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Information contained on this website is not legal advice. Users should consult with their own attorney for legal advice. Transmission of the information contained on this site is not intended to create, and receipt does not constitute, a lawyer-client relationship between Beery Elsner & Hammond LLP, the author(s), and you.

Individual City Councilors Do Not Have Independent Authority

Linn County Circuit Court recently issued a decision that, although only binding on the parties, has significance for local governments statewide.  The decision directly addresses the question of the scope of an individual city councilor’s authority with respect to access to city records and, by extension, other city functions. The question frequently . . . → Read More: Individual City Councilors Do Not Have Independent Authority

HB 4016 Creates Broad New Class of Mandatory Reporters

House Bill 4016, sometimes called the “Jerry Sandusky Bill,” was passed this month by both chambers of the Oregon Legislature.  The bill establishes a new, broader list of employees or volunteers of organizations providing child-related services or activities that are now subject to child abuse reporting requirements.  Some highlights include employees of . . . → Read More: HB 4016 Creates Broad New Class of Mandatory Reporters

New Prevailing Wage Law Effective in Oregon

On June 7, 2011, Oregon’s governor signed SB 178 into law. A copy of the bill is available for review here. The bill amends Oregon’s existing prevailing wage laws, codified at ORS 279C.800 et seq. The changes were effective on June 7, 2011.

While SB 178 makes a number of housekeeping amendments to the . . . → Read More: New Prevailing Wage Law Effective in Oregon

Unlawful employment practice: use of one’s credit history

By Courtney Lords, Associate

Senate Bill 1045, approved during the 2010 Special Session, made it unlawful for an employer to obtain or use an applicant’s or employee credit history for employment purposes. Employment purposes include hiring, firing, promotion, demotion, suspension, compensation and retaliation.

However, the new law provides exceptions for when a credit . . . → Read More: Unlawful employment practice: use of one’s credit history

Local Government Liability for Adverse Employment Actions Could Be Affected by U.S. Supreme Court Case

The U.S. Supreme Court granted a petition for certiorari to hear a case that could have far-reaching consequences for state and local governments.  The question presented is whether the Third Circuit Court of Appeals erred in holding that state and local government employees may sue their employers for retaliation under the First Amendment’s Petition . . . → Read More: Local Government Liability for Adverse Employment Actions Could Be Affected by U.S. Supreme Court Case