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Did You Know

HR MATTERS • June 2026

Did you know the Oregon Court of Appeals clarified that an employee asking for a raise is a protected activity?

In Mirkovic v. Tenasys Corp. (April 2026), the Oregon Court of Appeals clarified that the state’s wage transparency law protects an employee from retaliation for merely asking for a raise.

For background, an employee requested a promotion and salary increase and, just days after negotiating via email, was terminated. The employer argued that wage transparency laws only protect co-workers discussing pay among themselves to promote pay equity, not an individual request for a raise directed to management.

The court flatly rejected that narrow view. It ruled that the law plainly covers an employee inquiring about their own wages with management. This means an employee is protected from retaliation even if there is no claim of pay inequity or discrimination involved.

This case provides universal lessons for handling compensation conversations:

  • Employers have every right to lawfully deny a raise request based on budget, performance, or market rates. However, you cannot discipline, terminate, or disadvantage an employee because they asked.
  • In this case, the termination happened days after the wage request. When adverse actions (like termination or demotion) closely follow a protected activity, courts heavily scrutinize the timing.
  • If you must terminate or discipline an employee who recently asked for a raise, your documentation must clearly prove that the action was based entirely on legitimate, non-retaliatory business or performance reasons.

Your response to a request for a raise may matter just as much as whether or not you grant it. Ensure your management teams are trained to handle compensation discussions professionally and without defensiveness.

Did you know Maine enhanced their labor law enforcement?

Effective July 14, 2026, Maine’s LD 1587 vastly expands the state Department of Labor’s (DOL) power to investigate, penalize, and collect from employers for state employment, wage and hour, and unemployment compensation law violations. Maine’s DOL is transitioning into an enforcement body with tools that should make every business owner take notice:

  • Broad Subpoena Powers: The DOL can now compel both in-state and out-of-state employers to hand over records and provide testimony under oath.
  • Asset Seizure Without a Court Order: If an employer fails to pay assessed wages or penalties, the state can issue a “notice of levy” to seize bank accounts or even the personal assets of the business owners—without needing a judge’s approval.
  • The $1,000-a-Day Penalty Clock: Once an enforcement order is final, failing to pay or correct a violation triggers compounding fines of up to $1,000 per day.
  • Mandatory Employee Notifications: If found in violation, employers are legally required to post the violation notice conspicuously at the worksite. Furthermore, you must directly notify all current and former employees who worked during the violation period via mail, email, or text.

LD 1587 signals a more assertive enforcement posture by the Maine Department of Labor. Employers operating in Maine should assess compliance practices now to reduce exposure and ensure readiness should an investigation arise.

Did you know ICE has begun to crack down on Form I-9 errors?

Recently, Immigration and Customs Enforcement (ICE) has updated its audit guidance, and the compliance risks for employers just got significantly higher.

Historically, if ICE audited your business and found minor omissions on an I-9, they classified them as “technical or procedural” errors. Employers were granted a 10-day grace period to correct them. That safety net is now gone for many common mistakes.

ICE has reclassified several routine paperwork slips as substantive violations. If an auditor finds them, your business faces immediate monetary penalties with zero opportunity to fix the error.

The following omissions may now trigger immediate fines:

  • Section 1 (Employee Info): Missing the employee’s date of birth or failing to date Section 1.
  • Section 2 (Employer Review): Missing date of hire, failing to date the employer certification, or leaving off the employer representative’s job title.
  • Document Information: Missing required document details (like document numbers or expiration dates)—even if you kept a legible photocopy of the ID or work authorization.
  • Supplement A – Preparer/Translator: Incomplete or missing Preparer/Translator information
  • Supplement B: Missing rehire date.
  • Form Usage: Using the Spanish-language version of the Form I-9 anywhere outside of Puerto Rico.

Because you no longer have a buffer period to correct these errors during an active ICE inspection, proactive defense is your only option. Here is what you should do immediately:

  • Conduct an Internal Audit: Review your current active employee files to catch and legally remediate these omissions now, while you still can.
  • Review Your Onboarding Software: If you use an electronic I-9 system, double-check that its auto-population features or defaults aren’t accidentally bypassing or clearing out these newly critical fields.
  • Train Your Onboarding Team: Ensure anyone handling your new-hire paperwork thoroughly understands that a Form I-9 is legally incomplete if a single date, title, or document field is left blank.
Did you know 2 more states, Maine & Utah, banned non-compete agreements for health care workers?

Maine: effective 90 days after the adjournment of the Maine legislature, a Maine employer may not require a licensed health care practitioner to enter a non-compete agreement if the practitioner does not have an ownership interest in the practice. 

Utah: effective May 6, 2026, a Utah employer may not require a licensed health care worker to enter a non-compete agreement. In addition, any non-solicitation agreement with a health care worker is void and unenforceable if it prohibits the health care worker from informing a patient of their current or future place of employment.

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