COSGRAVE LAW / Legal Ez

Beginning on July 1, 2018, employers must start withholding Oregon’s statewide transit tax from the wages of Oregon residents (regardless of where the work is performed); and (2) wages of non-Oregon residents who perform services in Oregon.  The tax is one-tenth of one percent (.001) if the employee’s wages.  While it is not imposed on […]

No one likes receiving demand letters.  Demand letters are often sent by a would-be plaintiff to a would-be defendant before a lawsuit is filed.  They demand payment of money, and say that a lawsuit will be filed if the defendant doesn’t pay.   If you ever receive one, and the amount demanded is relatively small, you […]

It used to be that restaurants could not require that tips be pooled and distributed between tipped and non-tipped employees (e.g. servers and kitchen staff).  Congress has changed that Employers can now require tip-pooling IF… Each participant employee is paid the full minimum wage before tips (that mean no tip credits!) AND The employer/manager/supervisor does […]

With the recent rallies of white supremacists, neo-Nazis, and other hate groups happening around the country, it’s important for employers to understand their rights and legal obligations when it comes to hate-speech in the work place, and why having a zero-tolerance policy for discriminatory and racist speech is important for more than just moral and […]

Contracts frequently contain indemnity provisions.  An indemnity provision is a clause that transfers risk between the parties to a contract.  Under such a provision, one party (called the indemnitor) agrees to defend and reimburse the other party (the indemnitee) for damages or losses resulting from claims arising out of the contract.  Indemnity provisions can be […]

We have all mindlessly tapped on the “I Agree” button after installing a new app on our phones or creating a new account with a service. By doing so, we have agreed to the “terms of use” (or “terms and conditions” or “terms of service” – whichever label is used). Despite the fact that this […]

Forum selection clauses are common in contracts today.  In a forum selection clause, the parties to a contract designate a particular court or courts as having jurisdiction over disputes the parties may have about the contract.  Some forum selection clauses allow, but do not require, certain courts to hear disputes.  Others provide that a particular […]

You may have read about the turmoil BOLI caused by suddenly changing its interpretation of overtime laws governing employees in manufacturing facilities.  If you’re not aware of the issue, check out our most recent Business and Employment Law Newsletter. In  an nutshell, for decades BOLI had been telling manufacturers to pay either the higher of […]

As closely held companies grow, their number of shareholders often increases as well.  This is frequently a sign of success, but it can create certain problems.  For example, a larger or diversified shareholder base can prevent a company from becoming an S Corporation for tax purposes.  Additionally, companies with too many shareholders who own small […]

An employee who regularly is absent, arrives late or leaves early can be a headache for a manager.  Oftentimes the manager gets fed up with the employee and either writes them up or fires them for being unreliable.  However, employers must tread lightly before deciding to discipline or discharge an employee who misses work for […]