Paul M. Ostroff
Shareholder
ostroffp@lanepowell.com
503.778.2122
Areas of Practice
Paul Ostroff provides advice and counsel to employers in all phases of labor and employment
law, including collective bargaining, labor arbitration, union organizing campaigns, employment
discrimination, discipline and discharge, wage and hour, employee benefits, workers’ compensation,
drafting of policies and handbooks, ADA, FMLA, employment contracts, covenants not to
compete, and occupational safety. He represents and advises clients in a variety of industries, such
as retail, manufacturing, software, computer technology, transportation, health care, public utilities,
hospitality, financial services, apparel and the public sector. Paul regularly represents employers
before federal and state courts and administrative agencies, including the National Labor Relations
Board, the Equal Employment Opportunity Commission, the Oregon Bureau of Labor and
Industries, the California Fair Employment and Housing Commission and the U.S. Department of
Labor.
Admitted to Practice
Oregon
California
Ninth Circuit Court of Appeals
U.S. Supreme Court
Academics
University of Chicago (MBA)
University of California, Hastings College of Law (J.D.)
University of California, Berkeley (B.A., Political Science)
Practice Group and Specialty Team Memberships
Business Crisis Management and Emergency Remedies
Education
Labor and Employment
Long Term Care and Seniors Housing Client Service Team
Public and Private Partnerships
Wage and Hour
Representative Matters and Clients
Wal-Mart Stores, Inc., 343 NLRB 1287 (2005)
Teamsters Local 174 (Airborne Express), 340 NLRB 137 (2003)
City of Huntington Beach v. Board of Administration of the Public Employees Retirement System, 4 Cal 4th 462, 841 P2d 514 (1992)
Oregon Laborers-Employers Health & Welfare Trust Fund v. Philip Morris, Inc., 17 F.Supp.2d 1170 (D. Or 1998)
ATI Wah Chang
Oremet - Allvac
NuStar Energy LP
United Rentals, Inc.
Weyerhaeuser
Extendicare Health Services, Inc.
Community Health Systems
Nordstrom
Iberdrola Renewables
Macy’s
Tesoro Refining & Marketing
Ventura Foods LLC
Publications
“Major Employment Law Challenges Facing Employers in 2016,” Oregon Business magazine, Author (March 2016)
“Your Oregon Legislature in Action: Employers Face Statewide Sick Leave, ‘Ban the Box’ and More,” Oregon Business magazine (August/September 2015)
“Labor Pains: Thinking About Starting an Internship Program? Be Careful. Navigating Unpaid Internships Can Be Tricky.” Oregon Business magazine, Quoted (February 2015)
“Recent Court Decisions Shine a Renewed Light on the Desirability of Employee Arbitration Agreements,” Oregon Business magazine, Co-author (October 2013)
“Social Media in the Workplace: A New Web of Regulations Falls on Employers,” Banking Matters magazine (Summer 2013)
“Blueprint for Remote Success,” Legal Management magazine, Quoted (July/August 2013)
“DOL Tip-Pooling Loss May Spur More Agency Rule Challenges,” Law360, Quoted (June 10, 2013)
“The Worker Adjustment Retraining and Notification Act (WARN),” book chapter published in Labor and Employment Law – Private Sector, Oregon State Bar (2011)
“Subcontractor Liability: Are You Your Brother’s Keeper?” BUILDERnews magazine, Co-author
(December, 2010)
Paul is a frequent contributor and author for the Portland Business Journal’s labor and employment law column titled “Ask the Legal Professionals”
“Telecommuting: The Legal Landscape and Best Practices For Employers,” Human
Resources 2008: Answers to Your Top 25 Questions, Thompson West (2008)
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Thompson’s HR Employment Forms, Revised 3rd Ed., Contributing author (2007)
The Developing Labor Law, 5th Ed., (Bureau of National Affairs, 2006), 4th Ed., (Bureau of
National Affairs, 2001), 3rd Ed., (Bureau of National Affairs, 1992) (Contributing editor,
chapters on secondary boycotts, hot cargo agreements, and labor law issues in antitrust and bankruptcy.)
Cumulative Supplements - The Developing Labor Law, 5th Ed., 4th Ed., 3rd Ed., Bureau of National Affairs, Contributing editor (1993 - 2007)
Basic Wage and Hour Law in Oregon, National Business Institute, 1998 and Oregon Wage and Hour Update, National Business Institute, Co-author (2005)
“Oregon Legislative Developments,” Vol. IV, No. 9, The Oregon Labor Letter, (September 1997)
“A Summary of Oregon Legislative Developments,” Vol. II, No. 8, The Oregon Labor Letter,
(August 1995)
California Labor and Employment Law Quarterly, Labor and Employment Law Section, State Bar of
California, Editor (1987-1989)
“The Binding Effect of Negotiated Changes in the Master Agreement on Short Form Signatories:
New Uncertainties in the Ninth Circuit,” Vol. 4, No. 4, California Labor and Employment Law Quarterly (Winter 1986)
“The Defense of Laches in Public Employee Discharge Litigation Under CCP Section 1094.5,”
Vol. 4, No. 1, California Labor and Employment Law Quarterly (Spring 1985)
Speaking Engagements
“The Changing Landscape of Labor and Employment Laws and How to Best Meet the Key
Challenges That Lie Ahead,” Lane Powell’s 33rd Annual Labor and Employment Seminar,
Portland (April 7, 2016)
“Annual Labor and Employment Law Update,” Lane Powell’s 32nd Annual Labor and Employment Seminar, Portland (April 9, 2015)
“National Labor Relations Board Update,” Oregon State Bar Labor and Employment Sedtion’s Annual CLE (October 10, 2014)
“Annual Labor and Employment Law Update and the Road Ahead: Lessons for Best Employers,”
Lane Powell’s 31st Annual Labor and Employment Seminar (April 3, 2014)
“Portland Sick Leave Ordinance — What Employers Need to Know Now,” Lane Powell Labor and
Employment Seminar, Co-presenter (January 23, 2014)
“Maximizing Leverage and Minimizing Risk at the Hiring Stage,” Lorman Education Services Employment Law Seminar (December 11, 2013)
“Status of Unionization Efforts and the National Labor Relations Board (‘NLRB’),” The Seminar Group’s Fifth Annual Labor and Employment Conference, Portland, Ore. (October 25, 2013)
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“Advanced Wage and Hour Law,” Oregon State Bar Labor and Employment Section’s Annual Meeting/CLE (September 20, 2013)
“Annual Labor and Employment Law Update and the Road Ahead: Lessons for Best Employers,”
Lane Powell’s 30th Annual Labor and Employment Seminar, Portland, Ore. (April 2, 2013)
“The New Climate For Unionization — What Employers Can and Should Do to Maintain a Union Free Workplace,” The Seminar Group’s Fourth Annual Labor and Employment Conference, Portland, Ore. (November 2, 2012)
Seattle Paid Sick and Safe Leave Ordinance - Ready, Set, Go! Preparing for Compliance on September 1. “Strategies for Unionized Workplaces to Reduce Liability and Costs,” Lane Powell Breakfast Briefing, Seattle, Wash. (August 7, 2012)
“Status of Unionization Efforts and the National Labor Relations Board (NLRB),” The Seminar Group’s Third Annual Labor and Employment Seminar (October 20, 2011)
“The New Climate for Unionization in the Health Care Industry — What Employers Can and Should Do To Maintain A Union Free Workplace,” Washington Health Care Association Fall Conference (September 27, 2011)
“Telecommuting: The Next Wave of Wage and Hour Litigation,” Lorman Education Services Audio Conference (February 9, 2011, and August 2, 2011)
“Upcoming Developments at the NLRB and What Employers Can do to Prepare for Them,” Associated Oregon Industries Annual Meeting (December 9, 2010)
“Documents Employees Should Sign – Protecting Company Assets and Limiting Liability” Oregon State Bar, Business Law Section CLE (December 2009)
“Employee Compensation - What Are Companies Doing in 2010?” and “Avoiding Legal Minefields in Employee Compensation in the Economic Downturn,” Tech-America (November 2009)
“The Nuts and Bolts of Wage and Hour Law,” Oregon State Bar Annual Labor and Employment Seminar (September 2009)
“Obama’s Labor and Employment Law Agenda- Responding to the Challenges to Corporate Growth,” Association for Corporate Growth, Portland Chapter (July 2009)
Changes to Non-Compete Laws - Implications for Technology Companies, AeA Oregon, Portland, Ore. (November 2007)
Immigration Issues in the Workplace, Labor and Employment Relations Association, Portland, Ore.
(April 2006)
When Things Go Sour: Unfair Labor Practice Charges and Procedures, American Bar Association,
Region 19 of the National Labor Relations Board and King County Bar Association, Seattle Wash. (October 2004)
The ADA Interactive Process, Oregon State Bar, Disability Law Section, Portland, Ore. (February 2003)
Wage and Hour Update, National Business Institute, Portland, Ore. (July 2003)
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The Effective Manager’s Guide to Avoiding Claims of Wrongful Discharge, Oregon Bureau of Labor
and Industries, Portland, Ore. (2002)
Responding to a Union Organizing Campaign, Lane Powell PC Labor Law Seminar (2003)
Hot Topics in Employment Law, Lorman Education Services, Portland, Ore. (2002, 2001, 2000,
1999)
Labor and Employment Law in Oregon, Lorman Education Services, Portland, Ore. (2001, 2000,
1999)
Family Medical Leave, Oregon Bureau of Labor and Industries, Portland, Ore. (2001)
Unemployment Insurance: What Employment Law Practitioners Should Know, Oregon Law
Institute, Northwestern School of Law, Lewis and Clark College (1999)
Understanding Employment Law, Council on Education in Management, Portland, Ore. (1999)
Basic Wage and Hour Law in Oregon, National Business Institute, Portland, Ore. (1997, 1998)
How to Handle an Internal Investigation, Council on Education in Management, Bellevue, Wash.
(1998)
Labor and Employment Issues in the Sale or Transfer of a Business, Multnomah Bar Association,
Portland, Ore. (1997)
Managing Disability, Leave and Absence Issues, Council on Education in Management, Seattle, Wash. (1996, 1995)
Practical Strategies for Complying with the Older Workers Benefit Protection Act,
International Personnel Management Association, Central California Chapter (1994)
Awards and Honors
Named one of The Best Lawyers in America®, Employment Management, Labor Management, Labor & Employment Litigation (2011-2016)
Named as “Oregon Super Lawyer,” Super Lawyers® magazine, Employment and Labor (2012-2016)
Professional and Community Activities
Former Member, Board of Directors, NAA Amerley Palm Education Foundation (NAPE)
Tech-America (formerly known as American Electronics Association), Oregon Council, Human Resource Committee (2007-2011)
Associated Oregon Industries, Employment Policy Committee (2005-present)
Member, Oregon State Bar, Labor and Employment Section
Executive Committee (2008-present)
Member, California State Bar Association, Labor and Employment Law Section
Executive Committee (1985-1989)
Member, American Bar Association
Labor and Employment Law Section
Committee on the Development of the Law Under the National Labor Relations Act
Committee on Practice and Procedure Before the National Labor Relations Board
Torts and Insurance Practice Section
Employee Benefits Committee
Litigation Section
Member, Labor and Employment Relations Association (formerly known as the Industrial Relations 5