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Oregon Limited Liability Companies: Do I Need An Operating Agreement?

by Lee Lashway Limited liability companies (“LLCs”) have become a common choice of entity in Oregon in the 20-plus years since adoption of the Oregon Limited Liability Company Act (“Act”). LLCs are formed by filing Articles of Organization (“Articles”) with the Oregon Secretary of State. One of the advantages of LLCs is substantial flexibility in [...]

Eugene Follows Portland’s Lead: Employers Required to Provide Paid Sick Leave

by Kate Grado The Eugene City Council passed a sick leave ordinance this week that affects most employers engaged in business in the City of Eugene. The Eugene ordinance, which is scheduled to take effect July 1, 2015, requires that employers provide employees with one hour of paid sick leave for every 30 hours the employee [...]

Labels Can Be Misleading: General Partnership Interests As Securities

by Lee Lashway In a previous article titled “Are Membership Interests in LLCs Securities Under Oregon Law?”, we considered the application of investment contract theory to determine whether interests in member-managed limited liability companies (“LLCs”) could be considered securities and therefore subject to securities law compliance requirements. Interests in manager-managed LLCs are typically investment contracts, [...]

Executing Enforceable and Practical Non-Compete Agreements

by Jason Yarashes Savvy business owners realize the value of key employees. The savviest business owners consider the execution of a strong non-compete agreement with key employees to avoid costly fallout when key employees leave the business. The loss of client lists, pricing models, customer relationships, and business goodwill—along with loss of key employees themselves—could [...]

NLRB Lays Its Notice Posting Rule to Rest

by Kate Grado What seems like ages ago, the National Labor Relations Board (NLRB) published a controversial rule that required a significant portion of private sector employers — both union and non-union — to post a notice informing employees of their rights under the National Labor Relations Act. The rule was scheduled to take effect [...]

Veterans Preference: New Temporary Rule for Oregon Public Employers

by Kate Grado The Oregon Bureau of Labor and Industries (BOLI) recently issued a new temporary rule that addresses the veterans preference obligations of Oregon public employers. The temporary rule clarifies that job recruitment announcements for civil service positions must include any special qualifications and transferable skills required or requested for the position, in addition [...]

Succession Planning: No Better Time to Start Than Now

by Jason Yarashes As the old adage goes:  Sometimes, you don’t know what you’ve got until it’s gone. This saying is applicable to innumerable instances throughout life, not the least of which is business owners who wait to consider selling the business until the day they want to sell the business. Succession planning for eventual [...]

Federal Contractors and Subcontractors: Is your business prepared to comply with new requirements?

by Kate Grado The Office of Federal Contract Compliance Programs (OFCCP) in the Department of Labor recently finalized a new rule affecting the nondiscrimination and affirmative action obligations of federal contractors and subcontractors. The new rule, which is effective on March 24, 2014, includes changes to the requirements surrounding equal opportunity clauses, invitations to self-identify, [...]

Tips for Productive 2013 Year-End Tax Planning

by Ted Simpson Year-end tax planning could be especially productive this year because timely action could nail down a host of tax breaks that won’t be around next year unless Congress acts to extend them, which, at the present time, looks doubtful. These include, for individuals: the option to deduct state and local sales and [...]

EEOC and Criminal Background Checks

by Shari Lane On September 16, 2013, Aaron Alexis, a former Navy reservist, shot and killed twelve people in a Navy Yard, and wounded many others. Mr. Alexis had a criminal history and history of serious mental illness, and human resources staff may be wondering how Mr. Alexis slipped through the Navy’s background checks and [...]