Senate Bill 999, designed to align Paid Leave Oregon (PLO) with the Oregon Family Leave Act (OFLA), passed the Oregon Legislature on June 1, 2023, and is expected to be signed by Governor Kotek shortly. The bill makes the...more
In the wake of the Covid-19 pandemic, the Oregon legislature amended the definition of “compensation” in the Oregon Equal Pay Act to temporarily exempt hiring/signing and retention bonuses from the limitations imposed by the...more
Oregon employers that require arbitration for employment-related disputes recently received some good news from the Oregon Supreme Court. In Gist v. ZoAn Management, Inc., the Court rejected the plaintiff’s argument that his...more
7/19/2022
/ Arbitration ,
Arbitration Agreements ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Full-Time Employees ,
Human Resources Professionals ,
Independent Contractors ,
OR Supreme Court ,
Oregon ,
State and Local Government
On January 13, 2022, the United States Supreme Court issued a stay of the Occupational Safety and Health Administration’s (“OSHA”) COVID vaccine-or-test rule for large employers. Although the OSHA rule is effectively off the...more
2/3/2022
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
Masks ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In a decision released late in the day on Friday, the United States Court of Appeals for the Sixth Circuit lifted a stay against the Occupational Safety and Health Administration’s (“OSHA”) rule requiring employers with 100+...more
12/21/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Late last week, Governor Kate Brown announced that the State of Oregon would largely remove its mask and social-distancing requirements once 70 percent of adult Oregonians have received at least one dose of a COVID-19...more
6/10/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
Masks ,
OSHA ,
Personal Protective Equipment ,
Risk Management ,
Vaccinations ,
Workplace Safety
Just before we headed off for the holiday weekend, the U.S. Equal Employment Opportunity Commission (“EEOC”) released updated guidance related to the COVID-19 vaccine. The guidance largely tracks earlier guidance and...more
On May 18, 2021, the Oregon Health Authority (“OHA”) published new COVID-19 guidance: “Interim Guidance for Fully Vaccinated Individuals” and “Statewide Reopening Guidance – Masks, Face Coverings, Face Shields.” Today, the...more
5/20/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Human Resources Professionals ,
Oregon ,
OSHA ,
Personal Protective Equipment ,
Public Health ,
Social Distancing ,
State and Local Government ,
Vaccinations
It’s that time of year to prepare for minimum wage increases and update workplace posters. Beginning July 1, minimum wage rates throughout Oregon increase, to $13.25 for Portland Metro, $11.50 for Nonurban Counties, and...more
5/11/2021
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Human Resources Professionals ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Oregon ,
Restaurant Industry ,
Tipped Employees ,
Tips ,
Wage and Hour
As more and more people receive the COVID-19 vaccine, employees are starting to ask questions about mask requirements. Mask requirements currently vary widely (and are changing frequently) depending on the state in which the...more
It’s common knowledge that an employee’s overtime rate is “time and a half” the regular rate of pay. But that truism begs the question: what exactly is the regular rate of pay? Earlier this week, the Ninth Circuit analyzed...more
As many of you know, effective November 16, 2020, the Oregon Occupational Safety and Health Administration (“OR OSHA”) adopted a comprehensive set of workplace safety rules designed to address the COVID-19 pandemic. (More...more
The Oregon Employment Department (“OED”) has posted its second set of proposed administrative rules implementing the Oregon Paid Family and Medical Leave Act (“PFMLA”). A link to the proposed rules is here and our blog about...more
After a lengthy and contentious rulemaking process, the Department of Labor (“DOL”) published its final rule revising its tipped-employee regulations under the Fair Labor Standards Act (“FLSA”) last week. The new rules take...more
As we’ve blogged about previously in 2019, the Oregon legislature passed a paid family and medical leave (“PFML”) law which provides Oregon employees with up to 12 weeks of paid leave for a covered purpose through a payroll...more
Oregon OSHA has just released a series of materials, including sample training materials, to help employers comply with OR-OSHA’s temporary workplace safety rules related to COVID-19. The new materials are summarized below....more
On November 13, 2020, after concluding that the previously proposed two-week “pause” did not go far enough, Governor Kate Brown announced a two-week statewide “freeze” aimed at slowing the rapid spread of COVID-19. The...more
With very limited exceptions, Oregon employers must adopt the following safety protocols:
Physical Distancing. Employers must ensure that their workplaces allow at least six feet of distance between employees, unless such...more
The Oregon Health Authority has again modified the state’s requirements for masks and face coverings. The new guidance expands the face covering requirements....more
As many of you know, in 2019 the Oregon Legislature passed (and Governor Brown signed) HB 2005, which creates a Paid Family and Medical Leave program for Oregon employees....more
The DOL recently updated its guidance regarding when childcare leave can be taken under the Families First Coronavirus Response Act (or “FFCRA”). FFCRA requires most employers to provide employees with up to 12 weeks of...more
As we previously discussed, the Families First Coronavirus Response Act (“FFCRA”) requires employers with fewer than 500 employees to provide up to 12 weeks of paid leave to eligible employees whose school or place of...more
Today the United States Supreme Court answered the question of whether Title VII, the federal law that prohibits workplace discrimination “on the basis of sex,” protects LGBT employees with a resounding “Yes.” In a 6-3...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
As restrictions are easing, employers are planning for and starting to bring people back to work. In these extraordinary times, everyone recognizes that things will not be business as usual. Here is our “Top 10” checklist...more
As states around the country start to loosen restrictions on business activities, employers are ready to rehire laid-off or furloughed employees. But some employers who received a loan under the Paycheck Protection Program...more