Archives: Oregon

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New Oregon Overtime Law both Giveth to, and Taketh Away from, Manufacturing Employers

Effective immediately, Oregon’s law has been clarified to provide relief to non-union employers operating mills, factories or other manufacturing facilities with respect to certain overtime pay obligations, but also has been revised, effective January 1, 2018, to limit the number of weekly hours employees in such establishments may work. Previously, the Oregon Bureau of Labor and Industries … Continue Reading

Utah Federal Court Reiterates That Employees Are Only Entitled to Tips Under FLSA If A Tip Credit Is Applied

While many state laws regulate the distribution of gratuities (as well as service charges and other fees), the overwhelming judicial view, as originally set forth by the Ninth Circuit in Cumbie v. Woody Woo and joined by district courts in other jurisdictions, holds that an employee’s right to tips under the FLSA flows exclusively from … Continue Reading

Ninth Circuit Requires Reimbursement of H2A Expenses

In the latest in a series of decisions addressing the proper allocation of travel and immigration fee expenses between employers and employees utilizing the H2A agricultural guestworker program, the Court of Appeals for the Ninth Circuit (the largest federal circuit, encompassing Washington, Montana, Idaho, Oregon, Nevada, California, Arizona, Alaska and Hawaii) ruled an employer must … Continue Reading

Restaurant Association Defeats Department of Labor, Invalidates 2011 Tip Regulations

In 2010, the Ninth Circuit held in Cumbie v. Woody Woo, Inc., that an employee’s property right to tips attaches under the FLSA only if the employer is taking a tip credit pursuant to 29 U.S.C. § 203(m). In response to this decision the Department of Labor passed widely discussed-regulations which, contrary to the decision, purport … Continue Reading

Arizona, Florida, Six Other States To Raise Minimum Wage For 2012 (And San Francisco, Too)

The state minimum wage is set to increase in eight states at the start of the new year.  By statute, many states review and revise their respective minimum wage annually, to reflect changes in the cost of living.  San Francisco, one of several municipalities with its own minimum wage law, will also increase its minimum … Continue Reading

Oregon Increases Minimum Wage To Reflect Hike In Consumer Price Index

Pursuant to a 2002 ballot measure, Oregon state law requires an annual minimum wage adjustment to keep pace with inflation, as measured by the Consumer Price Index. Oregon Labor Commissioner Brad Avakian recently announced that based on the CPI the 2012 minimum wage in Oregon will be $8.80/hour, up from $8.50/hour at present. Oregon is one of … Continue Reading
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