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Schwabe, Williamson & Wyatt

Jean Ohman Back

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Expertise

Non-Compete and Trade Secrets
Employment, Labor and Benefits
Employment Litigation
Business Transitions

WSG Practice Industries

Activity

Schwabe, Williamson & Wyatt
Oregon, U.S.A.

Local Time: Tue. 07:19

503-796-2960

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WSG Leadership

Employment and Labor Group

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WSG Coronavirus Task Force Group

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Profile

Jean Back brings more than 25 years of experience in helping manufacturers and technology-focused employers solve problems to complicated employment scenarios. She has broad expertise in litigation, mediation and settlement of employment and business tort claims. She is fluent in all areas of state and federal employment, wage and hour, discrimination, and leave laws. She is skilled at training managers and employees in employment compliance.

Track Record of Success

Leadership – Highly skilled mentor and advisor at all levels.
Committed to Manufacturing and Technology – As the Secretary/Treasurer on the Board of the Oregon Manufacturing Extension Partnership, Jean has a deep understanding of the challenges faced by Oregon manufacturers. Jean is also involved with and has spoken on several panels for the Technology Association of Oregon.
Litigation Budgeting – Well versed in managing detailed budgets for complicated litigation matters.
Communications – Adept creator of collaborative written and oral communications with clients, courts, administrative agencies, colleagues, and opposing counsel.
Writing – Skilled in written advocacy, including drafting briefs, EEOC and state administrative charge responses, and in contract drafting, including, but not limited to employment agreements, separation agreements, non-disclosure/non-solicitation agreements, and intellectual property agreement.
Affirmative Action Plans – Experience creating and developing Office of Federal Contract Compliance Programs (“OFCCP”) Affirmative Action Plans, Wage Hour Audits, and Equal Pay Audits for clients in a variety of industries.

Testimonial

"Michael Garone and Jean Back are who I work with most. They are always on top of current employment & case law decisions. They tailor their advice based on my company's existing policies, practices, and culture so that I can easily apply it to our current work environment. They quickly grasp complex issues and come back with a logical solution or the right document that I need for every situation. Their fast responses & expertise saves me time & based on a proven track record, I am always confident I've got the best advice from them."

-SEH America

Bar Admissions

Oregon State Courts
Washington State Courts
United States District Court, District of Oregon
United States District Court, Western District of Washington
United States District Court, Eastern District of Washington
United States Court of Appeals, Ninth Circuit

Education

University of Oregon School of Law, Juris Doctor degree (1991)
University of California at Santa Barbara, Bachelor of Arts degree in Political Science, minor in French (1983)

Areas of Practice

Professional Career

Significant Accomplishments

Trusted Advisor, Collaborator

Jean’s practice is split between advice and litigation. Acting as a legal advisor, Jean gets to know your organization and industry and takes on the role of a trusted and knowledgeable extension of your business. Armed with this knowledge, Jean can step in quickly to provide advice regarding risks and strategies to tackle key problems. Examples of Jean’s work include:

Stepped in after three key employees left an organization, set up a competing company with a similar name, and solicited employees. The new organization’s advertisements and web page were similar in appearance to the client’s, which caused confusion for the client’s customers. Jean quickly sent a cease and desist and Complaint to attorneys for the competing employees. The matter was resolved in mediation, avoiding expensive litigation
Drafted a cease and desist letter to employees who left a design firm and were using the firm’s trade secrets and work product for their new employer. Jean was successful in obtaining agreements to cease using any work product from the original employer, and in obtaining affidavits from each employee regarding their agreement not to compete in the future.
After complaints of harassing and bullying behavior by one employee who claimed to be disabled, Jean met with the key company managers involved in employment compliance and provided advice on discipline for the employee, whether a harassment investigation was warranted by behavior, and talking points for future interactions. Jean provided step-by-step advice that resulted in the company’s ability to stop bullying behaviors, and to retain a key employee.

Litigation

Ryman v. Sears Roebuck and Co. (achieved complete summary judgment in Federal District Court for Sears on Plaintiff's OFLA, FMLA, and wrongful termination claims).
Masons Supply Co. v. Lindsey (prevailed in a preliminary injunction hearing on behalf of Masons to enforce its non-competition agreement with a departing employee).
Dixon v. Western States Insurance Agency (achieved a complete walk-away and dismissal of all claims by the Plaintiff after summary judgment briefing).
Carson Oil v. Snyder (achieved a favorable settlement that included adherence to a non-solicitation provision preventing solicitation of Carson's customers by Snyder, a former employer.

Articles

Congress Makes Additional Paid Family Leave and Paid Sick Leave Optional
Schwabe, Williamson & Wyatt, December 2020

The dust has now settled on the new stimulus bill signed by President Trump on December 27, 2020. The changes to the Families First Coronavirus Response Act (“FFCRA”) were buried in over 5,000 pages of text and provide a choice for employers to continue paid leave benefits for their employees as follows: Congress extended the tax credits for employers that provide both paid sick leave and paid family leave through March 31, 2021...

Vault Your Business Out of the Pandemic: Three Employment Topics to Keep an Eye On
Schwabe, Williamson & Wyatt, December 2020

“On the other side of a storm is the strength that comes from having navigated through it. Raise your sail and begin.” Gregory S. Williams Your business and employees have just experienced an extraordinary year. We have learned new ways of working, embraced new technology, and incorporated many new legal requirements, but most importantly, we have persevered...

The CDC Revises the Definition of Close Contact
Schwabe, Williamson & Wyatt, October 2020

On October 21, 2020, the Center for Disease Control (CDC) published a new guidance for use by contact tracers that clarifies what had been a somewhat fuzzy definition of “close contact.” The new definition increases the number of individuals presumed to have an exposure to COVID-19, and will significantly affect schools and workplaces since those presumptively exposed individuals will be asked to isolate for a period of 14 days...

Additional Articles

COVID-19: Emergency Imposition of Paid Family Medical and Sick Leave
Congress Makes Additional Paid Family Leave and Paid Sick Leave Optional
Vault Your Business Out of the Pandemic: Three Employment Topics to Keep an Eye On
OP-ED: Portland Real Estate Trends to Monitor in the Year Ahead
New Federal Contractor Requirements under Executive Order 13950: Prohibiting Race or Sex Stereotyping or Scapegoating
Oregon Health Authority’s New Mask Guidance Affecting Oregon Businesses
The CDC Revises the Definition of Close Contact
Oregon Upholds Meal-Break Compliance
Drafting Legally Sound Job Descriptions
Oregon Employment Law Update: Summary & To Do List
Oregon Minimum Wage Increase
New Requirements for Noncompetition Agreements in Oregon and Washington
Avoiding Discrimination Claims as the Result of a Reduction in Force
Federal Overtime Rule Updates
Oregon Equal Pay Act: What Employers Need to Know
A Human Resources Manager’s Guide to the GDPR (Part 4)
Key Steps to GDPR Compliance for U.S. Companies (Part 3)
Key Privacy Requirements of the GDPR for U.S. Companies (Part 2)
How the GDPR Will Impact U.S.-Based Companies (Part 1)
Congress Paves the Way for Tip Pooling to Include Back-of-the-House Employees
New Proposed Rule Allowing Tip Pooling Between Servers and Back of the House
BOLI Publishes Final Manufacturing Overtime Rules and Sample Overtime Consent Form
Public Hearing Set for Amended Overtime Statutes
Department of Labor and Industries Issued Final Paid Sick Leave Rules
2017 Manufacturing Employment Law Update
Federal Contractors Must Now Provide Privacy Training to Employees Who Handle Personally Identifiable Information
Top Employment and Employee Benefit Issues to Look for in 2017
BOLI Changes Rule Regarding Overtime Payment For Manufacturing Employees
Federal Court Issues Injunction Blocking DOL Salary Rule
OSHA Citations for Workers’ Compensation Retaliation, and More
OP-ED: Choosing the next-level leader for a family business
Manufacturing and Technology Industry Skills Gap for Incoming Youth: Takeaways from Gateway to College Panel Discussion
DOL Announces Final Rule Updating Overtime Exemptions
Update on Salary Increase for the FLSA White-Collar Exemptions
New Restrictions on Tip Pooling
City of Portland Passes More Restrictive Ban the Box Ordinance
Schwabe in the Field: New Paid Rest Break Ruling Burdens ?Washington Agriculture — Oregon May ?Be Next??
It's Time (It's Really Time!) to Evaluate Independent-Contractor Classifications
Don't Forget About ?Employment Agreements
ADA Best Practices For Employers Engaging in an Interactive Process Conversation with Employees?
Protecting Social Media Information When an Employee Leaves

Seminar

Manufacturers Roundtable: Returning to Work and Employment Liability
Webinar: Employment Law COVID-19 Updates
Webinar: Social Distancing Best Practices
Manufacturing Employment Roundtable
Town Hall: Managing in Scary Times
Webinar: Employment Law Covid19 Updates
DOL Salary Regulation Changes and more
Employment Law Roundtable
Employment Law Seminar
Food Northwest Leadership Summit 2019
2018 Oregon Society of Association Management's Annual Conference
Employment Law Updates – Free Webinar
Oregon Manufacturers' Summit
Legal Changes After Trump's First Year – What is New in Employment Law?
Webinar: Legal Changes After Trump's First Year – What is New in Employment Law?
Manufacturing Symposium
Webinar: Privacy, Security & Confidentiality - Keeping Your Employees Compliant
Top State and Federal Employment Issues to Look for in 2017
Oregon 2017 Employment & Employee Benefit Seminar
Top Employment and Employee Benefit Issues to Look for in 2017
Human Resource Law: What You Need to Know Now
Oregon Manufacturers’ Roundtable
Sterling Education Services Seminar: Essentials of Employment Law
Webinar: Legal Awareness for Supervisors
Willamette University Law School Symposium: Privacy and Data Security for Counsel
Webinar: How To Create a Consistent Workplace Culture
Webinar: War for Talent—Attracting & Retaining Staff

Blogs