NFIB filed an amicus brief in the case Ana Mirkovic v. TenAsys Corporation at the Court of Appeals of the State of Oregon. The case questions whether wage transparency legislation can be used to shield employees from termination when they are negotiating a promotion or raise.
“This statute was written and enacted with the goal of encouraging discussion about wages among employees as a means of combatting wage inequality,” said Beth Milito, vice president and executive director of NFIB’s Small Business Legal Center. “Allowing the statute to be more broadly interpreted would have far reaching consequences that, effectively, have the opposite result. NFIB asks the Court to dismiss this egregious interpretation before it causes irreparable harm to Oregon’s small business employers.”
NFIB’s brief argues two main points: 1) Based on the text, context, and legislative record, ORS 659A.355 is clearly a wage transparency law; and 2) Ignoring the legislative intent of ORS 659A.355 will lead to frivolous litigation and harm small businesses.
The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.
For over 80 years, NFIB has been advocating on behalf of America’s small and independent business owners, both in Washington, D.C., and in all 50 state capitals. NFIB is nonprofit, nonpartisan, and member-driven. Since our founding in 1943, NFIB has been exclusively dedicated to small and independent businesses, and remains so today.
