Category: COVID-19

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Oregon Issues New COVID-19 Guidance for Employers, Including Updated Face Covering Requirements

On the same day that Oregon’s statewide “freeze” went into effect, which we blogged about here, the Oregon Health Authority (OHA) issued new face covering guidance and new guidance for employers.  That guidance is available here (face coverings) and here (employers). Face Covering Guidance Under the new face covering guidance, employees working in cubicles or … Continue Reading

Oregon Orders a Statewide “Freeze” Due to COVID-19 Surge, Closing Some Businesses, Restricting Bars and Restaurants to Takeout, and Further Limiting Social Gatherings

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 statewide freeze starts on Wednesday, November 18 and runs through December 2, 2020, meaning that the freeze will be in place … Continue Reading

OR-OSHA Publishes Model Infection Control Policy Required by New COVID- 19 Rules

On November 6, 2020, the Oregon Occupational Health and Safety Administration (“OR-OSHA”) published final temporary rules for workplace safety protections specific to COVID-19. Our alert about the new rules is available here. Among other requirements, the new rules require employers to adopt a COVID-19 Infection Notification policy for notifying exposed and affected employees of possible … Continue Reading

Take Action to Comply with OR-OSHA’s Final Temporary COVID-19 Safety Rules

On November 6, 2020, the Oregon Occupational Health and Safety Administration (“OR-OSHA”) published final temporary rules for workplace safety protections specific to COVID-19. The text of the final rules is available on OR-OSHA’s website. The effective date for the new rules is November 16, 2020, although the timeline for different requirements under the rules varies. … Continue Reading

New Requirements on Employers After Utah Declares State of Emergency Due to COVID-19

Utah residents were advised Sunday night of a state of emergency arising from the COVID-19 pandemic. In response to a significant spike in cases and attendant strain on Utah hospital facilities and health care providers, Governor Gary Herbert issued Executive Order 2020-73 (the “Executive Order”), imposing new restrictions to curb the transmission of the COVID-19 … Continue Reading

Right To Recall Laws Continue To Proliferate Throughout California

The public health crisis caused by COVID-19 has caused lawmakers up and down California to consider new and previously unheard of ways to protect employees.  While most of these methods have involved protections for existing employees, many jurisdictions are considering ways to protect employees who have lost work for reasons related to COVID-19.  One of … Continue Reading

Oregon Has Updated Face Covering and Mask Requirements

The Oregon Health Authority has again modified the state’s requirements for masks and face coverings. The new guidance expands the face covering requirements we wrote about here and here. The new guidance can be found here. Masks are now required in both public and private workplaces unless the employee’s job does not require interacting with the … Continue Reading

Utah Announces New COVID-19 Protocols

In the face of a significant COVID-19 surge, Utah Gov. Gary Herbert announced yesterday the implementation of a new regime for evaluating COVID-19 transmission risk and enhanced measures for mask use, social distancing, and other steps to combat transmission. Effective October 13, 2020, the state of Utah will use a three-tiered Transmission Index, placing counties … Continue Reading

California Passes Bills Expanding Rights to Both Paid and Unpaid Leave

California Assembly Bill 1867 (signed by California Governor Gavin Newsom on September 9, 2020) and Senate Bill 1383 (signed on September 17, 2020) significantly expand the rights of California employees to both paid and unpaid leave.  In addition, and especially as they relate to Senate Bill 1383, these laws will require California employers to promptly … Continue Reading

Department of Labor Narrows FFCRA Exemption for Health Care Providers and Affirms Guidance Regarding Intermittent Leave

The Department of Labor (DOL) recently modified its guidance regarding leave under the Families First Coronavirus Response Act (FFCRA). These changes pertain most significantly to the applicability of FFCRA leave to employees of health care providers and the intermittent use of FFCRA. The changes – which take effect on September 16, 2020 – are a … Continue Reading

BOLI Permanently Expands OFLA for Eligible Working Parents Impacted by COVID-19

On the day that its temporary rule was set to expire, the Oregon Bureau of Labor and Industries (“BOLI”) issued a permanent rule to allow employees to continue to avail themselves of protected “sick child leave” under the Oregon Family Leave Act (“OFLA”) to care for a child whose school or childcare provider has been … Continue Reading

FFCRA Update: DOL Issues New Guidance Regarding Childcare Leave

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 protected leave, paid at 2/3rds the employee’s regular rate of pay, up to a maximum of $200 a day (reimbursed … Continue Reading

Oregon Now Requires Face Coverings in Public and Private Offices

The Oregon Health Authority recently updated the state’s COVID-19 guidance to expand the use of face coverings to public and private offices. Under the new rule, masks, face coverings, or face shields are required at all times for office employees, including in hallways, bathrooms, elevators, lobbies, break rooms, and other common spaces, unless employees are … Continue Reading

New York Federal District Court Rules Four Provisions of COVID-19 Paid Leave Rule Invalid

On August 3, 2020, a federal judge in the Southern District of New York held that four provisions of the U.S. Department of Labor’s (DOL) Final Rule (the Final Rule) implementing the Families First Coronavirus Response Act (FFCRA) are invalid.  This ruling is limited for now, as the court did not issue a nation-wide injunction, … Continue Reading

EEOC Guidance: Employers Cannot Test Employees for COVID-19 Antibodies

The legal landscape continues to shift rapidly during the COVID-19 pandemic.  As we reported here and here, Equal Employment Opportunity Commission (“EEOC”) guidance allows employers to require employee temperature checks, as well as worker testing aimed at detecting COVID-19, even though such testing by an employer would ordinarily raise issues under the Americans with Disabilities … Continue Reading

Updates on Use of FFCRA Leave for Childcare this Summer

As we previously discussed here, 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 childcare is unavailable due to the COVID-19 pandemic.  New guidance from the Department of Labor (which can be found … Continue Reading

Updated Face Covering Guidance for Oregon Businesses

Oregon Governor Kate Brown issued an order this week making her earlier Mask, Face Shield, and Face Covering Guidance applicable statewide effective July 1, 2020.  Although the media has generally described the guidance as applying to all businesses, it is only required of the following covered businesses: Grocery stores Fitness-related organizations Pharmacies Public transit agencies … Continue Reading

Utah Counties Require Face Coverings

On June 25, Governor Gary Herbert approved requests by leaders in Salt Lake and Summit Counties to require face coverings in indoor and outdoor settings where social distancing is difficult or impossible.  The Governor had previously mandated the use of face coverings in state buildings, including state offices, liquor stores, colleges, and universities. Salt Lake … Continue Reading

Governor Inslee Announces Statewide Mask Mandate in Washington

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 … Continue Reading

Face Coverings Are Now Required for Employees of Select Oregon Businesses

Pursuant to Oregon Health Authority (OHA) guidance, employers in certain businesses must require employees, contractors, and volunteers to wear a mask, face covering, or face shield, unless an accommodation for people with disabilities or other exemption applies. On June 11, 2020, the OHA issued updated guidance explaining that face coverings are not required when eating/drinking … Continue Reading

Employees May Now Bring Direct Claims Against Employers for Alleged Violations of the WA Paid Family and Medical Leave Act

Amendments to the Washington Paid Family and Medical Leave Act (“WPFMLA”) that went into effect June 11, 2020 include a new private right of action for employees. Under the WPFMLA, employers are prohibited from interfering with, discriminating against, or retaliating against employees exercising their rights under the Act. Previously, any claims of interference, discrimination, or … Continue Reading

Washington Governor Extends Proclamation Requiring Accommodation of High-Risk Employees

Governor Inslee has extended – until at least August 1, 2020 – his proclamation prohibiting all Washington employers from failing to provide accommodations to workers at high risk should they contract COVID-19.  See here for our discussion of the details of the accommodation requirements and here for the Governor’s extension order.… Continue Reading

Oregon Employers in Counties Entering Phase II May Begin Limited Return to Office Work; Remote Work Is Still Recommended

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 … Continue Reading
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