In a recent decision titled Buero v. Amazon.com Services, Inc., 370 Or. 502 (2022), the Oregon Supreme Court ruled that Oregon’s wage and hour law uses the same definition of “work time” as the federal Fair Labor Standards Act (“FLSA”). The Buero decision resolves what had been a hotly contested legal issue for many years … Continue Reading
Oregon’s paid leave program (providing up to 12+ weeks of paid family, medical, and safe leave to eligible employees per leave year) will be here soon. Almost all businesses with employees in Oregon are required to participate in the state program, unless they have an approved equivalent plan (which can be either administered by the … Continue Reading
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
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’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
On June 28, 2018, then California Governor Jerry Brown signed into law the California Consumer Privacy Act (CCPA). The CCPA provided significant privacy rights and protections to California consumers and placed numerous obligations on California businesses regarding the collection and sale of personal information belonging to California consumers. While the CCPA constituted a significant change … Continue Reading
In the wake of the Covid-19 pandemic, the Oregon legislature amended the definition of “compensation” in the Oregon Equal Pay Act to temporarily exempt hiring/signing and retention bonuses from the limitations imposed by the Act. The temporary exemption, however, expires on September 28, 2022. This means that starting September 28, 2022, hiring/signing/retention bonuses will once … Continue Reading
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
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 … Continue Reading
On May 23, 2022, the California Supreme Court issued its highly anticipated ruling in Naranjo v. Spectrum Security Services and decided two critical questions: first, whether an employee is entitled to “waiting time penalties” for unpaid premium pay, and second, whether employers are required to report premium pay on their employees’ wage statements. As all … Continue Reading
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
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, a rule … 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
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
On February 7, 2022, the Oregon Health Authority (“OHA”) announced that it would lift the general state-wide indoor mask requirement no later than March 31, 2022. Per the OHA, the mask requirement for schools will also lifted by March 31, in coordination with the Oregon Department of Education (“ODE”). The OHA is basing its decision … Continue Reading
On January 13, 2022, the United States Supreme Court issued a stay of the Occupational Safety and Health Administration’s (“OSHA”) COVID vaccine-or-test rule for large employers. Although the OSHA rule is effectively off the table, there are still a host of COVID rules that employers must comply with. Stoel Rives has created an interactive map … Continue Reading
On January 27, 2022, the California Supreme Court in Lawson v. PPG Architectural Finishes, Inc., No. S266001, 2022 WL 244731 (Cal. Jan. 27, 2022), addressed the issue of which standard courts must use when analyzing retaliation claims brought under California Labor Code section 1102.5. In requesting that the California Supreme Court answer this question, the … Continue Reading
2021 was another important year for California employers. From decisions by the California Supreme Court regarding employees’ rights to premium pay for missed meal and rest breaks, to legislation expanding the scope of protected leave for California employees, to new laws dealing with the ongoing pandemic, 2021 had something to offer for everyone. This blog … Continue Reading
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 … Continue Reading
In a special session this week, the Utah State Legislature passed a bill aimed at undermining the federal vaccine mandate for large employers. Like previously existing law, SB 2004 mandates that any Utah employer requiring vaccination for COVID-19 must allow employees an exemption for medical or reasons or because of religious beliefs. The Utah bill … 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
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
