Portland Business Law Blog

Which Of My Employees Qualify For Overtime Pay?

It can be difficult to determine whether your business must pay an employee minimum wage and overtime. Generally, an employer must pay minimum wage and overtime to all "non-exempt" employees. What is an exempt employee, then?

It is up to the employer to establish that an employee meets the criteria for exempt status. An employee must meet both state and federal tests to qualify as an exempt employee. The tests look at the employee's duties and salary to determine whether the employee is exempt.

Five Things to Consider When Responding to a BOLI Complaint

The Oregon Bureau of Labor and Industries (BOLI) responds to complaints filed by employees against their employers. Allegations range from failing to pay the correct amount in the employee's final paycheck to retaliation for filing a workers' compensation claim or for taking family medical leave allowed by law.

BOLI reviews complaints, and then contacts employers for a response. If BOLI finds the employee's complaint credible in light of the employer's response, it may decide to file an administrative action against the employer. An enforcement action is much like a lawsuit and can impose legal liability on the employer, without some important protections an employer would otherwise receive in a civil trial.

Are Online Legal Forms A Good Idea?

Let's face it--lawyers can be expensive. Online forms and low-cost online legal help have become increasingly popular. When a transaction seems routine or you trust the person with whom you are entering into a contractual relationship, these online resources are tempting and you may want to print off free or low-cost documents from the internet.

Unfortunately, like many things in life, you get what you pay for.

Getting The Most Value Out Of Your Legal Counsel

In many business disputes the stakes are high. When it becomes clear that a dispute will be difficult to resolve, it may be time to seek legal counsel.

Making the decision to hire an attorney is an important one. An attorney can prove to be one of your most value assets as you face a high-stakes business dispute. But how do you ensure that you get the most value out of your attorney? Here are some things to keep in mind:

Partition Actions

How To Get Out Of Joint Ownership Of Property With Someone You Don't Get Along With Anymore

When a business or personal relationship goes south for parties who own property together, typically the last thing they want to do is to continue to be tied together by real estate. The best option is for one the parties to negotiate a buyout of the other party or to jointly agree to sell the property outright. But the issues that ended the relationship can cause one or both parties to be unreasonable and refuse to agree to a buyout or sale. When it gets to that point, a partition action can force a sale.

Gathering Evidence To Win Your Business Dispute

A business dispute can become very costly and distracting thing to go through. When you are unable to quickly and fairly resolve a dispute on your own, it's time to look to a business attorney for guidance.

Although laypersons like to think cases are won on the unparalleled skills of their lawyer, without good facts and supporting evidence, even the best lawyers come up short.

Does a Contract Have To Be In Writing To Be Legally Enforceable?

"Get it in writing" is good advice for anyone entering into a business relationship.

A contract is a legally enforceable agreement that is made between two or more individuals or entities involved in some sort of transaction or business relationship. There are certain requirements that must be met in order for a contract to be valid. For example, both parties must agree to all of the material terms of the contract in order for it to be valid.

Creating Effective Business Contracts

Behind every important business relationship or transaction is a business contract. A business contract should clearly identify the rights and obligations of each party, provide legal protections, protect trade secrets, contain a dispute resolution mechanism, and much more.

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