KP Managing Partners MacDonald and Grover talk to the OS Bar Bulletin
View the article in the April 2021 issue of the Oregon State Bar Bulletin HERE.
Congratulations to Karnopp Attorney, Kurt Barker who has been recognized by the Human Resources of Central Oregon (HRACO) as the 2020 HR Professional of the Year. Each year, the HRACO recognizes one of its members based on nominations by their peers. The award represents the HR Professional’s contributions to the field of human resources through their outstanding record of involvement either through innovation, program, or best practice.
Nominees must meet the following eligibility criteria:
- Outstanding contribution to the Central Oregon HR Community, i.e.:
- Serves on the HRACO board
- Speaker at HR-related events
- Facilitator/Trainer/Teacher in the HR Community
- Mentors other HR Professionals
- An active member of SHRM or HRACO
- Currently excelling in their position in the HR field
As the current Chair of Karnopp Petersen’s Employment Law department, Kurt’s practice continues to emphasize the counsel and defense of clients in most all employment-related matters including discrimination, harassment, wage and hour, tort, non-compete enforcement, and trade secret obligations.
He frequently lectures on employment law topics around the state and has been featured at Oregon’s Bureau of Labor and Industries’ Annual Conference in Portland. Kurt also thrives on conducting training for managers and employees, including anti-harassment, medical leave, and other topics.
Kurt is a board member and past President of the Human Resources Association of Central Oregon (HRACO), our local chapter of the Society of Human Resources Management (SHRM). He serves on the board of the Oregon Employer Council – Central Oregon and volunteers as secretary of the board for Volunteers in Medicine Clinic of the Cascades. He has served on the Bend Chamber’s Leadership Bend Steering Committee, as well.
ICYMI
Here are Kurt Barker’s slides from yesterday’s Bend Chamber COVID-19 Impact Webinar: Workforce Management During a Pandemic and helpful links below.
Layoff Legal Considerations – SLIDES
Helpful Links
- Protected classes/activities
- Frequently Asked Questions Regarding Furloughs and Other Reductions in Pay and Hours Worked Issues
- Salaried Exempt Employees – The “White Collar” Exemptions
- Oregon Minimum Wage Rate Summary
- Minimum exempt salary basis: Fact Sheet #17G: Salary Basis Requirement and the Part 541 Exemptions Under the Fair Labor Standards Act (FLSA)
- Oregon final check RULES
- WARN and Oregon Mini-WARN Act Notices
- Group severance programs (and waivers)
|
It’s a new day for Oregon employers… and nursing moms! As of September 29, 2019, House Bill 2593 became effective, calling on every employer to provide nursing mothers with a reasonable (generally unpaid) rest period to express milk. And those breaks must be provided each time the employee has a need to express milk.
The head of KP’s employment law department, Kurt Barker, recently covered this new law and much more in front of a record-setting crowd for HRACO (Human Resources Association of Central Oregon).
Here are two slides from Kurt’s September 18 HRACO legal update about all the new laws rolling in over the next year:
New Laws Impact Oregon Employers
It’s a new day for Oregon employers… and nursing moms! As of September 29, 2019, House Bill 2593 became effective, calling on every employer to provide nursing mothers with a reasonable (generally unpaid) rest period to express milk. And those breaks must be provided each time the employee has a need to express milk.
The head of KP’s employment law department, Kurt Barker, recently covered this new law and much more in front of a record-setting crowd for HRACO (Human Resources Association of Central Oregon).
Here are two slides from Kurt’s September 18 HRACO legal update about all the new laws rolling in over the next year:
Contact Kurt Barker for more information on these new laws and key 2019 Oregon Legislation dates.
The Department of Labor (DOL) just announced that effective January 1, 2020, the minimum salary basis for workers exempt from overtime requirements will be raised from $455 per week to $684 per week (the equivalent of a raise from $23,660 to $35,568 per year for a full-year worker). This means some 1.3 million American workers will become eligible for overtime pay, if not given a raise above the new minimum.
See the DOL Press Release here, and more info about the new rule (including links to the rule itself, FAQs, etc.) here.
Check out attorney Kurt Barker talking about the Oregon Equal Pay Act’s new requirements set to take effect January 2019.
https://www.ktvz.com/news/oregon-equal-pay-act-set-to-take-effect/954118522
Oregon’s 79th Legislative Assembly wrapped up its 2018 session early, on March 3 (before the Constitutionally-required sine die on March 11). The session produced few laws that will have a direct impact on employers, managers or human resource professionals. Here are the few that made the transition into law:
HB 4154: Makes contractor liable for unpaid wages, including benefit payments or contributions, of employee of subcontractor at any tier. Permits a joint labor management committee and certain third parties to bring action on behalf of wage claimant against contractor. PASSED in amended form.
SB 1559: Directs state agencies to establish procedures for employees to anonymously disclose certain information. Expands reporting channels and protection for whistleblowing by public employees. PASSED in amended form.
It also could be of interest that some gun-related legislation was passed, and signed on March 5 by Governor Kate Brown. That new law expands the prohibition of gun ownership to include people convicted of domestic violence against non-married intimate partners (closing the so-called “boyfriend loophole”), and blocks people convicted of misdemeanor stalking from owning a gun.
Thanks for staying tuned. Watch for more posts from our employment law team!
–Kurt Barker, Jon Napier, and Ben Eckstein
The Oregon Legislature is now halfway through its 2018 session. This even-year session may be a short one, but its agenda is jam-packed with bills that could impact employers across the state.
Topping most news reports is HJR 203, a bill that would amend the Oregon Constitution by declaring health care is a “fundamental right.” The bill does not specifically target employers, but critics have emphasized that its financial impacts and funding sources are unclear. It passed in the House last week, and is headed for a work session in the Senate later this month. If approved by the Senate, it will appear on the Nov. 2018 ballot.
Here are some other bills under consideration that will impact Oregon employers:
- HB 4160: Creates family and medical leave insurance program to provide employee who is eligible for coverage with portion of wages while employee is on family medical leave or military leave. The program is funded by equal contributions by employees and employers not to exceed .5% of an employee’s wages, and would allow employees to take up to 12 weeks of leave per year for specified reasons.
- HB 4154: Makes contractor liable for unpaid wages, including benefit payments or contributions, of employee of subcontractor at any tier. Permits a joint labor management committee and certain third parties to bring action on behalf of wage claimant against contractor.
- HB 4105: Imposes penalty on employers with 50+ employees that offer health insurance coverage to employees but have employees working at least 30 hours/week who receive benefits of medical assistance program. Prohibits retaliation against an employee for participating in medical assistance program.
- HB 4021: Allows certain employers to permit employees to work more than 60 hours in one workweek to cover for employee absences. (This bill relates primarily to mill, factory, and other manufacturing establishments, and their particular limits on employee hours.)
- SB 1559: Directs state agencies to establish procedure for employees to anonymously disclose certain information. Expands reporting channels and protection for whistleblowing by public employees. (More news coverage is here.)
- SB 1524: Prohibits union security agreements between public employer and union. Allows public employees to opt out of union membership and bargain employment terms and conditions separate from collective bargaining agreement.
Karnopp Petersen’s employment law team will report more after the session wraps in mid-March. Stay tuned to see if any of these bills become law!