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
Last week, Governor Kate Brown announced that the State of Oregon would require that all health care workers be fully vaccinated against COVID-19 unless they could prove they were entitled to a religious or medical exception. The Oregon Health Authority (“OHA”) just released its administrative rule implementing the Governor’s announcement: effective October 18, 2021, health … Continue Reading
Mask Mandate Effective August 23, 2021, masks will once again be required in indoor public spaces in Washington, regardless of vaccination status, for everyone over the age of five. Masks will not be required for vaccinated employees in office spaces that are not public-facing, but are still required for unvaccinated employees in such offices. Masks … Continue Reading
On August 19, 2021, just two weeks after announcing that all Oregon health care workers must either be fully vaccinated or test weekly for COVID-19, which we blogged about here, Governor Brown announced that vaccinations will be mandatory for health care workers starting October 18, 2021, assuming the vaccines have full FDA approval by then. … 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
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
Earlier this afternoon, Multnomah County announced that effective Friday August 13 all individuals age five and older in Multnomah County will be required to wear masks in indoor public spaces, regardless of vaccination status. A copy of the County’s announcement is available here. Based on the announcement, we expect that the mask mandate will not apply … 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
Following an increase in COVID-19 cases and hospitalizations, and in line with recent CDC guidance designed to curb the well-publicized spread of the Delta variant, the Oregon Health Authority (“OHA”) is again recommending that all individuals, including those who are fully vaccinated, wear masks in indoor public settings. The recommendation applies statewide, but it is not 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
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 … Continue Reading
Late last week, Governor Kate Brown announced that the State of Oregon would largely remove its mask and social-distancing requirements once 70 percent of adult Oregonians have received at least one dose of a COVID-19 vaccine. Following that announcement, the Oregon Occupational Health and Safety Administration (“OR-OSHA”) published its plans to repeal at least some … 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
On May 18, 2021, the Oregon Health Authority (“OHA”) published new COVID-19 guidance: “Interim Guidance for Fully Vaccinated Individuals” and “Statewide Reopening Guidance – Masks, Face Coverings, Face Shields.” Today, the Oregon Occupational Safety and Health Administration (“OR-OSHA”) issued guidance for the workplace. The new guidance from the agencies follows the Centers for Disease Control … Continue Reading
It’s that time of year to prepare for minimum wage increases and update workplace posters. Beginning July 1, minimum wage rates throughout Oregon increase, to $14.00 for Portland Metro, $12.00 for Nonurban Counties, and $12.75 as Standard. (See here for descriptions of the areas in each category.) BOLI’s 2021-2022 Commonly Required Postings in Oregon Poster, … Continue Reading
Effective May 4, 2021, the Oregon Occupational Safety and Health Administration (“OR OSHA”) published its final rule requiring Oregon employers to continue to implement safety measures to protect against the spread of COVID-19. The final rule is available on OR OSHA’s website. Here is a summary of the permanent rule’s key provisions: No Sunset Date … 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
Please note: The information below is based on what we know today, and that rules and regulations are literally changing daily. Employers need to be nimble and flexible – check your local rules on a daily basis. As more and more people receive the COVID-19 vaccine, employees are starting to ask questions about mask requirements. … 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 March 10, 2021, Congress passed its landmark $1.9 trillion COVID-19 relief bill, and President Biden signed the bill into law on March 11. The bill does not require employers to continue offering Families First Coronavirus Response Act (“FFCRA”) leave, but it extends the FFCRA’s payroll tax credit provisions for employers who choose to offer … Continue Reading
