Governor Brown’s latest Executive Order, 20-27, issued June 5, 2020 provides comprehensive guidance for Oregon employers as the majority of the state enters Phase II of Oregon’s reopening plan.  In addition to outlining the sector-specific requirements for Phase II, which we recently blogged about here, the Executive Order provides further instructions regarding office work.

Under Oregon’s Stay at Home Order and the Baseline Phase and Phase I of Oregon’s reopening plan, work in offices was prohibited when telework and work from home options were available, in light of position duties, availability of teleworking equipment, and network adequacy.  When telework and work from home options were not available, employers were required to designate someone to establish, implement, and enforce physical distancing policies.  Multnomah County, Oregon’s most populous county, which includes the City of Portland, remains at the Baseline Phase.

Executive Order 20-27 provides that for Oregon counties entering Phase II, employers may begin limited return to office work.  Remote working remains recommended to the extent practical.  If employers choose to have employees return to the office, some of the most important threshold steps are to develop and train on social distancing policies and requirements.  Employers must designate (or continue to designate) an employee(s) who is best suited to ensure that physical distancing policies are understood and followed by employees returning to the workplace.  It is prudent to think carefully about your employee-designees.  It is also beneficial to maintain open and transparent lines of communication with employees so that they are prepared to return and fully understand expectations and requirements before returning to the office.

The Executive Order also sets expectations regarding Phase III of Oregon’s reopening.  Transitions into Phase III are unlikely until widely available and effective therapeutics or a vaccine becomes available, or other significant changes in the threat from the pandemic emerge.

We will continue to track Oregon’s phased reopening and the impact on Oregon employers.  Additional information about the general legal and business implications of the COVID-19 pandemic is available on our COVID-19 Resource Hub.  For guidance specific to the challenges facing your business, please contact us.

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Photo of Brenda Baumgart Brenda Baumgart

Brenda Baumgart is practice group leader for Stoel Rives’ Labor & Employment group and devotes her practice to assisting companies of all sizes navigate the complexities of employment and labor laws. She partners with clients to provide day-to-day advice and compliance counseling, assisting…

Brenda Baumgart is practice group leader for Stoel Rives’ Labor & Employment group and devotes her practice to assisting companies of all sizes navigate the complexities of employment and labor laws. She partners with clients to provide day-to-day advice and compliance counseling, assisting them with finding practical solutions while minimizing litigation risk. Her litigation and trial work includes defending employers in federal and state courts in all areas of employment law (including single plaintiff cases and class/collective actions), handling appeals exclusively on matters of labor and employment law before appellate courts, including the Oregon Court of Appeals, the Oregon Supreme Court, the Ninth Circuit, the Eighth Circuit, and the Fifth Circuit, and administrative proceedings before various governmental agencies. Brenda also has a strong traditional labor practice and represents clients in labor arbitrations and matters before the National Labor Relations Board (NLRB). She conducts internal workplace investigations for private and public sector clients.

Click here for Brenda Baumgart’s full bio.

Photo of Caroline Sundbaum Caroline Sundbaum

Caroline Sundbaum represents companies in employment lawsuits and has experience defending everything from complex wage & hour class actions to sensitive sexual harassment claims. She is an experienced trial attorney and former public defender who looks at the big picture and knows when…

Caroline Sundbaum represents companies in employment lawsuits and has experience defending everything from complex wage & hour class actions to sensitive sexual harassment claims. She is an experienced trial attorney and former public defender who looks at the big picture and knows when to aggressively litigate and when to make a case quickly go away.

Click here for Caroline Sundbaum’s full bio.