NFIB has filed an amicus brief in the case of Ana Mirkovic v. TenAsys Corporation, currently before the Court of Appeals of the State of Oregon. The case examines whether wage transparency laws can protect employees from being terminated during negotiations for promotions or raises.
Beth Milito, Vice President and Executive Director of NFIB’s Small Business Legal Center, commented on the matter: “This statute was written and enacted with the goal of encouraging discussion about wages among employees as a means of combatting wage inequality.” She expressed concern that broad interpretation could lead to adverse outcomes for small businesses, urging the court to dismiss what she described as an "egregious interpretation."
The NFIB's brief presents two key arguments. First, it states that ORS 659A.355 is intended as a wage transparency law based on its text, context, and legislative history. Second, it warns that disregarding this legislative intent could result in frivolous lawsuits detrimental to small businesses.
The NFIB Small Business Legal Center actively defends small business owners' rights in courts nationwide and is involved in over 40 cases across federal and state jurisdictions, including the U.S. Supreme Court.
