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The Basics of the Oregon Uniform Trade Secret Act

February 19, 2014

This article provides basic information about Oregon’s trade secret misappropriation law – the Oregon Uniform Trade Secrets Act (OUTSA), ORS 646.461 et seq. OUTSA claims are common in many business and employment matters. Due to the fact-specific and urgent nature of OUTSA claims, I strongly urge you to contact an attorney for assistance with a […]

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Oregon Non-Compete Clauses – Important Considerations

February 14, 2014

Non-compete litigation is on the rise. In August 2013, the Wall Street Journal reported that “[t]he number of published U.S. court decisions involving noncompete agreements rose 61% since 2002.” However, “[s]ince most cases are settled out of court and most opinions aren’t reported, that tally is likely low.” There is a similar trend with trade […]

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Negotiating Severance Agreements in Oregon

November 10, 2013

Overview of severance agreements The successful negotiation of severance agreements is an art and a science.  A severance agreement is a legal document that is negotiated at or shortly after the termination of employment.  The precise language of a severance agreement is important as it will create an enforceable contract to resolve any and all […]

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Retaliation For Reporting Wage Violations Is Unlawful

November 6, 2013

Under both Oregon and federal law, it is illegal for an Oregon employer to retaliate against an employee for reporting wage and hour violations.  In particular, Oregon employees are always protected from retaliation for consulting “an attorney or agency about a wage claim.”  ORS 652.355. In general terms, retaliation occurs when an employer takes adverse […]

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Age Discrimination Law in Oregon

October 15, 2013

This article provides an overview of some basic principles of Oregon age discrimination law. Oregon state law makes it unlawful for Oregon employers to “discriminate against [an] individual in compensation or in terms, conditions or privileges of employment” or “refuse to hire or employ [an] individual or to bar or discharge [an] individual from employment” […]

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The Employer’s Duty To Protect Oregon Employees From Harassment By Third Parties

October 9, 2013

Oregon employees are entitled to a workplace free from harassment and discrimination.  An Oregon employer’s duty to protect its employees extends to harassment and discrimination by third parties such as the employer’s customers, contractors and outside vendors.  As discussed below, if you are an Oregon employee who has experienced harassment or discrimination at work by […]

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Oregon Employees are Entitled to be Paid for Off the Clock Work

September 13, 2013

Working off the clock refers to time Oregon employees spend working without pay for the benefit of their employers.  For example, employees may be encouraged or required to perform work at the beginning of a shift before punching in for the day or at the end of a shift after punching out.  The consequences of […]

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Employee or Independent Contractor? – Oregon Appeals Court Weighs In

September 10, 2013

Last week the Oregon Court of Appeals ruled on another case addressing the employee vs. independent contractor designation - Portland Columbia Symphony v. Employment Dept. The court found that the Portland Columbia Symphony correctly applied the independent contractor label to its core musicians. Case Background The case arises from a 2009 Oregon Employment Department (OED) employment […]

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Unpaid Overtime Pay for Salaried Employees in Oregon

May 1, 2013

Salary pay alone does not disqualify Oregon employees from receiving overtime. Instead, courts look to determine whether an employee fits under specific “exempt” categories as spelled out in detail by Oregon and federal law. See, e.g. ORS 653.020, 29 U.S.C. § 213. Employers bear the burden of proving an employee is “exempt.” Last month, a title company was forced […]

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Misconduct Connected with Work: Definition in Oregon Unemployment Appeal Law

April 30, 2013

The term “misconduct connected with work” has a specific meaning under Oregon unemployment law. ORS 657.176(2)(a) and (b) disqualifies employees who were fired or suspended due to “misconduct connected with work” from receipt of unemployment benefits. As further clarification to ORS 657.176, OAR 471-030-0038(3) defines misconduct as follows:  A willful or wantonly negligent violation of the standards of behavior which […]

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