Two administrative agencies within the federal government have been busy lately publishing new rules that govern important aspects of employers’ relationships with their employees. Read more below for further updates....more
As we previously advised, under Oregon Senate Bill 1515 (“SB 1515”) effective July 1, 2024, most of the Oregon Family Leave Act (“OFLA”)—including leave for the employee’s or a family member’s serious health condition—will...more
On May 10, 2023, the Oregon Health Authority (“OHA”) announced that, effective May 11, it is suspending the statewide rule requiring that healthcare workers be fully vaccinated against COVID-19 unless they have an approved...more
In a recent decision titled Buero v. Amazon.com Services, Inc., 370 Or. 502 (2022), the Oregon Supreme Court ruled that Oregon’s wage and hour law uses the same definition of “work time” as the federal Fair Labor Standards...more
The United States Court of Appeals for the District of Columbia Circuit recently affirmed a National Labor Relations Board (“NLRB”) decision requiring an employer to reinstate an employee whom it terminated after he wrote...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
The U.S. Court of Appeals for the Ninth Circuit, the federal appellate court with jurisdiction over much of the western United States (including Washington, Oregon, California and Idaho), ruled last week that an employee’s...more
Since August 2021, three of the five members of the National Labor Relations Board (“NLRB” or “Board”) have been appointed by Democratic presidents, including two members appointed by President Biden. Earlier this year, the...more
3/10/2022
/ Boeing ,
Corporate Counsel ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Human Resources Professionals ,
NLRA ,
NLRB ,
NLRB General Counsel ,
Section 7
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
Today, the Supreme Court blocked the Biden Administration’s vaccine-or-test mandate for large employers, known as the Emergency Temporary Standard (“ETS”), which we wrote about here. The Court held that the federal agency...more
1/14/2022
/ Biden Administration ,
Biden v Missouri ,
Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Healthcare Workers ,
Human Resources Professionals ,
Infectious Diseases ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
Popular ,
SCOTUS ,
Stays ,
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
Last week, Governor Kate Brown announced that the State of Oregon would require that all health care workers be fully vaccinated against COVID-19 unless they could prove they were entitled to a religious or medical...more
8/27/2021
/ Best Practices ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Healthcare Workers ,
Home Healthcare Workers ,
Human Resources Professionals ,
Oregon ,
OSHA ,
Personal Protective Equipment ,
Social Distancing ,
Workplace Safety
As we previously wrote about, the State of Oregon and Multnomah County are each imposing new indoor mask requirements beginning today, August 13, 2021, in response to the escalating COVID-19 pandemic driven by the Delta...more
Governor Kate Brown announced today that the State of Oregon would impose a state-wide mask mandate that applies to indoor spaces (effective date to be determined). It is unclear at this time whether employers will be...more
Yesterday, the Oregon Occupational Health and Safety Administration (“OR OSHA”) issued a temporary rule to address employees’ exposure to the hazards posed by temperatures in excess of 80 degrees....more
Effective today, the Oregon Occupational Safety and Health Administration (“OR-OSHA”) repealed the COVID-19 workplace safety rules that obligated most employers to require employees and visitors to wear face coverings and...more
7/1/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Governor Brown ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
Kate Brown ,
Masks ,
New Guidance ,
OSHA ,
Personal Protective Equipment ,
Vaccinations ,
Workplace Safety
Many Oregon employers and employees have been eagerly awaiting the day when we can return to mask-free social interactions and in-person work. On June 25, 2021, Governor Brown issued an Executive Order stating that effective...more
6/30/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Personal Protective Equipment ,
Popular ,
Social Distancing ,
State OSHA Laws ,
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 expected, the U.S. Department of Labor (DOL) has repealed the Trump-era rule regarding classification of independent contractors. As we discussed here, the Trump-era rule codified the “economic realities test” for use...more
5/10/2021
/ Department of Labor (DOL) ,
Employee Definition ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Trump Administration ,
Wage and Hour
Effective May 4, 2021, the Oregon Occupational Safety and Health Administration (“OR OSHA”) published its final rule requiring Oregon employers to continue to implement safety measures to protect against the spread of...more
5/10/2021
/ Best Practices ,
Compliance ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Wage and Hour ,
Workplace Safety
Late last week, the U.S. Department of Labor (“DOL”) announced that it plans to rescind the Trump DOL rule that tightened the standards by which two or more companies could be deemed a joint employer for purposes of the Fair...more
Last week, the U.S. House of Representatives narrowly passed the Protecting the Right to Organize (“PRO”) Act, which would make sweeping union-friendly changes to the three primary federal laws that govern private-sector...more