Author Info for Stoel Rives - World of Employment

Emily Atmore

Federal Court strikes down FTC rule that would have banned non-competition agreements starting September 4

On Tuesday, August 20, a federal judge in Texas shot down the Federal Trade Commission’s rule banning noncompete agreements (“the Rule”) that was set to take effect September 4. This means that the FTC cannot enforce the Rule… more

Employer Liability Issues, Employment Contract, Federal Labor Laws, Federal Trade Commission (FTC), Hiring & Firing

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Bethany Bacci

HDHPs Can Provide No Cost COVID-19 Testing and Treatment

Washington Health Benefit Exchange Announces Special Enrollment Period - Today, the IRS issued Notice 2020-15 clarifying that high-deductible health plans (HDHPs) may provide benefits associated with testing and treatment of… more

Coronavirus/COVID-19, Cost-Sharing, Deductibles, HDHPs, Health Insurance

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Kyndall Banales

California Court of Appeal Confirms the Legality of Prospective Meal Period Waivers

In Bradsbery v. Vicar Operating, Inc., a California Court of Appeal answered a question that many California employers may not have known even needed to be answered—whether California employees can prospectively waive their… more

Appeals, California, Class Action, Employee Rights, Employer Responsibilities

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Brenda Baumgart

Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADA

The U.S. Court of Appeals for the Ninth Circuit, the federal appellate court with jurisdiction over much of the western United States (including Washington, Oregon, California and Idaho), ruled last week that an employee’s… more

Americans with Disabilities Act (ADA), Corporate Counsel, Disability Discrimination, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC)

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Adam Belzberg

Recent National Labor Relations Board Activity Signals Shift for Employers

In the most recent indication of what employers can expect from the National Labor Relations Board under President Trump’s second term, the acting General Counsel for the Board, William Cowen, recently rescinded a series of… more

Employee Rights, Employment Policies, Labor Reform, NLRB, Non-Compete Agreements

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John Dudrey

Federal Contractor Alert

The VETS-4212 filing period for federal contractors opened last week on August 1, 2025, and closes on September 30, 2025… more

Department of Labor (DOL), Federal Contractors, Filing Deadlines, Reporting Requirements, Subcontractors

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Rachel Gale

Federal Contractor Alert

The VETS-4212 filing period for federal contractors opened last week on August 1, 2025, and closes on September 30, 2025… more

Department of Labor (DOL), Federal Contractors, Filing Deadlines, Reporting Requirements, Subcontractors

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Brent Hamilton

Federal Contractor Alert

The VETS-4212 filing period for federal contractors opened last week on August 1, 2025, and closes on September 30, 2025… more

Department of Labor (DOL), Federal Contractors, Filing Deadlines, Reporting Requirements, Subcontractors

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Todd Hanchett

Federal Court strikes down FTC rule that would have banned non-competition agreements starting September 4

On Tuesday, August 20, a federal judge in Texas shot down the Federal Trade Commission’s rule banning noncompete agreements (“the Rule”) that was set to take effect September 4. This means that the FTC cannot enforce the Rule… more

Employer Liability Issues, Employment Contract, Federal Labor Laws, Federal Trade Commission (FTC), Hiring & Firing

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Bryan Hawkins

California Court of Appeal Confirms the Legality of Prospective Meal Period Waivers

In Bradsbery v. Vicar Operating, Inc., a California Court of Appeal answered a question that many California employers may not have known even needed to be answered—whether California employees can prospectively waive their… more

Appeals, California, Class Action, Employee Rights, Employer Responsibilities

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Melissa Healy

Federal Contractors – Reminder to Certify Affirmative Action Programs

Federal contractors and subcontractors must certify the status of their Affirmative Action Programs (AAPs) to the Office of Federal Contract Compliance Programs (OFCCP) by July 1, 2024… more

Affirmative Action, Certification Requirements, Department of Labor (DOL), Federal Contractors, OFCCP

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Karin Jones

$1.65 Million “Advisory” Jury Award in Idaho Employment Case

An advisory jury’s substantial front pay award to a plaintiff in a retaliation case was drastically reduced by the judge… more

#MeToo, Anti-Harassment Policies, Corporate Culture, Employee Training, Employer Liability Issues

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Ryan Kunkel

DOL Signals Business Friendly Independent Contractor Standard: What Employers Need to Know

The U.S. Department of Labor (DOL) recently stated that it will not enforce an employee-friendly independent contractor rule implemented by the Biden administration in 2024 (“Biden Rule”). The Biden Rule made it more difficult… more

Biden Administration, Department of Labor (DOL), Employment Litigation, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Kirk Maag

Expanding Overtime to Farmworkers: Will California Start a Trend?

On September 12, 2016, California Governor Jerry Brown signed AB 1066. The bill, which is the first of its kind in the nation, will entitle California farmworkers to the same overtime pay as most other hourly workers in… more

Agricultural Workers, Corporate Counsel, Fair Labor Standards Act (FLSA), Farm Workers, Farms

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Dominik Mackinnon

Supreme Court Rules That “Substantial Burden” Is Required to Establish Undue Hardship for Religious Discrimination Claims Under Title VII

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… more

Civil Rights Act, De Minimus Doctrine, Employer Liability Issues, Groff v DeJoy, Human Resources Professionals

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Krista McIntyre

Employment Law in an ESG World: The Activision Blizzard Story

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… more

Corporate Culture, Employer Liability Issues, Employment Policies, Environmental Social & Governance (ESG), Equal Employment Opportunity Commission (EEOC)

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Timothy O'Connell

Supreme Court Blocks OSHA’s Vaccine-or-Test Mandate but Allows CMS Vaccination Mandate for Most Health Care Workers

Today, the Supreme Court blocked the Biden Administration’s vaccine-or-test mandate for large employers, known as the Emergency Temporary Standard (“ETS”), which we wrote about here. The Court held that the federal agency that… more

Biden Administration, Biden v Missouri, Centers for Medicare & Medicaid Services (CMS), Constitutional Challenges, Coronavirus/COVID-19

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Karen O'Connor

Executive Order Seeks to Repeal Disparate Impact Liability

On April 23, 2025, President Trump issued a new executive order aimed at repealing disparate impact liability. The order, titled “Restoring Equality of Opportunity and Meritocracy”, frames equal treatment under the law as… more

Department of Justice (DOJ), Disparate Impact, Employment Discrimination, Employment Policies, Equal Employment Opportunity Commission (EEOC)

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Jenny Palmer

Navigating the Pregnant Workers Fairness Act – What Employers Need to Know

The Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations to pregnant workers and protects workers from discrimination and retaliation for seeking accommodations. The PWFA has been in… more

Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

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Willa Perlmutter

Oregon OSHA Releases Near Final Draft of its COVID-19 Standard

Oregon OSHA has released its “Near Final Draft” of a COVID-19 Temporary Standard. This proposed new regulation sets forth a number of new rules for how an employer must operate in order to prevent the spread of COVID-19 and… more

Coronavirus/COVID-19, Employer Liability Issues, Oregon, OSHA, Personal Protective Equipment

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Laura Rosenbaum

What to Know About Recent Non-Compete and Salary Basis Changes in Light of Expected Legal Challenges

Two administrative agencies within the federal government have been busy lately publishing new rules that govern important aspects of employers’ relationships with their employees. Read more below for further updates… more

Department of Labor (DOL), Employer Liability Issues, Fair Labor Standards Act (FLSA), Human Resources Professionals, Minimum Salary

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Robert Sarkisian

California Court of Appeal Confirms the Legality of Prospective Meal Period Waivers

In Bradsbery v. Vicar Operating, Inc., a California Court of Appeal answered a question that many California employers may not have known even needed to be answered—whether California employees can prospectively waive their… more

Appeals, California, Class Action, Employee Rights, Employer Responsibilities

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Audrey Scholer

Navigating the Pregnant Workers Fairness Act – What Employers Need to Know

The Pregnant Workers Fairness Act (PWFA) requires employers to provide reasonable accommodations to pregnant workers and protects workers from discrimination and retaliation for seeking accommodations. The PWFA has been in… more

Employee Rights, Employees, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Federal Labor Laws

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Matthew Segal

The DEI Executive Order: Preparing for Federal Oversight and Compliance Risks

On January 21, 2025, the White House announced an Executive Order entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The Order instructs federal agencies to take administrative and legal action… more

Anti-Discrimination Policies, Civil Rights Act, Department of Justice (DOJ), Diversity and Inclusion Standards (D&I), Employment Litigation

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James Shore

Federal Appeals Court Affirms NLRB Decision Requiring Employer to Reinstate Employee Who Wrote “Whore Board” on Mandatory Overtime Sign-Up Sheet

The United States Court of Appeals for the District of Columbia Circuit recently affirmed a National Labor Relations Board (“NLRB”) decision requiring an employer to reinstate an employee whom it terminated after he wrote “whore… more

Employer Liability Issues, Employment Policies, Hiring & Firing, Human Resources Professionals, NLRA

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Matthew Tellam

Governor Kotek Signs New Law Amending Oregon Leave Laws

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… more

Employee Benefits, Employees, Family Medical Leave, Human Resources Professionals, Oregon

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Andrea Thompson

EUA Status Does Not Prohibit Employers from Requiring the COVID Vaccine; Seven Factors for Employers to Consider When Considering a Mandatory Vaccination Policy

While many employers initially were hesitant to institute mandatory COVID vaccinations, the recent surge driven by the Delta variant and announcements from large organizations—including the U.S. military, United Airlines, and… more

Coronavirus/COVID-19, Department of Justice (DOJ), Employer Liability Issues, Employment Policies, Equal Employment Opportunity Commission (EEOC)

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Christopher Wall

U.S. Department of Labor Repeals Trump-Era Rule Favoring Independent Contractor Status, as Expected

As expected, the U.S. Department of Labor (DOL) has repealed the Trump-era rule regarding classification of independent contractors. As we discussed here, the Trump-era rule codified the “economic realities test” for use when… more

Department of Labor (DOL), Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA), Federal Labor Laws

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Stoel Rives - World of Employment

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