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 … Continue Reading
On March 23, 2022, in Estrada v. Royalty Carpet Mills, Inc., the California Court of Appeal for the Fourth District created a split in authority when they held that wage-and-hour lawsuits brought under California’s Private Attorneys General Act cannot be dismissed on manageability grounds. This decision directly contradicted the holding in Wesson v. Staples the … Continue Reading
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 to … Continue Reading
California Provides Employees with Another Bucket of COVID-19 Supplemental Paid Leave On February 9, 2022, California Governor Gavin Newsom approved Senate Bill 114 (“SB 114”), which entitles most California employees to a new bucket of COVID-19 supplemental paid sick leave. The law will go into effect on February 19, 2022. California’s prior law entitling workers … Continue Reading
As we blogged about here, on September 9, 2021, President Biden announced sweeping new vaccine requirements that will impact millions of employees across the country, including: A forthcoming rule that will require all business with 100 or more employees to require that employees be either fully vaccinated or tested for COVID-19 at least once a … Continue Reading
Way back on October 10, 2019, California Governor Newsom signed Assembly Bill 51 (“AB 51”), which essentially made it unlawful for California employers to require workers or job applicants to execute arbitration agreements requiring them to waive their rights to sue in court for violations of the California Fair Employment and Housing Act or the … Continue Reading
To address the on-going COVID-19 pandemic and the recent Delta variant surge, President Biden announced yesterday that he will implement sweeping new requirements to increase vaccination rates across the country. Among the changes: OSHA is developing a new emergency rule directing all businesses with 100 or more employees to require their employees be (1) vaccinated … Continue Reading
As we previously wrote about, the State of Oregon and Multnomah County are each imposing new indoor mask requirements beginning today, August 13, 2021, in response to the escalating COVID-19 pandemic driven by the Delta variant. Yesterday, the State and County released details of their respective requirements (the “Rules”), which overlap in most respects and … Continue Reading
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 … Continue Reading
Governor Kate Brown announced today that the State of Oregon would impose a state-wide mask mandate that applies to indoor spaces (effective date to be determined). It is unclear at this time whether employers will be required to mandate masks for employees and customers (or take other COVID-19-related precautions), and whether penalties will be imposed on … Continue Reading
The latest COVID-19 surge driven by the Delta variant has caused many employers — not the least of which are health care employers — to revisit mandatory vaccine requirements for employees. While many health care systems around the country already have mandated that their employees be vaccinated against COVID-19 as a condition of employment, a … Continue Reading
The Oregon legislature recently passed HB 2818, which made several notable (and needed!) amendments to Oregon’s Equal Pay Act, including: Temporarily exempting hiring bonuses offered to prospective employees and retention bonuses offered to existing employees from the definition of “compensation.” This amendment is temporary and effective only until March 1, 2022. Permanently exempting vaccine incentives … Continue Reading
In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court determined that the phrases “regular rate of compensation” and “regular rate of pay” are synonymous for the purposes of California Labor Code section 226.7(c) and the California Industrial Wage Orders. With this seemingly innocuous ruling, however, the Supreme Court has handed a potentially large … Continue Reading
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 … Continue Reading
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 does … Continue Reading
Over the last several years, the Oregon Legislature has whittled away employers’ ability to enforce employee non-competition agreements (see our posts from 2007, 2015). Senate Bill 169, which Governor Brown signed into law on May 21, 2021, further limits an employer’s ability to impose non-competition obligations on employees. Effective starting January 1, 2022, the statute … Continue Reading
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 … Continue Reading
Hot off the proverbial presses: The Centers for Disease Control and Prevention (“CDC”) announced today that fully vaccinated individuals can resume normal life activities without wearing masks or socially distancing. The CDC’s guidance is available here. Although it is certainly good news, the CDC’s guidance comes with several cautionary notes: An individual is only “fully … Continue Reading
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 … Continue Reading
On March 19, 2021, California Governor Gavin Newsom approved Senate Bill 95 (“SB 95”) which entitles most California employees to a new bank of COVID-19 supplemental paid sick leave. The law will go into effect on March 29, 2021. California’s prior law entitling workers to COVID-19 supplemental paid sick leave expired on December 31, 2020, … Continue Reading
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
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 OSHA has released its “Near Final Draft” of a COVID-19 Temporary Standard. This proposed new regulation sets forth a number of new rules for how an employer must operate in order to prevent the spread of COVID-19 and respond to any positive cases among its employees. The regulation applies to employers and building operators. … Continue Reading
Today the United States Supreme Court answered the question of whether Title VII, the federal law that prohibits workplace discrimination “on the basis of sex,” protects LGBT employees with a resounding “Yes.” In a 6-3 decision, the Court held that: “The answer is clear. An employer who fires an individual for being homosexual or transgender … Continue Reading
