Effective today, the Oregon Occupational Safety and Health Administration (“OR-OSHA”) repealed the COVID-19 workplace safety rules that obligated most employers to require employees and visitors to wear face coverings and...more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
As we wrote about here, the Centers for Disease Control and Prevention (“CDC”) announced yesterday that fully vaccinated individuals can resume normal day-to-day activities without wearing masks or socially distancing. Hours...more
5/17/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Oregon ,
Personal Protective Equipment ,
Public Gatherings ,
Public Health ,
State and Local Government ,
Washington
Hot off the proverbial presses: The Centers for Disease Control and Prevention (“CDC”) announced today that fully vaccinated individuals can resume normal life activities without wearing masks or socially distancing. The...more
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
Another day, another Trump-era Department of Labor (“DOL”) rule that’s been put on the shelf for 60 days. Last week, we blogged about the Biden DOL’s decision to delay the rollout of the tip rules that the Trump DOL adopted...more
As we previously blogged about, in the final days of the Trump Administration the Department of Labor (“DOL”) announced a series of new rules regarding how and to whom employers can distribute tips. The new rules were...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
In case you missed it (did anyone miss it?), President Joe Biden was sworn into office yesterday. Although workplace issues are hardly the only pressing item on the new President’s agenda, employers should be prepared for...more
The U.S. Department of Labor (“DOL”) published a final rule addressing independent contractor status under the Fair Labor Standards Act (“FLSA”). Independent contractor status is a critical question under the FLSA because...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
With the COVID-19 vaccine becoming available to some and just around the corner for others, the question on many employers’ (and employees’) minds is whether they can (or should) mandate employees be vaccinated as a condition...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
With FDA approval of a COVID-19 vaccine possibly coming this week, employers are wondering whether they can require their employees to get vaccinated as a condition of employment. For many employers, the answer is yes,...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