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Oregon Supreme Court Weeds Out Medical Marijuana Accommodation Claims in the Workplace

by Karin Jones The Oregon Supreme Court has confirmed that employers are not obligated to accommodate the use of medical marijuana by disabled or other employees, holding in Emerald Steel Fabricators, Inc. v. Bureau of Labor and Industries, 348 Ore. 159, 230 P.3d 518 (2010) that federal law preempts...

New Law Makes Personal Social Media Accounts Off-Limits for Oregon Employers

Under current law, an Oregon employer may require employees and applicants to provide access to their personal social media accounts, but that is likely to change very soon. On May 16, 2013, Oregon Legislature passed House Bill 2654 ("HB 2654"), which would make it an unlawful employment...

DOL Guidance Clarifies FMLA Rights for Same-Sex Couples

It has been nearly two months since the U.S. Supreme Court nullified Section 3 of the Defense of Marriage Act ("DOMA"). Yet, the Administration has been largely silent on its interpretation of how the Supreme Court's decision affects the 1,100 plus federal laws that use the term "spouse...

Oregon Court of Appeals Clarifies When a Worker Is an Employee (Not an Independent Contractor) for Unemployment Tax Purposes

It is important to know when an individual is an employee, but statutes, regulations, and agency interpretations don't always use the same definition. Court decisions applying these rules repeatedly demonstrate that businesses cannot assume, without careful consideration, that a given worker is not...

Oregon Legalizes Recreational Marijuana

On Tuesday, Oregon voters passed Measure 91. As a result, Oregon followed Colorado and Washington to become the third state to legalize recreational usage of marijuana under state law. Under the new law, the bulk of which takes effect on July 1, 2015, individuals may possess up to four mature marijuana...

Those Without Facebook Accounts Need Not Apply. Well, Maybe Not in One State.

Forcing job applicants to disclose social media logins and passwords as a condition of employment is so 2013 kinda like this crappy blog . So, the State of Oregon is this close to becoming the first state to expand its social media workplace privacy law to forbid employers from requiring their employees...