Category: Oregon

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Updated Face Covering Guidance for Oregon Businesses

Oregon Governor Kate Brown issued an order this week making her earlier Mask, Face Shield, and Face Covering Guidance applicable statewide effective July 1, 2020.  Although the media has generally described the guidance as applying to all businesses, it is only required of the following covered businesses: Grocery stores Fitness-related organizations Pharmacies Public transit agencies … Continue Reading

Oregon Employers Must Post Pregnancy Accommodation Notice and Distribute Notice to Existing Employees by June 29, 2020

Effective January 1, 2020, Oregon law requires employers with six or more employees to make reasonable accommodations for known limitations related to pregnancy, childbirth, or a related medical condition, such as lactation, unless the accommodation would cause an undue hardship. An employer’s accommodation obligations extend beyond those already required by the federal Americans with Disabilities … Continue Reading

BOLI Releases Oregon Workplace Fairness Act Model Policy

The October 1, 2020 deadline for Oregon employers to update their non-discrimination policies is approaching.  In 2019, the Oregon Legislature passed the Workplace Fairness Act (the “Act”), which made significant changes to state law governing discrimination and harassment claims (quick recap here).  Among other provisions, the Act requires employers to adopt a written anti-discrimination and … Continue Reading

Face Coverings Are Now Required for Employees of Select Oregon Businesses

Pursuant to Oregon Health Authority (OHA) guidance, employers in certain businesses must require employees, contractors, and volunteers to wear a mask, face covering, or face shield, unless an accommodation for people with disabilities or other exemption applies. On June 11, 2020, the OHA issued updated guidance explaining that face coverings are not required when eating/drinking … Continue Reading

Oregon Employers in Counties Entering Phase II May Begin Limited Return to Office Work; Remote Work Is Still Recommended

Governor Brown’s latest Executive Order, 20-27, issued June 5, 2020 provides comprehensive guidance for Oregon employers as the majority of the state enters Phase II of Oregon’s reopening plan.  In addition to outlining the sector-specific requirements for Phase II, which we recently blogged about here, the Executive Order provides further instructions regarding office work. Under … Continue Reading

Oregon Issues New COVID-19 Guidance for Employers as Most Counties Enter Phase 2

We continue to track Governor Brown’s plans for Oregon’s phased reopening, and the impact on Oregon employers.  Select Oregon counties have been approved to move into Phase 2 effective June 5, 2020, with the majority of Oregon counties moving into Phase 2 by June 8.  Multnomah County, Oregon’s most populous county, remains at Baseline, but … Continue Reading

Reopening Oregon: Governor Brown Releases Details and Guidance for Businesses

On Thursday, May 7, 2020 – six weeks after Oregon Governor Brown announced a statewide “Stay Home” order – Governor Brown released details for Reopening Oregon over the coming weeks and months.  The Governor’s plan follows federal guidance and permits certain businesses to reopen in phases after specific public health prerequisites are met. In the … Continue Reading

Ten Things to Consider In Getting Back to Work

As restrictions are easing, employers are planning for and starting to bring people back to work.  In these extraordinary times, everyone recognizes that things will not be business as usual.  Here is our “Top 10” checklist of things to consider as we move toward the “new normal.” Reluctant Returners. Many employees are eager to return … Continue Reading

Oregon’s Plan for Reopening

Oregon Governor Kate Brown announced this week that Oregon is developing a multifaceted, step-by-step plan for reopening businesses and relaxing its “stay at home” measures.  In accordance with federal guidance, Oregon’s plan has three phases, with gating criteria and core preparedness requirements that must be met before moving to the next phase. Between each phase, … Continue Reading

OR-OSHA Announces Workplace Social Distancing Investigations

In the wake of an onslaught of employee complaints about social distancing in the workplace, the Oregon Occupational Health and Safety Administration (“OR-OSHA”) announced that it would begin workplace inspections in order to enforce the social distancing requirements imposed by Governor Brown’s March 23 Executive Order.  Our blog post describing the Executive Order is here, … Continue Reading

Changes to Oregon Unemployment Insurance and Oregon Family Leave Act in Light of COVID-19

On March 18, 2020, Oregon issued temporary rules to help employees impacted by COVID-19. The Oregon Employment Department issued temporary rules expanding the availability of unemployment insurance to those impacted by COVID-19, while the Oregon Bureau of Labor and Industries (“BOLI”) issued a temporary rule expanding the availability of the Oregon Family Leave Act (“OFLA”) … Continue Reading

Goodbye 2019, Hello 2020

As 2019 comes to an end, employers should know about important new obligations that will ring in their new year.  Our Labor & Employment experts offer some guidance on critical developments in Oregon, Washington, California, and Idaho that employers should be prepared for in 2020. Oregon The statute of limitations for discrimination and harassment claims … Continue Reading

Oregon Supreme Court Affirms That Employers Can Be Liable for Post-Employment Retaliation

Oregon employers should be aware of the Oregon Supreme Court’s recent decision in McLaughlin v. Wilson, 365 Or 535, __ P3d __ (2019).  In McLaughlin, the court was asked to decide the scope of ORS 659A.030(1)(f), which makes it unlawful “[f]or any person to discharge, expel or otherwise discriminate against any other person because that other person” … Continue Reading

Ninth Circuit Requires Proof of “But For” Causation for Claims Under Americans with Disabilities Act

On Tuesday, August 20, the Ninth Circuit Court of Appeals in a case entitled Murray v. Mayo Clinic, joined four other Circuit Courts of Appeal in holding that a “but for” causation standard applies in ADA discrimination claims.  This standard is considered to make it more difficult for employees to prove discrimination claims than what … Continue Reading

Pay Equity Update: Oregon Legislature Amends Equal Pay Law

SB 123, just passed by the legislature and signed by Governor Brown, makes several amendments to Oregon’s pay equity law. Most notable are the revisions to the limited affirmative defense available to employers in litigation. The law previously provided employers a “safe harbor” from emotional distress and punitive damages if a lawsuit is filed, if … Continue Reading

Oregon Enacts Paid Family Leave

Starting in 2023, Oregon employers with at least 25 employees must provide eligible employees with up to 12 weeks of paid leave for a covered purpose (family, medical, or “safe” leave). The program will be funded with payroll contributions (40% employer/60% employee), the amount of which depends on an employee’s wages. Benefit amounts will be … Continue Reading

Oregon’s Workplace Fairness Act Means Major Changes for Oregon Employers

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

Pay Equity: 10 Things for Oregon Employers to Do Before the End of the Year

Oregon’s new Equal Pay Act and “Pay Equity Analyses” are all the rage in Oregon right now. The majority of the Act’s new requirements go into effect January 1, 2019. Let’s talk about 10 things you should do before the end of the year to make sure you are in compliance with the law. If … Continue Reading

Oregon’s Secure Scheduling Law Goes into Effect July 1: Are You Ready?

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

Oregon Amends Sick Leave Law: 5 Key Clarifications

Oregon recently passed amendments to its statewide sick time law, clearing up several areas of uncertainty for employers.  The amendments clarify that: Employers may cap employees’ annual accrual of sick leave at 40 hours. The pre-amendment version of the sick leave law stated that employees had the right to “earn and use up to 40 … Continue Reading

Breaking News: Oregon Legislature Passes Employee Scheduling Bill

Oregon is poised to become the first state to enact a “secure scheduling” or “fair work week” law that will impose significant new employee scheduling requirements on certain categories of large employers.  Senate Bill 828, which will set new scheduling standards for employers with 500 or more employees worldwide in the retail, hospitality, or food … Continue Reading

Time to Revise Your Job Applications: Oregon Prohibits Salary History Inquiries in Effort to Address Systemic Wage Inequality

“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
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