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Articles by Jean Back
How Oregon and Washington Employers Can Reduce the Risk of Wage-and-Hour Class Actions in 2026
For employers with large hourly workforces, wage-and-hour compliance is not a back-office technicality. Wage-and-hour class actions remain one of the most common—and costly—legal threats facing employers today. Employers, especially those in the manufacturing and retail industries all share the same basic vulnerability: a single policy or practice applied across many employees, many shifts, and many locations.
Oregon Employment Law Update
Spring is in the air, ushering in some new employment laws that warrant employers’ attention. Although this year’s state legislative session, which adjourned in March 2026, did not result in sweeping changes to Oregon employment laws (thanks, in part, to successful efforts by Oregon businesses to defeat or narrow earlier-proposed bills), some bills affecting employment made it through the session.
Breaking Down Alaska’s Proposed Sick Leave Regulations | JD Supra
On June 25, 2025, the Alaska Department of Labor & Workforce Development (“DOL”) published a Notice of Proposed Regulations for the Alaska Paid Sick Leave Law. The proposed regulations clarify ambiguities in the statutory language that have caused confusion for employers. Below are some of the most important changes that would occur should the proposed rule be adopted: The proposed rule provides guidance on how employers should calculate how many employees they have.
Washington Employment Law Updates | JD Supra
A series of employment-related bills have become law and will go into effect in the coming months and years. These new bills contain some significant changes that will likely affect most Washington employers. Understanding these changes and implementing adjustments to internal policies may be crucial to prevent employee claims.
EEOC and DOJ Guidance on DEI | JD Supra
The U.S. Equal Employment Opportunity Commission (EEOC) recently published guidance to clarify what it regards as “discriminatory” DEI programs.
Recent DEI Executive Orders Temporarily Blocked by Federal Judge | JD Supra
On February 21, Judge Adam B. Abelson of the United States District Court for the District of Maryland issued a preliminary injunction that temporarily bars the Trump administration from implementing major portions of two recently issued executive orders aimed at ending diversity, equity, and inclusion (DEI) programs in the workplace.
Recent Executive Orders’ Potential Impact on Private Employers | JD Supra
Though much is still unclear about the precise impact of recent executive orders, statements from the EEOC and guidance issued by sixteen state attorneys general provide a sense of how states and federal agencies are interpreting them.
Federal Court Strikes Down 2024 DOL Overtime Rule Nationwide | JD Supra
Background on the 2024 Rule The FLSA generally requires employers to pay overtime (time-and-a-half) to employees who work more than 40 hours per week. The law exempts EAP employees who are paid on a salary basis, primarily perform EAP duties, and earn a minimum salary. The DOL’s 2024 final rule implemented three changes in stages to the minimum salary requirement exemption. First, it increased the minimum for non-exempt positions from $684 to $844 per week starting July 1, 2024.
Court Blocks FTC’s Nationwide Ban on Non-Compete Agreements | JD Supra
On August 20, the U.S. District Court for the Northern District of Texas in Ryan, LLC et al. v. Federal Trade Commission, granted the plaintiffs’ motions for summary judgment and found the Federal Trade Commission’s ban on post-employment non-compete agreements to be outside the scope of the FTC’s statutory authority, and arbitrary and capricious.
Future of Non-Compete Agreements Uncertain After July Court Decisions | JD Supra
The Federal Trade Commission has issued a final rule that largely bans all post-employment non-compete agreements, with limited exceptions. Two decisions in July addressed the FTC’s ban. One found the ban on post-employment non-competes to be outside the commission’s statutory authority and the other affirmed the ban. Ryan, LLC, et. al. v.
Shifting rules on noncompetes leaves Oregon businesses flustered | JD Supra
Employers in Oregon and across the U.S. are struggling to understand how to respond to recent conflicting decisions around noncompete clauses, which restrict workers from changing jobs in the same industry. In April, the Federal Trade Commission issued a near-total ban on noncompetes, scheduled to take effect in September. But in early July, a federal judge in Texas backed a legal challenge to the FTC’s ban, saying the agency lacked substantive rule-making authority.
Supreme Court Opinions Overturn Chevron and Modify the Statute of Limitations Allowed by Lower Courts | JD Supra
On June 28, the Supreme Court handed down Loper Bright Enterprises v. Raimondo, which overturned the prior Supreme Court precedent, articulated in Chevron v. Natural Resource Defense Council, Inc. and known as “the Chevron doctrine.” Under the Chevron doctrine, agency interpretations of Acts of Congress were owed deference wherever the law was unclear. Chevron gave substantial authority to agencies to implement and interpret laws.
So the FTC Banned Non-Competes… What Does This Mean For Your IP? | JD Supra
The FTC recently found that non-compete agreements are an unfair method of competition, and issued a final ruling that bans non-compete agreements. The commission predicts the nationwide ban will encourage innovation, increase the number of business startups, and lead to higher earnings for employees. If you’re not familiar with the new rule, Schwabe recently published an article on the FTC non-compete ban here.
FTC Sued to Overturn Ban on Noncompetes | JD Supra
The United States Chamber of Commerce and other trade groups sued the Federal Trade Commission in the United States District Court for the Eastern District of Texas on April 24, in Chamber Of Commerce Of The United States Of America et al v. Federal Trade Commission et al, Case No. 6:24cv148. The Chamber seeks to invalidate the FTC’s ban on post-employment noncompete agreements and provisions.
FTC Hopes to Ban Most Post-Employment Non-Competes | JD Supra
On April 23, 2024, the Federal Trade Commission announced it will be issuing a final rule that bans most post-employment non-competition agreements retroactively. Absent a court order to enjoin the rule, the ban will become effective 120 days from the date the rule is published in the Federal Register.
Revised FLSA Rule on Independent Contractor Classification | JD Supra
On January 9, 2024, the U.S. Department of Labor’s Wage and Hour Division announced a final rule that revises the DOL’s interpretation of worker classification (employees versus independent contractors) under the Fair Labor Standards Act. The final rule goes into effect on March 11, 2024. The rule is notable because it alters guidance for classification of independent contractors under the act.
Exploring the Implications of the 2023 Pregnant Workers Fairness Act | JD Supra
The Pregnant Workers Fairness Act (“PWFA”) was passed as part of the December 29, 2022 Consolidated Appropriations Act, a new federal law that went into effect on June 27, 2023. This federal legislation requires covered employers—both public and private sector employers with fifteen (15) or more employees—to provide reasonable accommodation to qualified employees and applicants with known limitations related to pregnancy, childbirth, or related medical conditions.
Oregon Legislature Enacts Changes to Better Coordinate the Oregon Family Leave Act and Paid Leave Oregon | JD Supra
The ink is not yet dry on Senate Bill 999, drafted to attempt coordination of the Oregon Family Leave Act (OFLA) and the Oregon Paid Family and Medical Leave Act also called “Paid Leave Oregon” (PLO). On June 7, Senate Bill 999 was signed into law and became effective immediately.
FTC Announced New Extension Date for Commentary on Proposed Rule Barring Non-Competes | JD Supra
On January 19, the Federal Trade Commission (FTC) published its proposed rule barring most non-compete agreements that would apply to employees. We previously summarized the proposed rule here and here. The original deadline for comments on the proposed rule was March 20. On March 6, the FTC announced it is extending the deadline to submit comments to April 19. As of March 9, a total of 16,965 comments (8,848 electronically) have been received on the proposed rule.
National Labor Relations Board Rules that Non-Disparagement and Confidentiality Provisions in Separation Agreements May Violate Section 7 of the NLRA | Schwabe, Williamson & Wyatt PC - JDSupra
On Tuesday, February 21, 2023, the three-member Democratic majority of the National Labor Relations Board (“NLRB”) issued a decision in McLauren Macomb, reverting back to pre-Trump era standards and ruling that non-disparagement and confidentiality provisions in a separation agreement violated the concerted right activity provisions of Section 7 of the National Labor Relations Act (“NLRA”).
National Labor Relations Board Rules that Non-Disparagement and Confidentiality Provisions in Separation Agreements May Violate Section 7 of the NLRA
On Tuesday, February 21, 2023, the three-member Democratic majority of the National Labor Relations Board (“NLRB”) issued a decision in McLauren Macomb, reverting back to pre-Trump era standards and ruling that non-disparagement and confidentiality provisions in a separation agreement violated the concerted right activity provisions of Section 7 of the National Labor Relations Act (“NLRA”).
Update: FTC Publishes Proposed Rule Barring Non-Compete Agreements | JD Supra
On January 19, 2023, the Federal Trade Commission (FTC) published its proposed rule barring most non-compete agreements that would apply to employees. We previously summarized the proposed rule here. The deadline for comments on the proposed rule is March 20, 2023. Comments can be submitted online at Regulations.gov or in writing to Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW, Suite CC-5610 (Annex C), Washington, DC 20580.
FTC Proposes Regulations Barring Non-Compete Agreements | JD Supra
On July 9, 2021, President Biden signed an Executive Order requesting that agencies, including the Federal Trade Commission (FTC), issue rules banning employers from entering non-compete agreements with employees. Following that request, on January 5, 2023, the FTC announced it is proposing sweeping new regulations that would bar employers from entering into or enforcing non-compete agreements with employees that prevent an employee from working with a competitor.
What if you need to do a layoff? Practical steps for reductions in force
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Employers Can No Longer Require Arbitration of Sexual Harassment Claims | JD Supra
On February 10, 2022, a bipartisan group of U.S. legislators passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which amends the Federal Arbitration Act to add a new provision that makes pre-dispute agreements requiring arbitration of “sexual harassment” and “sexual assault” claims unenforceable at the claimant’s option.
OSHA Moves to Implement Large Employer ETS by January 10, 2022, After Sixth Circuit Lifts Stay | JD Supra
In November 2021, OSHA issued an Emergency Temporary Standard that applied to employers with 100 or more employees (the “ETS”). The ETS required those employers to either adopt a policy requiring their employees to be vaccinated against COVID-19 or adopt a masking and weekly testing regime that included removing employees who tested positive for COVID-19 from the workplace.
Implementation of OSHA’s 11/5/2021 Emergency Temporary Standard Stayed by Fifth Circuit Court of Appeals | JD Supra
On Friday, November 12, 2021, in BST Holdings, L.L.C., et. al. vs. Occupational Health and Safety Administration, et. al., Case: 21-60845, the Fifth Circuit Court of Appeals granted the plaintiffs’ motion to stay implementation of OSHA’s November 5, 2021 Emergency Temporary Standard (the “ETS”) requiring employees of covered employers to undergo COVID-19 vaccination or take weekly COVID-19 tests and wear a mask.
OP-ED: Making (some) sense of evolving vaccine mandates for employers
By: Stephanie Holmberg and Jean Back in Construction Zone November 12, 2021 5:55 pm Email Address: Password: Enter your user name and password in the fields above to gain access to the subscriber content on this site. Your subscription includes one set of login credentials for your exclusive use.
Summary of New Guidance on COVID-19 Vaccine Mandate | JD Supra
Summary On September 9, 2021, President Biden issued his Executive Order on Ensuring Adequate COVID Safety Protocols for Federal Contractors (the “Executive Order”) that, when implemented, will require most federal contractors to comply with all guidance for federal contractor and subcontractor workplace locations published by the Safer Federal Workforce Task Force (see www.saferfederalworkforce.gov).
Oregon OSHA Repeals Mask and Social Distancing Requirements—What This Means for Employers Moving Forward | JD Supra
When Oregon Occupational Safety and Health (Oregon OSHA) adopted permanent rules related to COVID-19 back in May 2021, it did so with the caveat that it would repeal the rules once it determined that they were no longer necessary to address the pandemic. As of June 30, 2021, Oregon OSHA has formally removed the facial covering and physical distancing requirements for most workplaces under Oregon OSHA’s jurisdiction.
Policies and Practical Tips to Prepare for a Hybrid Work Culture | JD Supra
Prior to the pandemic, companies allowed remote work sparingly and where necessary because of the location of certain key players in other states or countries. Many employers felt that remote work was not practical, citing technology gaps and company culture.
Oregon OSHA Issues New Guidance for Fully Vaccinated Employees | JD Supra
On May 13, 2021, the Centers for Disease Control and Prevention (“CDC”) issued new recommendations for individuals who are fully vaccinated. Specifically, the CDC stated that fully-vaccinated individuals[1] can resume activities without wearing a mask or physically distancing. However, the CDC’s guidance specifically does not override federal, state, local, tribal, or territorial laws, rules, and regulations as they related to masks and physical distancing requirements.
Congress Makes Additional Paid Family Leave and Paid Sick Leave Optional | JD Supra
The dust has now settled on the new stimulus bill signed by President Trump on December 27, 2020. The changes to the Family First Coronavirus Recovery Act (“FFCRA”) was buried in over 5000 pages of text and provides a choice for employers to continue paid leave benefits to their employees as follows: Congress extended the tax credits for employers who provide both paid sick leave and paid family leave through March 31, 2021.
Vault Your Business Out Of The Pandemic: Three Employment Topics To Keep An Eye On
Schwabe Williamson & Wyatt United States: Vault Your Business Out Of The Pandemic: Three Employment Topics To Keep An Eye On 23 December 2020 Schwabe Williamson & Wyatt To print this article, all you need is to be registered or login on Mondaq.com. "On the other side of a storm is the strength that comes from having navigated through it. Raise your sail and begin." Gregory S. Williams Your business and employees have just experienced an extraordinary year.
Vault Your Business Out of the Pandemic: Three Employment Topics to Keep an Eye On | JD Supra
“On the other side of a storm is the strength that comes from having navigated through it. Raise your sail and begin.” Gregory S. Williams Your business and employees have just experienced an extraordinary year. We have learned new ways of working, embraced new technology, and incorporated many new legal requirements, but most importantly, we have persevered.
The CDC Revises The Definition Of Close Contact
Schwabe Williamson & Wyatt United States: The CDC Revises The Definition Of Close Contact 23 November 2020 Schwabe Williamson & Wyatt To print this article, all you need is to be registered or login on Mondaq.com.
Oregon Health Authority's New Mask Guidance Affecting Oregon Businesses
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New Federal Contractor Requirements Under Executive Order 13950: Prohibiting Race Or Sex Stereotyping Or Scapegoating
To print this article, all you need is to be registered or login on Mondaq.com. On September 22, 2020, President Trump issued Executive Order 13950 (the "Order") Combating Race and Sex Stereotyping affecting all government contractors, those companies that contract with government contractors, and federal grant recipients.
New Federal Contractor Requirements under Executive Order 13950: Prohibiting Race or Sex Stereotyping or Scapegoating | JD Supra
On September 22, 2020, President Trump issued Executive Order 13950 (the “Order”) Combating Race and Sex Stereotyping affecting all government contractors, those companies that contract with government contractors, and federal grant recipients.
The CDC Revises the Definition of Close Contact | JD Supra
On October 21, 2020, the Center for Disease Control (CDC) published a new guidance for use by contact tracers that clarifies what had been a somewhat fuzzy definition of “close contact.” The new definition increases the number of individuals presumed to have an exposure to COVID-19, and will significantly affect schools and workplaces since those presumptively exposed individuals will be asked to isolate for a period of 14 days.
Oregon Health Authority’s New Mask Guidance Affecting Oregon Businesses | JD Supra
With the onset of colder weather, the return of students to colleges, and pandemic fatigue, the news is that the next six to twelve weeks could be the worst yet for the pandemic. The number of positive test results is rapidly increasing, as are the number of people needing to be hospitalized due to COVID-19. With all this in play, on October 19, 2020, the Oregon Health Authority (OHA) announced a revised mask guidance for all Oregonians.
Oregon Upholds Meal-Break Compliance | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Drafting Legally Sound Job Descriptions | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Oregon Employment Law Update: Summary & To Do List | JD Supra
Oregon passed several employment bills this year that will affect Oregon employers. The following article provides an update on the new laws and a list of tasks for Oregon employers to make sure that they are in compliance. Pregnancy Accommodation Oregon’s new pregnancy accommodation statute follows similar legislation in Washington and California that requires employers to provide accommodations to pregnant women.
Oregon Minimum Wage Increase | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
New Requirements for Noncompetition Agreements in Oregon and Washington | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Avoiding Discrimination Claims as the Result of a Reduction in Force | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Federal Overtime Rule Updates | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Oregon Equal Pay Act: What Employers Need to Know | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Key Steps to GDPR Compliance for U.S. Companies (Part 3) | JD Supra
Although the GDPR comes into effect on May 25, 2018, the breadth of its reach will continue to develop long after its effective date. Domestic companies should be aware that the rules will likely change over time. While this may make the applicability of the GDPR all the more elusive, there are a number of steps that domestic companies can take to best position themselves for compliance with the GDPR’s current and future states.
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