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Aug 27 2026
Labor RelationsTermination & Resignation

NLRB allows employer to ban BLM messaging on clothing

The National Labor Relations Board recently ruled that Whole Foods didn’t violate federal law by prohibiting its employees from wearing Black Lives Matter (BLM) messaging on their work uniforms or face masks. The case arose in mid-2020 when workers at several stores began wearing BLM-themed masks, shirts, and other clothing to show solidarity with social…

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Aug 10 2026
Leave LawsOregonSafety and Health

Oregon wildfire emergency shrinks OFLA eligibility period

The Oregon Bureau of Labor and Industries (BOLI) recently announced that when Governor Tina Kotek declared a statewide emergency due to wildfires on June 15, 2026, it triggered a reduction in the length of time an individual must be employed in order to be eligible for leave under the Oregon Family Leave Act (OFLA). Normally…

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Aug 07 2026
Wage and Hour

DOL addresses commuting pay after work from home

The U.S. Department of Labor (DOL) has issued two opinion letters addressing whether employees who perform work at home are entitled to pay for mid-day travel to their office or to a client location. Based on the facts cited in the first letter, the DOL determined that no pay was due under the federal Fair…

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Jul 24 2026
Wage and Hour

Q&A: Covered employer for WARN Act not so simple

Question: We employ 110 employees, all at a single facility, and unfortunately need to cut 55 jobs. I understand the federal WARN Act applies to employers with 100 or more employees, but new hires and part-time workers don’t count toward that total. How are those defined? Answer: Your basic understanding is correct, but there are…

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Jul 02 2026
Harassment & DiscriminationTermination & Resignation

Jury to decide if employees were fired for harassment or religion

The U.S. Ninth Circuit Court of Appeals recently ruled that a jury should decide whether an airline’s firing of two Christian flight attendants for objecting to the company’s support of proposed federal legislation, the Equality Act, was truly for violating its policy against harassment and discrimination or whether the real reason was religious discrimination. The…

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Apr 02 2026
Employee ClassificationsWage and Hour

Q&A: Managers have to mostly manage, or lose overtime exemption

Question: A store manager who recently quit is now demanding a huge amount of overtime pay, claiming that they spent most of their time doing nonmanagement tasks. We classify all of our store managers as exempt from overtime. What is our exposure? Answer: The answer will depend heavily on all of your store managers’ normal…

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Dec 06 2025
Wage and Hour

Timing of paydays may bring an extra pay period in 2026 or 2027

If you pay your employees on a weekly or bi-weekly basis, the 2026 or 2027 calendars may include an “extra” payday. Many employers pay employees every week (usually 52 paydays per year), or every other week (usually 26 paydays per year). These regular paydays account for 364 days each year. But, since there are actually…

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Sep 05 2025
DisabilityHarassment & DiscriminationSafety and Health

Lack of individual ADA assessment costs employer nearly $27M

A federal district court in Oregon recently awarded $26,952,863, including $25 million in punitive damages, to a train conductor whose employer automatically excluded him from returning to work after dislocating his shoulder. The employee, who had spent 20 years in the military and was physically active, injured his shoulder at home on his farm. He…

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Aug 08 2025
Harassment & DiscriminationHiring

E-Verify employers should proactively check work status

Employers that use E-Verify as part of their Form I-9 process may be surprised to learn that the Department of Homeland Security (DHS) now expects them to regularly log into E-Verify to see whether any employees’ temporary work authorizations have been revoked. On June 20, 2025, DHS issued a notice explaining this new procedure. Parole…

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Jul 21 2025
Affirmative ActionHarassment & Discrimination

OFCCP closes audits and resumes processing complaints

On July 2, 2025, the Office of Federal Contract Compliance Programs (OFCCP) notified federal contractors of Labor Secretary Order 08-2025, which directs the OFCCP to close all scheduled affirmative action compliance reviews and to resume processing individual discrimination complaints from protected veterans and individuals with disabilities. On January 24, 2025, as we previously reported, the…

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Jun 09 2025
Harassment & Discrimination

Title VII analysis is the same for majority and minority groups

On June 6th a unanimous U.S. Supreme Court ruled that members of a majority group who allege discrimination under Title VII of the Civil Rights Act don’t have to shoulder an extra burden of proof compared to members of a minority group. In this case, a heterosexual woman working at a juvenile correction agency in…

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Apr 21 2025
Safety and HealthWashington

Washington L&I makes wildfire smoke AQI levels official

As promised, Washington’s Division of Occupational Safety and Health (DOSH) updated its rules for protecting employees from wildfire smoke, incorporating changes the federal Environmental Protection Agency (EPA) made to its color-coded Air Quality Index (AQI) in May 2024. As we previously reported, when the EPA published its changes, DOSH immediately issued a directive authorizing employers…

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