LexisNexis® Legal Newsroom
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...

Farella Braun + Martel LLP: New Case Affirms Broad Duty to Defend In Construction Defect Case Where Damage Dates Unclear

By John Green, Partner, Farella Braun + Martel LLP A new case from Oregon deals with a recurring problem in construction defect litigation—the absence of clear dates in the complaint regarding when damage is alleged to have occurred. Frequently, a plaintiff will allege that defects in a construction...

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...

State Net Capitol Journal: States Try To Fill Federal Vacuum On Immigration Reform

By Lou Cannon | With immigration reform blocked by partisan gridlock and government shutdown in Washington, states led by California have stepped in to ease the plight of illegal immigrants. "While Washington waffles on immigration, California's forging ahead," Gov. Jerry Brown (D) said...

Oregonians to vote on immigrant driver's licenses

"Oregonians are headed for a statewide vote on a new law that allows immigrants who can't show they're in the United States legally to obtain driver's licenses. Secretary of State Kate Brown's office said Friday that opponents of the law submitted nearly 71,000 signatures, and the...

Oregonians to vote on immigrant driver's licenses

"Oregonians are headed for a statewide vote on a new law that allows immigrants who can't show they're in the United States legally to obtain driver's licenses. Secretary of State Kate Brown's office said Friday that opponents of the law submitted nearly 71,000 signatures, and the...

State Net Capitol Journal: Health Exchange Enrollments Lag In First Month

Only three states — Connecticut, Rhode Island and New York — reached their enrollment targets in the first month of open enrollment in the health insurance exchanges created under the Affordable Care Act. All three states, which run their own exchanges, actually exceeded their targets, with...

State Net Capitol Journal: States Laboratories Of Health Care Finance

Under a program created by the Affordable Care Act called the State Innovation Models Initiative, six states — Arkansas, Maine, Massachusetts, Minnesota, Oregon and Vermont — began testing new health care financing models this year. Colorado, New York, and Washington will be next up to try...

State Net Capitol Journal: Momentum Shift On Gay Marriage?

With Illinois Gov. Pat Quinn's (D) signing of SB 10 last week, his state became the 16th to legalize same-sex marriage. But that action may have marked a major turn in the battle over the issue. This year five states with Democrat-controlled legislatures — Delaware, Hawaii, Illinois, Minnesota...

Oregon Immigration Scammers Exposed

"Immigration lawyers say Snyder and Vega plied Interstate 5 from Portland to Los Angeles for four years, assuring undocumented immigrants they would help them earn work visas and citizenship quick—an appealing scenario for a process that usually takes years. Instead, victims say Snyder and...

DLA Piper Energy Alert: DOE Approves LNG Exports To Non-Free Trade Countries

By Philip Angeli The US Department of Energy has issued an Order granting approval to Jordan Cove Energy Project, L.P. to export liquefied natural gas (LNG) from Jordan Cove’s liquefaction and export terminal in Coos Bay, Oregon, to countries that do not have a free trade agreement with the...

ICE Detainer = 4th Amendment Violation: Miranda-Olivares v. Clackamas County

"A federal magistrate judge in Oregon concluded that county officials violated a woman’s Fourth Amendment rights when they kept her in custody solely on the basis of an immigration detainer. Miranda-Olivares v. Clackamas County , No. 3:12-cv-02317-ST, slip op. (D. Or. April 11, 2014) (Stewart...

Oregon Ruling Spurs Halt on Immigration Detainers

A federal judge in Oregon has found that an immigrant woman's constitutional rights were violated when she was held in jail without probable cause at the request of U.S. immigration authorities, one of several recent federal court decisions to scrutinize the practice of keeping people in jail after...

Updated List of Oregon Counties Not Honoring ICE Detainers/Holds

"Updated list of Counties (April 23, 2014) Counties* in Oregon that do not honor ICE holds as compliant with the 4th Amendment for detention purposes: Clackamas Crook Deschutes Douglas Gilliam Hood River Jackson Jefferson Lane Lincoln Marion Multnomah ...

Oregon Officials Abandon State Insurance Exchange, Turn To Federal Exchange

DURHAM, Ore. — (Mealey’s) Oregon on April 25 dumped its failed Patient Protection and Affordable Care Act (ACA) state exchange at an agency board meeting, with the governing body unanimously adopting a technology workgroup suggestion that the federal exchange provided the most reliable and...

For Richer, For Poorer...For $5,000

"Oregon First Lady Cylvia Hayes today confessed to breaking federal law in 1997 by entering into an illegal marriage with an 18-year-old Ethiopian immigrant. Hayes, who is now engaged to Gov. John Kitzhaber, says she was paid approximately $5,000 to marry the man, Abraham B. Abraham. Hayes had kept...

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...

News Excerpts From the Sept. 1, 2015, Bender’s Immigration Bulletin

DHS to Enhance Security for Visa Waiver Program| On August 6, 2015, Department of Homeland Security Secretary Jeh Johnson announced the implementation of new security measures for noncitizens seeking to enter the United States under the Visa Waiver Program. Among other changes, travelers will have...

CA9 on Categorical AggFel - Sandoval v. Yates

Sandoval v. Yates, Jan. 27, 2017 - "Sandoval was convicted of delivery of a controlled substance under Oregon Revised Statutes § 475.992(1)(a). Oregon law permits conviction for delivery under this statute based on mere solicitation. Because the Controlled Substances Act does not punish soliciting...

Matter of J-G-D-F-, 27 I&N Dec. 82 (BIA 2017)

Matter of J-G-D-F-, 27 I&N Dec. 82 (BIA 2017) - Burglary of a dwelling in violation of section 164.225 of the Oregon Revised Statutes is a crime involving moral turpitude, even though the statute does not require that a person be present at the time of the offense, provided that the dwelling is at...

ICE Caught on Camera Racially Profiling Latino USC in Oregon; Members of Congress Seek Apology, Answers

Everton Bailey Jr., Oregonian, Sept. 21, 2017 - "Two Oregon lawmakers are calling for a federal investigation into the conduct of immigration agents who mistakenly approached a Latino man, demanded his name without identifying themselves and claimed he was in the country illegally. U.S. Reps...

ICE Pays To Use 2 Oregon Jails Despite Sanctuary State Law

Conrad Wilson, OPB, Oct. 26, 2017 - "For years, two Oregon jails have aided ICE by housing detainees who face deportation. Jail officials say it's legal despite a sanctuary state law designed to make immigrants feel at ease."

Oregon Legislature Passes IRC Conformity Legislation, But Decouples from Certain Federal Tax Reform Provisions

On April 10, 2018, and April 13, 2018, Oregon Governor Kate Brown signed into law S.B. 1529 and S.B. 1528 (the Bills), respectively, which provide a series of changes to Oregon’s income tax laws in response to recent federal tax changes as part of the federal Tax Cuts and Jobs Act. Most notably, the...