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California Legislature Expands Employer Obligations Regarding Payroll Transparency

Seemingly with every passing day the California legislature adds more obligations (and opportunities for costly missteps) to California employers.  This time we are discussing California Senate Bill 1162, dubbed California’s Pay Transparency Law (“SB 1162”).  SB 1162, which goes into effect beginning January 1, 2023, expands on the already high-level disclosure payroll requirements governing California … Continue Reading

AB 2188 Leaves California Employers’ Policies on Marijuana Use up in Smoke

On September 18, 2022, Governor Gavin Newsom signed AB 2188 into law, which prohibits employers from taking any adverse employment action against an employee in conjunction with an employee’s off-duty marijuana use. AB 2188 makes it unlawful for employers to “discriminate against a person in hiring, termination, or any term or condition of employment” for … Continue Reading

Oregon Paid Leave—Now Is the Time to Think About Equivalent Plans

Oregon’s much anticipated Paid Leave program (formally called Oregon Paid Family and Medical Leave Insurance) will be here soon. Employee and employer contributions to the state program start January 1, 2023, and employees can start applying for benefits beginning September 3, 2023. Almost all employers with employees in Oregon are required to participate in the … Continue Reading

Oregon Supreme Court Enforces Employment Arbitration Agreement

Oregon employers that require arbitration for employment-related disputes recently received some good news from the Oregon Supreme Court.  In Gist v. ZoAn Management, Inc., the Court rejected the plaintiff’s argument that his arbitration agreement was unenforceable because it limited the arbitrator’s authority to award him relief.  Instead, the Court ruled that the arbitration clause was … Continue Reading

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 … Continue Reading

California Court of Appeal Removes Another Arrow from The Quiver of Employers

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

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 to … Continue Reading

California Provides Employees with Another Bucket of COVID-19 Supplemental Paid Leave

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

The Latest on President Biden’s Vaccination Mandates

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

California Assembly Bill 51 Is Back!

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

President Biden Announces New COVID-19 Vaccine Mandates

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

State of Oregon and Multnomah County Publish Details of Indoor Mask Requirements

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

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 … Continue Reading

Governor Kate Brown Announces Renewed State-Wide Mask Mandate, Vaccination Requirement For Executive Branch Employees

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

Oregon Health Care Employees Must Provide Proof of COVID Vaccination or Test Weekly

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

Oregon Pay Equity Update: Legislature Temporarily Amends Equal Pay Act to Allow for Hiring and Retention Bonuses and Vaccine Incentives

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

California Supreme Court Clarifies Employees’ Rights to Premium Pay for Missed Meal and Rest Breaks

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

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 … Continue Reading

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 does … Continue Reading

Oregon Legislature Further Limits Employee Non-Competition Agreements, Including Imposing a 12-Month Limit on Duration

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

No Mask, No Problem – Washington Department of Labor & Industries Issues New Guidance for Fully Vaccinated Workers

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

CDC Issues New Mask and Social Distancing Guidance for Fully Vaccinated Individuals

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

Changes to Washington’s Requirements Regarding Accommodation of Employees at High Risk of Contracting COVID-19

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
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