Employment Law and Labor Relations

Miller Nash provides complete employment law and labor relations services to private- and public-sector employers, in both union and nonunion environments.

Our work includes:

• Employment discrimination, wrongful discharge, wage-and-hour, employment contract, and other employment-related litigation and arbitration involving both single plaintiffs and class actions
• Collective bargaining, both at the bargaining table and in support of the employer's own negotiators
• "Best Practices" employment advice and counseling to prevent litigation and resolve conflicts within employment settings
• Drafting and reviewing employee handbooks and policies
• Employment contract preparation and interpretation
• Noncompetition and confidentiality agreement preparation and interpretation
• Leaves of absence and disability accommodation issues
• Wage-and-hour compliance analysis
• Representation at unfair labor practice and representation proceedings before the National Labor Relations Board and public employer boards
• Employee grievances and arbitration representation and advice
• Occupational safety and health citation appeals
• Affirmative action compliance
• Employment proceedings before the EEOC and state and local agencies
• Handling all aspects of the appellate process, including identifying and preserving potential appellate issues while the case is still in trial and providing assessments of the merits and likelihood of success of an appeal after trial

Miller Nash is the Oregon and Washington representative of the Employment Law Alliance (ELA), a powerful legal resource for management. The ELA is a global alliance of 2,000 of the finest employment and labor lawyers from more than 20 nations dedicated to assisting employers. It has a presence in all 50 U.S. states, the District of Columbia, and more than 300 cities around the globe, making it the most comprehensive network of employment and labor law attorneys in the world. The ELA is made up of established independent firms, linked together to provide a quick response to clients' needs and innovative solutions to employment and labor law issues. Each member of the ELA has an employment and labor law practice committed to excellence, integrity, and innovation.

Member of the Employment Law Alliance

Practice Area Leader(s)
Susan Eberle Stahlfeld

08/20/10 - Surprise! Wall Street Reform Bill Contains Massive New Affirmative Action Requirements

07/16/10 - Is Your Unpaid Intern an Employee? Maybe . . .

06/28/10 - Health Care Reform: Provisions Affecting Employers in 2014 and Beyond

06/25/10 - NLRB Up To Full Strength: Ready Or Not, Change Is Coming

06/22/10 - Supreme Court Rules Public Employer's Search of Explicit Text Messages Justified

06/16/10 - Careful With Credit Checks: Oregon BOLI Issues Final Rules

06/14/10 - Federal Contractors and Subcontractors Take Note: A New Posting Requirement Takes Effect June 21, 2010

06/01/10 - Do Your Unpaid Internships Meet Wage and Hour Requirements?

05/20/10 - SAFETY ALERT! OSHA Announces Program to Get Tough With "Severe Violators"

04/29/10 - Health Care Reform: Provisions Affecting Employers Now and Through 2013

04/29/10 - New Federal Health Care Legislation Impacts Employers With Breast-Feeding Employees

04/28/10 - U.S. Department of Labor Opens Its Database for All to See

04/23/10 - Oregon Employers Not Required to Accommodate Medical Marijuana Use

04/21/10 - Washington Labor and Employment Legislative Update

04/12/10 - New Hire Act Tax Incentives

03/29/10 - Fasten Your Seatbelts: President Obama Makes Recess Appointments to National Labor Relations Board

03/25/10 - Preempted: Oregon District Court Holds That The Oregon Uniform Arbitration Act Must Yield To Its Federal Counterpart

03/24/10 - Short Legislative Session Brings New Developments for Oregon Employers

03/10/10 - DOL Issues Model Employer CHIP Notice

01/12/10 - Happy New Year! Celebrate With New Compliance Requirements

12/14/09 - Brave New World: Employment Provisions of Genetic Information Nondiscrimination Act Are Now in Effect

09/16/09 - Eligible Rollover Distribution Notice Issued

09/16/09 - IRS Issues New Guidance on Contributing Unused Leave to Profit-Sharing Plans

09/16/09 - Immediate Action Needed to Comply With New HIPAA Breach Notification Requirements

07/29/09 - Washington Legislative Updates for Employers

07/27/09 - It's a Wrap! 2009 Oregon Legislature Adjourns After Creating New Employment and Labor Concerns and Considerations for Employers

07/13/09 - New Haven Firefighter Testing Case Creates New Dilemma for Employers

04/13/09 - Additional Guidance Regarding COBRA Premium Subsidy

04/06/09 - U.S. Supreme Court Enforces Mandatory Arbitration of Statutory Age Discrimination Claims Under Union Collective Bargaining Agreement

04/03/09 - New I-9 Form Must Be Used Beginning Today: April 3, 2009

03/27/09 - Oregon Employers Must Satisfy New BOLI Meal and Rest Period Rule

02/20/09 - Changes to COBRA Continuation Coverage Made by the American Recovery and Reinvestment Act of 2009

02/03/09 - Lilly Ledbetter Law May Create Recordkeeping Headache for Employers

01/12/09 - New Family Medical Leave Act Regulations Enhance Employers' Opportunities to Manage Leaves of Absence

12/12/08 - State Minimum-Wage Rates Increase in Washington and Oregon as of January 1, 2009

10/27/08 - Court Orders Spokane Tribal Casino to Comply With Federal Overtime Law

10/16/08 - Heroes Earnings Assistance and Relief Tax Act of 2008 - Retirement Plan Provisions

10/16/08 - Heroes Earnings Assistance and Relief Tax Act of 2008 - Qualified Reservist Distributions From Health Flexible Spending Accounts

10/16/08 - New Mandatory Reporting for Group Health Plans

10/09/08 - Congress Amends the ADA, Expanding Scope of Protected Individuals

08/01/08 - Termination of the High Profile and/or Hostile Employee

06/24/08 - Social Security "No-Match Letters" Cannot Be Used to Launch Employer Investigations Into Immigration Status

05/19/08 - Employers Finally Get a "Break" on Wage Liability

05/14/08 - New Leave of Absence Rights for Victims of Domestic Violence in Washington

03/20/08 - Washington State's New Military Family Leave Act ("MFLA")

03/05/08 - FMLA Leave Extended to Families of Active-Duty Military Members

02/28/08 - New Supreme Court Case Adds to Questions About the Enforceability of Oregon’s New Employment Arbitration Agreement Requirement

01/07/08 - NLRB Decision Allows Employers to Prohibit Union Solicitation on Employer E-Mail Systems

11/29/07 - Making a List and Checking it Twice: Holiday Tips for Employers

11/14/07 - Deadline for 90-24 Exchanges

11/14/07 - Qualified Default Investment Alternatives

11/14/07 - 409A Compliance Deadlines

11/14/07 - Nonqualified Deferred Compensation Arrangements—Explanation of Internal Revenue Code Section 409A

10/24/07 - Washington Employers May Have to Pay for Time Commuting in Company Vehicles

10/22/07 - New Employment Security Department Registration Requirements

09/18/07 - Employers Affected by New Oregon Consumer Identity Theft Protection Act

08/15/07 - Deferred Compensation and Severance Plans of Tax-Exempt and Governmental Employers: Proposed IRS Guidance Under IRC Section 457(f)

08/14/07 - Legislative Changes Affecting Only Public Employers

08/09/07 - Oregon Court of Appeals Holds Payments to Corporate Directors Are Subject to Unemployment Insurance Taxes

08/07/07 - New Law Affects Arbitration and Noncompetition Agreements in Oregon

08/02/07 - Ineligible Employee Granted FMLA Benefits After Employer Incorporated FMLA Into Its Personnel Policies

07/17/07 - Oregon Legislative Updates

06/15/07 - Give Me a Break: Oregon Court of Appeals Rules That Employees Can Sue For Missed Breaks

05/09/07 - Coming Attractions For Washington Employers: Paid Family Leave

05/03/07 - Employers, Be Aware: “Disability” Redefined in Washington

03/12/07 - Under Washington Law, Employer Must Pay Trucker Overtime for Driving in Other States

02/15/07 - Appeals Court Endorses NLRB Power to Regulate Labor Relations of Tribal Casinos

01/30/07 - DOL Opinion Letter Exempts Some Stockbrokers From Overtime

01/25/07 - Pension Protection Act Update

01/25/07 - Pension Protection Act of 2006: Participants’ Right to Divest Their Accounts of Employer Securities

01/25/07 - Health Savings Accounts: Basic Rules and a Few Changes

10/30/06 - The New Anti-Kickback Safe Harbors and Stark Exceptions for Electronic Health Records and Prescribing Systems

10/10/06 - Proper Diagnosis Necessary: Are Your Charge Nurses Excluded From Union Representation?

08/25/06 - Pension Protection Act of 2006: Nonqualified Deferred Compensation Benefits—Funding Restrictions

08/25/06 - Pension Protection Act of 2006: Summary of Automatic Enrollment Provisions Under 401(k), 403(b), and Governmental 457(b) Plans

08/25/06 - Pension Protection Act of 2006: Summary of Miscellaneous Pension Provisions

08/25/06 - Final Uniformed Services Employment and Reemployment Rights Act (“USERRA”) Regulations

08/25/06 - Medicare Part D Disclosure Notices

07/19/06 - Colleges and Universities Should Take Care to Avoid Claims of Reverse Discrimination

07/07/06 - Retaliation Claims Just Got Easier for Employees

06/16/06 - Pay and Penalties: Ignoring Employee Wage Claims Just Got More Expensive

05/08/06 - Oregon Supreme Court Rules in Favor of Employer but Leaves Open Whether an Employer Might Be Obligated to Accommodate the Use of Medical Marijuana

04/28/06 - Which Oregon employment laws tick you off the most?

03/08/06 - Medicare Part D: Disclosing Creditable Coverage Status to CMS

03/08/06 - Employee Benefits Reminders - Spring 2006

02/07/06 - Workplace Implications of Washington State Law Prohibiting Discrimination on the Basis of Sexual Orientation

02/01/06 - New and Updated Washington Regulations on Wage Deductions and Adjustments for Overpayments Now in Effect

11/10/05 - When Does the Time Clock Start Ticking?

10/19/05 - IRS Issues Proposed Regulations for Nonqualified Deferred Compensation Plans

10/19/05 - Age Discrimination and Retiree Medical Benefits

09/07/05 - The Good, the Bad, and the Ugly of the Final HIPAA Portability Regulations

09/06/05 - Employee Benefits Reminders - Fall 2005

09/06/05 - New Prescription Drug Benefit Rules Under Medicare Part D

08/02/05 - Washington Law Partially Protecting Employers Giving Job References Is Now Effective

07/01/05 - New Grace Period for Cafeteria Plans

07/01/05 - Designated Roth Contributions to 401(k) and 403(b) Plans

07/01/05 - Final 401(k) Regulations

07/01/05 - Employee Benefits Reminders - Summer 2005

06/01/05 - Supreme Court Decision Could Impact Oregon Employer Accommodation Obligations

04/01/05 - U.S. Supreme Court Increases Risk of Employee Age Discrimination Claims

03/01/05 - Oregon Court of Appeals Interprets Oregon Wage-Payment Statutes Broadly

02/01/05 - Employee Arbitration Clause Unenforceable, Unconscionable Under Washington Law

01/01/05 - Oregon Court of Appeals Weighs in on Medical Marijuana and the Definition of Disability

11/01/04 - Mid-Employment Covenant Not to Compete Held Unenforceable When Signed by At-Will Employee

06/01/04 - On Again, Off Again: The NLRB Retracts Nonunion Employees' Rights to CoWorker Presence at Investigatory Interviews

03/01/04 - Favoring Older Workers is Lawful: U.S. Supreme Court Rejects Reverse Age Discrimination Claim

03/01/04 - Supreme Court To Hear Arguments That Might Affect Cost of Group Health Plans

01/01/04 - Ninth Circuit Interprets Oregon Noncompetition Agreements Narrowly

12/01/03 - Neutral No-Rehire Policies Legitimate

11/01/03 - Ninth Circuit Declares "Eating" a Major Life Activity Under the Americans With Disabilities Act

10/01/03 - Compulsory Employment Arbitration Agreements Now Permitted in Ninth Circuit

07/01/03 - Supreme Court Votes "Yes" for Affirmative Action

04/01/03 - Employers should keep an eye on the "Breastfeeding Mother-Friendly Employer Bill."

03/01/03 - What Is the Oregon Legislature Up to Now? The Top Ten Bills Affecting Employers

02/01/03 - Making part-day deductions from leave banks of exempt Washington employees? Better do it right!

01/01/03 - Increased Workforce Cuts and Associated Lawsuits Top 2003 Forecast by World’s Largest Employment Law Practice Network

01/01/03 - Protecting Against Employee Wage Claims

09/22/09 - 2009 Employment Law Half-Day Seminar

08/11/10 - Health Care Reform: Immediate Impact and Big Picture for Employers

05/18/10 - Key Employees: Wooing, Rewarding, & Parting. What to Consider in Employment Agreements

06/24/09 - National Association of College and University Attorneys' Annual Conference

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