Summer in Oregon has officially arrived and, at least in the Portland Metro area, it did so not with a polite knock on the door, but with a string of 90-degree days. As the season continues to roll out, and with the likelihood of more hot days ahead, it’s important to remember that Oregon has
Gov't Agencies
Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADA
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…
Spring Cleaning for your Oregon Leave Law Policies
As Oregon’s April 2022 snowstorm becomes a distant memory, it’s time for some spring cleaning of employer leave policies. There are two recent changes that may require updates to your employee handbook.
Oregon Paid Sick Leave—Expanded to Account for Evacuation Orders, Poor Air Quality, and Heat.
BOLI recently adopted, effective April 1, 2022…
NLRB GC Asks Board To Revisit Standard For Analyzing Employee Handbooks
Since August 2021, three of the five members of the National Labor Relations Board (“NLRB” or “Board”) have been appointed by Democratic presidents, including two members appointed by President Biden. Earlier this year, the Democratic majority announced in Stericyle, Inc., 371 NLRB No. 48 (Jan. 6, 2022), that it was requesting briefing on whether…
Supreme Court Blocks OSHA’s Vaccine-or-Test Mandate but Allows CMS Vaccination Mandate for Most Health Care Workers
Today, the Supreme Court blocked the Biden Administration’s vaccine-or-test mandate for large employers, known as the Emergency Temporary Standard (“ETS”), which we wrote about here. The Court held that the federal agency that issued the ETS, the Occupational Safety and Health Administration (“OSHA”), has authority to regulate workplace safety issues, but not to regulate…
Federal Court Allows OSHA Vaccine-Or-Test Rule To Move Forward
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…
EUA Status Does Not Prohibit Employers from Requiring the COVID Vaccine; Seven Factors for Employers to Consider When Considering a Mandatory Vaccination Policy
While many employers initially were hesitant to institute mandatory COVID vaccinations, the recent surge driven by the Delta variant and announcements from large organizations—including the U.S. military, United Airlines, and major health care systems across the country—have caused many employers to revisit mandatory vaccination policies.
The Equal Employment Opportunity Commission and U.S. Department of Justice…
Oregon OSHA Issues Temporary Heat Rule
Yesterday, the Oregon Occupational Health and Safety Administration (“OR OSHA”) issued a temporary rule to address employees’ exposure to the hazards posed by temperatures in excess of 80 degrees.
The rule applies whenever employees are required to work in conditions in which the “heat index temperature” (which combines air temperature with relative humidity to measure…
OR-OSHA Repeals Face-Covering and Distancing Requirements for Most Employers
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 observe physical distancing rules in the workplace. However, most of OR-OSHAs rules remain in effect and the repeal of the face-covering and distancing requirements…
Oregon OSHA Signals Removal of Face Covering and Social Distancing Requirements
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 June 30, 2021, Oregon is lifting its mask mandates, capacity limits, and social distancing guidelines. Oregon employers are also bound…