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
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
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 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
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
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
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
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
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
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
Anchorage Mayor Ethan Berkowitz has issued Emergency Order EO-13, requiring that all individuals in Anchorage wear masks or cloth face coverings when “indoors in public settings or communal spaces outside the home.” The Order, which took effect on June 29, remains in effect until midnight on July 31 unless revoked or extended. Settings in which … Continue Reading
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
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
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
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
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
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
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
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
We continue to track Governor Brown’s plans for Oregon’s phased reopening, and the impact on Oregon employers. Select Oregon counties have been approved to move into Phase 2 effective June 5, 2020, with the majority of Oregon counties moving into Phase 2 by June 8. Multnomah County, Oregon’s most populous county, remains at Baseline, but … Continue Reading
At midnight on May 31, Governor Inslee’s “Stay Home – Stay Healthy” order expired, replaced by his “Safe Start – Stay Healthy” order of the same day (“Safe Start Proclamation”). Under the Safe Start Proclamation, any county may apply to transition to Phase II of the Safe Start Washington plan if it can demonstrate that … Continue Reading
In response to recent developments displaying the difficulties in enforcing Governor Jay Inslee’s “Stay Home Stay Healthy” order (“SHSH”), the state Department of Labor & Industries has acted. Now a violation of SHSH will be treated as a violation of Washington’s health and safety regulations, and subject employers to the full panoply of fines and … Continue Reading
Phased Reopening As part of his proclamation extending the Stay Home – Stay Healthy Order through May 31, Governor Inslee established a phased approach to reopening the state: Safe Start Washington. Under the plan, the entire state began in Phase I of four planned phases, with each phase expected to last at least three weeks. … Continue Reading
Much of Alaska will be allowed to reopen as of 8 a.m. on May 22. Governor Dunleavy has announced that the state will move straight from its current Phase II of the Reopen Alaska Responsibly Plan, which permits only limited business operations, to Phase IV. Most businesses will be allowed to fully reopen on Friday. … Continue Reading
