In the wake of the ongoing COVID-19 pandemic and persistent staffing challenges, both Oregon and Washington have enacted legislation to reshape how healthcare institutions plan for and staff their facilities. While addressing the same issue, the two states have taken distinct approaches. Oregon’s House Bill 2697, signed by Governor Tina Kotek, introduces stringent nurse-to-patient ratios

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 temporary impairment can qualify as a disability under the Americans with Disabilities Act (“ADA”). The Ninth Circuit’s decision resolves an important

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 table, there are still a host of COVID rules that employers must comply with.

Stoel Rives has created an interactive map

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+ employees either to require their employees to be vaccinated against COVID-19 or to submit to weekly COVID-19 testing and

Mask Mandate

Effective August 23, 2021, masks will once again be required in indoor public spaces in Washington, regardless of vaccination status, for everyone over the age of five.  Masks will not be required for vaccinated employees in office spaces that are not public-facing, but are still required for unvaccinated employees in such offices.  Masks

On May 21, 2021, the Washington Department of Labor & Industries (“L&I”) published new guidance regarding fully vaccinated workers.  The new guidance will help employers adjust masking policies to meet the new Centers for Disease Control and Prevention (“CDC”) guidelines adopted by Governor Jay Inslee.

Under the new guidance, most Washington employers need not require

For the past year, Washington employers have been required to accommodate those employees characterized by the CDC as being at high risk of severe illness or death from COVID-19. Required accommodations can include allowing those employees to take extended leaves of absence if alternative work assignments, telework, remote work locations, or social distancing measures are

Please note: The information below is based on what we know today, and that rules and regulations are literally changing daily. Employers need to be nimble and flexible – check your local rules on a daily basis.

As more and more people receive the COVID-19 vaccine, employees are starting to ask questions about mask requirements. 

On July 1, 2020, legislation went into effect providing additional protections for certain hotel and motel employees in Seattle.  The legislation was enacted to protect Seattle hotel workers from harassment and discrimination, unsafe workloads, and job insecurity and to provide increased access to medical care.

Hotel Employees Safety Protections

In hotels and motels with 60

On June 23, Governor Jay Inslee announced that facial coverings will be mandatory statewide.  Starting Friday, June 26, anyone in a public space must wear face coverings.  The mandate includes indoor public spaces and outdoor public areas where physical distancing of six feet is not possible.  Individuals may remove face coverings while eating or drinking