Category: Oregon

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Final OR OSHA Infectious Disease Rule Is Now Effective

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

Do Employees Still Have to Wear a Mask?

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

FFCRA Update: What the March 2021 Federal Stimulus Bill Means for COVID-19-Related Leave

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

Oregon OSHA Proposes Final, Permanent COVID-19 Safety Rules for Oregon Employers

As many of you know, effective November 16, 2020, the Oregon Occupational Safety and Health Administration (“OR OSHA”) adopted a comprehensive set of workplace safety rules designed to address the COVID-19 pandemic.  (More information about the rules is available here, here and here). These temporary rules remain in effect until May 4, 2021. Late last … Continue Reading

Comment Period For Round Two of Proposed Paid Family and Medical Leave Rules Closes Friday

The Oregon Employment Department (“OED”) has posted its second set of proposed administrative rules implementing the Oregon Paid Family and Medical Leave Act (“PFMLA”). A link to the proposed rules is here and our blog about the first set of proposed rules is here.  The second set of proposed rules covers such critical topics as how to determine … Continue Reading

Oregon Employment Department Posts First Draft of Proposed Paid Family Medical Leave Rules

As we’ve blogged about previously here, here, and here, in 2019, the Oregon legislature passed a paid family and medical leave (“PFML”) law which provides Oregon employees with up to 12 weeks of paid leave for a covered purpose through a payroll tax; Oregon employers with at least 25 employees are covered by the new … Continue Reading

Oregon OSHA Issues Sample Materials for Required Employee Training and Releases Delayed Enforcement Memorandum

Oregon OSHA has just released a series of materials, including sample training materials, to help employers comply with OR-OSHA’s temporary workplace safety rules related to COVID-19.  We previously discussed the OR-OSHA rules here and here.  The new materials are summarized below. Sample Training Materials Employers must provide employees with COVID-19 information and training by December … Continue Reading

The COVID-19 Vaccine Is Coming: Can Employers Require Employees to Get Vaccinated?

With FDA approval of a COVID-19 vaccine possibly coming this week, employers are wondering whether they can require their employees to get vaccinated as a condition of employment.  For many employers, the answer is yes, subject to a few exceptions. As a general matter, employers are free to set the terms and conditions of employment, … Continue Reading

Oregon Issues New COVID-19 Guidance for Employers, Including Updated Face Covering Requirements

On the same day that Oregon’s statewide “freeze” went into effect, which we blogged about here, the Oregon Health Authority (OHA) issued new face covering guidance and new guidance for employers.  That guidance is available here (face coverings) and here (employers). Face Covering Guidance Under the new face covering guidance, employees working in cubicles or … Continue Reading

Oregon Orders a Statewide “Freeze” Due to COVID-19 Surge, Closing Some Businesses, Restricting Bars and Restaurants to Takeout, and Further Limiting Social Gatherings

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

OR-OSHA Publishes Model Infection Control Policy Required by New COVID- 19 Rules

On November 6, 2020, the Oregon Occupational Health and Safety Administration (“OR-OSHA”) published final temporary rules for workplace safety protections specific to COVID-19. Our alert about the new rules is available here. Among other requirements, the new rules require employers to adopt a COVID-19 Infection Notification policy for notifying exposed and affected employees of possible … Continue Reading

Take Action to Comply with OR-OSHA’s Final Temporary COVID-19 Safety Rules

On November 6, 2020, the Oregon Occupational Health and Safety Administration (“OR-OSHA”) published final temporary rules for workplace safety protections specific to COVID-19. The text of the final rules is available on OR-OSHA’s website. The effective date for the new rules is November 16, 2020, although the timeline for different requirements under the rules varies. … Continue Reading

Oregon Has Updated Face Covering and Mask Requirements

The Oregon Health Authority has again modified the state’s requirements for masks and face coverings. The new guidance expands the face covering requirements we wrote about here and here. The new guidance can be found here. Masks are now required in both public and private workplaces unless the employee’s job does not require interacting with the … Continue Reading

Oregon Employment Department Sponsors “Town Halls” to Discuss Paid Family and Medical Leave Program

As many of you know, in 2019 the Oregon Legislature passed (and Governor Brown signed) HB 2005, which creates a Paid Family and Medical Leave program for Oregon employees. Our original blog posts about the new law are here and here. The Oregon Employment Department has launched listening sessions for employers and employees across Oregon … Continue Reading

Oregon OSHA Releases Near Final Draft of its COVID-19 Standard

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

BOLI Permanently Expands OFLA for Eligible Working Parents Impacted by COVID-19

On the day that its temporary rule was set to expire, the Oregon Bureau of Labor and Industries (“BOLI”) issued a permanent rule to allow employees to continue to avail themselves of protected “sick child leave” under the Oregon Family Leave Act (“OFLA”) to care for a child whose school or childcare provider has been … Continue Reading

Oregon Now Requires Face Coverings in Public and Private Offices

The Oregon Health Authority recently updated the state’s COVID-19 guidance to expand the use of face coverings to public and private offices. Under the new rule, masks, face coverings, or face shields are required at all times for office employees, including in hallways, bathrooms, elevators, lobbies, break rooms, and other common spaces, unless employees are … Continue Reading

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
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