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The unpredictable world of employment law makes it tough to determine what the future might hold. But, no matter what, the new year promises to be a busy one for employers. Here’s why:

Oregon’s 2008 special session

The Oregon Legislature plans to meet in 2008 for a 鈥渟upplemental鈥� session beginning Feb. 4.

The Legislature will most likely try to steer clear of controversial and potentially time-consuming issues, especially in an election year. And, that’s good news for employers when it comes to issues such as California-style paid family and medical leave, a potential nightmare for Oregon companies.

However, this steer-clear mentality will leave employers hanging when it comes to badly needed fixes, such as the proposed bill that would clarify an employer’s right to terminate workers affected by medical marijuana. We should know more by the end of February, but don’t expect any significant employment developments from state legislators.

An increase in non-compete matters
Added together, a tight labor market, an increase in high-tech and professional sector jobs, and an increasingly younger and more transitory work force create a recipe for a burgeoning role in non-competition and trade secrets litigation.

Employers will continue to recognize the need to aggressively protect their intellectual property through non-competition agreements and non-disclosure pacts in 2008, while employees (and their lawyers), who yearn to be free of these confines, will actively litigate these matters in the coming year. They’ll be bolstered by new Oregon laws that went into effect Jan. 1 and made it tougher for employers to enforce these agreements, which will no doubt lead to increased court battles on this front.

New challenges on the radar

Having just rung in 2008, Oregon employers should look fondly back on last year and reminisce about the good old days. A few changes in the law in effect as of Jan. 1 will make 2008 an unhappy new year for many employers.

There is likely to be a big increase in employment litigation filed by disgruntled former (and current) employees. A new law now allows employees to file state law discrimination claims and collect compensatory emotional distress damages and punitive damages.

What’s more, these damages are completely unlimited, meaning you might see million-dollar jury verdicts by the end of the year. Certainly, the amount of litigation filed will increase, as attorneys will be more willing to gamble and file suit under this new system.   

Immigration, employee wellness programs and something called 鈥淔RD鈥� will be additional hot topics employers should monitor in 2008.

Expect the Social Security Administration and the Department of Homeland Security to tackle workplace immigration issues with renewed fervor in 2008, and expect a flurry of no-match letters to be sent out by the middle of the year.

Rising health care costs will continue to challenge employers in 2008, but a growing trend in wellness programs is expected to offer safe haven for companies in ever-increasing numbers.

And, if you haven’t heard of FRD by now, you can bet you’ll have heard plenty of it by the end of the year. FRD stands for 鈥渇amily responsibility discrimination,鈥� and although it doesn’t represent a new kind of discrimination law, it encompasses the growing number of cases that deal with issues involving worker’s family responsibilities 鈥� child-rearing, pregnancy, breast-feeding, sick children, paternity leaves, etc.

The state of Oregon’s economy, new legislation, the politics of an election year, unexpected court decisions, media and cultural happenings, and societal trends will all play a role in how our workplaces are shaped in 2008.

Rich Meneghello is a partner at the Portland office of Fisher & Phillips LLP, one of the oldest and largest employment law firms in the country, and is dedicated to representing the interests of management. He can be reached at [email protected] or 503-205-8044.