wednesday, March 09, 2011
  
  

• Reporters Are Not Overtime Exempt Creative Professionals

  Monday, November 15, 2010
  
  

• EEOC Pursues Obesity Discrimination Case

  Wednesday, October 27, 2010
  
  

• Beware of the Cat’s Paw… Helping You Avoid Theory of Employment Discrimination Liability Pending U.S. Supreme Court Ruling

  Friday, September 24, 2010
  
  

• Not Every Man’s Dream…Employers Should Enforce Their Anti-Harassment Policies Regardless Of the Complaining Employee’s Gender

  Tuesday, September 21, 2010
  
  

• “I’m Feeling Better and Want My Job Back”: When Must an Employer Reinstate or Remploy an Injured Worker?

  Sunday, September 05, 2010
  
  

• 9th Circuit Court of Appeals Explains that All People Who Engage in Sexually Explicit Speech Are Not Necessarily the Same

  Saturday, August 28, 2010
  
  

• Is Your Business in Compliance with the New Law Restricting Employer Use of Employee Credit History?

  Tuesday, August 03, 2010
  
  

• Employer Has No Onus to Pay Bonus to Terminated Employee

  Friday, June 25, 2010
  
  

• Title VII Suits: When Does the Statute of Limitations Begin?

  Friday, June 04, 2010
  
  

• Employees Have No Private Right of Action for Unprovided Rest or Meal Breaks

  Tuesday, December 29, 2009
  
  

• An Employee Hired Directly Held Not To Qualify as a “Temporary Worker,” Thus Insurer Had No Duty to Defend

  Thursday, September 10, 2009
  
  

• Rejected Offers of Judgment Must be Filed to Eliminate Plaintiff's Entitlement to Attorney Fees

  Wednesday, December 03, 2008
  
  

• Court Reduces Punitive Damages Award

  Wednesday, September 10, 2008
  
  

• Workers’ Compensation Fee Schedule and PIP

  Monday, July 07, 2008
  
  

• No Private Right of Action for Employer's Violation of Rest Period Requirements

  Thursday, May 15, 2008
  
  

• Jury Instruction that Non-Party is Immune from Liability Held Improper

  Sunday, October 07, 2007
  
  

• Employer’s Liability Law (OR 654.305 et seq.)

  Saturday, November 05, 2005
  
  

Washington Case Updates

• Employment Update: The Latest on Social Media in the Workplace

  Saturday, October 01, 2011
  
  

• Washington Employees are Entitled to Additional Pay for Missed Breaks

  Saturday, October 01, 2011
  
  

• New Posting Requirement in Effect on January 31, 2012

  Thursday, September 01, 2011
  
  

• Vicarious Liability for Unauthorized Passengers

  Thursday, February 24, 2011
  
  

• The SCRA Makes Knowing the Military Status of all Parties to a Suit Critical

  Thursday, March 05, 2009
  
  

• Liability for Negligent Hiring

  Monday, August 18, 2008
  
  

• Attorney Fees Awards Under Indemnification Clauses

  Tuesday, April 29, 2008
  
  

• Sales Records of Asbestos Containing Materials Enough to Establish Exposure

  Friday, March 02, 2007
  
  

• Language in Contractor’s Liability Policy Held Unambiguous

  Tuesday, December 26, 2006
  
  

• Employer Liability: "Borrowed Servant Doctrine"

  Thursday, October 26, 2006
  
  

Publications

• White Paper: Basic Guidelines for Responding to Internal Harassment Complaints

  Monday, July 11, 2011
  posted by: Amy A. Robinson
  

• White Paper: I Think I’m Gonna be Sick! Dealing with Employee Absences For Personal Health Reasons: Part Two: Mandatory Leave Under the ADA And State Disability Laws

  Friday, July 08, 2011
  posted by: Amy A. Robinson
  

• White Paper: I Think I’m Gonna be Sick! Dealing with Employee Absences For Personal Health Reasons Part 1: Mandatory Leave Under The FMLA, OFLA, And WFLA

  Thursday, July 07, 2011
  posted by: Amy A. Robinson
  

• White Paper: Social Media in the Workplace

  Thursday, May 05, 2011
  posted by: Amy A. Robinson
  

• Investigating Discrimination Claims - Portland Business Journal

  Sunday, May 01, 2011
  posted by: Brian K. Weeks
  

• Employment Laws Applicable to Oregon Dental Practices

  Wednesday, November 17, 2010
  posted by: John M. Kreutzer
  

• Avoiding Retaliation Claims - Portland Business Journal

  Wednesday, November 17, 2010
  posted by: Brian K. Weeks
  

• White Paper: How to Avoid The Two Most Dangerous and Expensive Types of Worker Misclassifications

  Friday, November 05, 2010
  posted by: John M. Kreutzer
  

• White Paper: How to Avoid The Two Most Dangerous and Expensive Types of Worker Misclassifications

  Wednesday, September 08, 2010
  posted by: John M. Kreutzer
  

• The Case of the Bake Sale Security Guard: The Current Status of Intentional Infliction of Emotional Distress Law in Oregon

  Thursday, June 24, 2010
  posted by: John M. Kreutzer
  

• The Case of the Negligent Pizza Delivery Boy: Recent Developments in Vicarious Liability for Franchisors

  Thursday, June 24, 2010
  posted by: Starla J. Goff
  

• “Mean Girls” at Work: Employer Liability for IIED

  Thursday, June 10, 2010
  posted by: Sean P. Ray, Lance A. Brooks
  

• Litigators Need to Argue a Central Theme at Jury Trials - Portland Business Journal

  Thursday, April 15, 2010
  posted by: Jeffrey D. Eberhard
  

• Noncompetition Agreements in Oregon: The Basics Every Employer Must Know

  Tuesday, January 19, 2010
  posted by: John M. Kreutzer
  

Newsletters

Presentations

• Webinar: The Perils of Employee Misclassification

  Tuesday, November 01, 2011
  posted by: Amy A. Robinson, Brian K. Weeks
  

• Social Media in the Workplace

  Friday, July 22, 2011
  posted by: John M. Kreutzer, Starla J. Goff
  

• You're Hired! DO's and DON'Ts from Recruiting to Placement

  Monday, June 27, 2011
  posted by: Amy A. Robinson, Brian K. Weeks
  

• How to Say You're Fired (And Not Get Sued)

  Wednesday, February 23, 2011
  posted by: John M. Kreutzer, Brian K. Weeks
  

• Employers: How NOT to Get Sued

  Thursday, October 28, 2010
  posted by: John M. Kreutzer, Starla J. Goff
  

• Smith Freed & Eberhard Website Tutorial

  Wednesday, August 11, 2010
  posted by: Justin R. Wickizer
  

• Vendor or Partner?

  Thursday, April 01, 2010
  posted by: Jeffrey D. Eberhard
  

Summary of Law

• 2011 Employment Law Summary

  Tuesday, March 01, 2011
  posted by: John M. Kreutzer, Starla J. Goff
  

 

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