The Stoel Rives Labor & Employment Law Blog
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:
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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 …
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…
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…
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…
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 hopes to enter Phase 1 starting June 12.
Phase 2 of Oregon’s reopening plan generally allows gatherings of up to 50 people indoors and 100 people outdoors, and encourages individuals to gather outdoors when possible. The onus is on the operators of gatherings to determine maximum occupancy of each indoor and outdoor area and maintain at least six feet physical distance between parties, and adhere to various cleaning and sanitation requirements, which are available here. Phase 2 also has sector-specific requirements for indoor & outdoor entertainment facilities, restaurants & bars, swimming pools & sports courts, recreational sports, and venues & events that are set forth in detail below. Given the many moving parts and that requirements differ by sector, it is prudent for employers to ensure their employees have been provided with proper written policies, protocols, training, and necessary PPE before reopening their doors to the public.
Continue Reading Oregon Issues New COVID-19 Guidance for Employers as Most Counties Enter Phase 2
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 first phase of the plan, counties that satisfy those prerequisites may permit certain business activities starting on May 15. Phase 1 activities include sit-down dining at restaurants and bars and personal care services. Each phase is required to last at least 21 days to ensure that each health benchmark is met before further loosening restrictions in the next phase.
In her announcement, the Governor also issued guidance for various sectors of the state – the public, employers, outdoor recreation, restaurants & bars, retail stores, and personal services providers. The state’s guidance for employers is summarized below; we provided more detail for many of these concepts in our own Ten Things to Consider in Getting Back to Work.
General Considerations
Continue Reading Reopening Oregon: Governor Brown Releases Details and Guidance for Businesses
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.”
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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,…
Current Oregon law grants two important rights to manufacturing employees: (1) they are entitled to overtime pay if they work more than 10 hours in a single work day (and can never work more than 13 hours in a day); and (2) they may not work more than 55 hours in a workweek unless they provide their written consent to work up to a maximum of 60 hours. In response to the COVID-19 pandemic, the Oregon Bureau of Labor and Industries (“BOLI”) has adopted a new emergency rule that allows manufacturing employers to seek a partial exemption from these requirements as described below.
Under BOLI’s new rule, employers engaged in manufacturing products that “reasonably result in the preservation of life and property” during the coronavirus pandemic may seek the exemption. (BOLI has also issued a FAQ to help employers determine whether they are making such products, among other guidance.)
Here is what BOLI had to say about what kinds of manufactured product will support the exemption:
“Manufacturers that are part of the supply chain for food or medical equipment and have seen increased demand during the pandemic are great examples. For example, garment factories producing medical personal protective equipment (PPE), scrubs, or gowns may be included, whereas a regular clothing manufacturer may not.”
Continue Reading UPDATED: BOLI Issues New Rule Providing for Emergency Exemption from Manufacturing Hours Limits
