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Personal Guarantees in Subcontract Agreements

The subcontract may be the most employed agreement in the construction industry. The upstream contractor uses the subcontract to “push down” part of its scope of work to a specialized trade. Construction subcontract agreements are vanilla and predictable. The drafting or reviewing construction attorney can anticipate the same provisions using stock language: scope of work,…
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Avoiding Accidental Foreign Taxable Presence: Permanent Establishment Risk

As U.S. companies expand operations around the world, one common risk that is often overlooked is the accidental creation of a taxable presence in another country. You don’t need to have a formal legal entity in another country to subject your U.S. company to taxation there. There are numerous ways to create a taxable presence.…
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Oregon Malt Beverage (Beer!) Distribution Statute

Oregon has one of the most favorable malt beverage distribution statutes in the country. It is important to be familiar with it, regardless of whether you are a brewer or a distributor. Having just successfully litigated a case on behalf of one of our clients, we wanted to write about the important statute. What is…
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What happens to your commissions if you’re fired or quit?

It is not uncommon for some employees to be paid on commission rather than, or even in addition to, receiving other forms of compensation. For example, people working in the sales industry are usually, wholly or in part, paid based on a sales commission—i.e., a sum of money paid to the employee upon her or…
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Understanding Oregon’s new Equal Pay Act of 2017.

Oregon Equal Pay Act (ORS 652.220) Who does the Equal Pay Act apply to? All employers with one or more employees performing work in the state of Oregon. What does the Equal Pay Act require? There are many components of Oregon’s Equal Pay Act and you should consult with an attorney to understand them…
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Health Care and the FLSA: Is a Physical Therapist FLSA Exempt under the Professional Exemption?

Health Care and the FLSA: Is a Physical Therapist FLSA Exempt under the Professional Exemption? Through conversations and legal representation of health care clients, I have learned that state agencies in Oregon (Bureau of Labor and Industries) and Washington (Labor and Industries) have been aggressive in challenging the FLSA’s application to physical therapists. The determination…
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Can Non-Licensed Individuals Own a Medical Practice?

Can Non-Licensed Individuals Own a Medical Practice? In 1947 Oregon Supreme Court Justice Arthur D. Hay wrote in an opinion that, “if the competent practitioners were not clearly distinguished, the mass of the public would fall into the hands of quacks and charlatans when their most fundamental needs were at stake.” The case before Justice…
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The Importance of the Physician Employment Contract

“It is strongly recommended that the employer and the potential employee each retain an attorney to assist in evaluating and negotiating the employment contract.” ~American Medical Association~ Employment contracts are important for two key reasons. First, they establish the legally enforceable expectations in the relationship between employer and employee and second, they set the…
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RETALIATORY ACTIONS AND THE NEW EEOC COMPLIANCE MANUAL

A few days ago the Equal Employment Opportunity Committee (“EEOC”) traded in their used 1998 Compliance Manual for a brand spanking new manual with all the bells and whistles from the last two decades of jurisprudence. The new Compliance Manual is packed with useful information on Retaliatory Claims and is over 60 pages long. Engrav…
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