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
On Wednesday, June 3, the Ninth Circuit Court of Appeals held in Brady v. Autozone, No. 19-35122, slip op. at 1 (9th Cir. June 3, 2020), https://cdn.ca9.uscourts.gov/datastore/opinions/2020/06/03/19-35122.pdf, that class claims become moot when “a class representative voluntarily settles only his individual claims without indicating any financial stake in the unresolved class claims.” Michael Brady filed … Continue Reading
The Families First Coronavirus Response Act (“FFCRA”) requires private companies with fewer than 500 employees, along with most public employers regardless of size, to post a notice summarizing the benefits available under the new law and directs the Department of Labor to prepare and publish a model notice. The Department issued its model notice yesterday. … Continue Reading
Washington Health Benefit Exchange Announces Special Enrollment Period Today, the IRS issued Notice 2020-15 clarifying that high-deductible health plans (HDHPs) may provide benefits associated with testing and treatment of COVID-19 (commonly referred to as coronavirus) without application of a deductible or cost-sharing. Doing so will not impact a plan’s status as a HDHP or a participant’s … Continue Reading
No sooner has Washington enacted two major new leave laws – the Washington Paid Sick Leave Law and the Washington Paid Family and Medical Leave Law (WPFML) – than the State has found itself to be one of the epicenters of the COVID-19 outbreak. Here is what Washington employers need to know about Paid Sick … Continue Reading
On November 19, 2019, at 11 a.m. PT, I will be co-presenting a webinar with HMA’s Senior Manager, Compliance Services, Jessica Rothe, in which we will outline legislative efforts being made at the state and federal levels to protect patients from surprise balance billing by out-of-network providers. We will also discuss how health plan out-of-network cost containment strategies … Continue Reading
Oregon’s Legislature just enacted the most significant legislation for Oregon employers in years. The new Workplace Fairness Act has been hailed as a #MeToo law and seems intended to curb incidents of sexual harassment in the workplace, but its reach is significantly broader than that. Key Changes and Takeaways Employers are now required to have … Continue Reading
With its decision last year in Dynamex, the California Supreme Court fundamentally changed the test for determining whether workers are properly classified as either employees or independent contractors. Specifically, and as for claims brought under the California wage orders, the Supreme Court adopted the “ABC test,” which involves an analysis of the following three factors: … Continue Reading
On April 22, 2019, the California Senate voted unanimously to update California’s anti-discrimination laws to include within the definition of the term “race” “traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.” If the bill ultimately becomes law, California would become one of the first states in the nation … Continue Reading
The 2017 Oregon legislature passed a “secure scheduling” or “fair work week” law that imposes significant requirements on certain categories of large employers. The law, available here, goes into effect July 1, 2018. We previously blogged about the law here. Are You a Covered Employer? The law applies to retail, hospitality, and food services employers … Continue Reading
It might appear that in some years, the National Labor Relations Board (the Board) issues a series of decisions just as the year comes to a close, but it is not because the Board wants to give out holiday presents (or, from the employer’s perspective for the past several years, multiple lumps of coal). Rather, … Continue Reading
Employers can breathe a sigh of relief. The Office of Management and Budget (“OMB”) announced this week that it was removing a requirement that EEO-1 reports contain employee pay data. The now-defunct Obama-era requirement announced in 2016 would have required employers to disclose compensation information to the EEOC regarding all employees, including executives – which … Continue Reading
Last week, representatives of the business community and employee groups completed negotiations to create a paid family and medical leave insurance program in Washington. Many details need to be worked out, the actual legislation has not yet been drafted, and the Washington Legislature has a number of other issues demanding its attention. Nonetheless, there are substantial … Continue Reading
In light of the current administration’s approach to immigration enforcement, it is important that employers understand their legal rights and responsibilities when faced with potential raids by U.S. Immigration and Customs Enforcement (“ICE”) or local police acting in cooperation with ICE. Understandably, many employers will want to ensure not only that they are complying with … Continue Reading
“Equal pay for equal work.” Everyone – employees and employers alike – can agree that no workers should be paid less than others simply because of their gender, race, veteran status, or any other protected characteristic. But the reality of the pay gap is more complicated. Employers make salary decisions based on a number of … Continue Reading
“Who will be hurt if gays and lesbians have a little more job protection?” Judge Richard Posner of the Seventh Circuit Court of Appeals posed this question a few months ago during oral argument in a case involving a teacher who alleged she was fired because she is lesbian. On Tuesday, the en banc Seventh … Continue Reading
