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
States
AB 2188 Leaves California Employers’ Policies on Marijuana Use up in Smoke
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…
Oregon Paid Leave—Now Is the Time to Think About Equivalent Plans
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…
Deadline for California Employers to Comply with the California Privacy Rights Act
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…
Oregon Pay Equity Update: The Status of Hiring Bonuses
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.Continue Reading Oregon Pay Equity Update: The Status of Hiring Bonuses
Oregon Supreme Court Enforces Employment Arbitration Agreement
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…
Heat and Smoke: New Rules for Oregon Employers
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…
California Supreme Court Extends Employees’ Rights to Waiting-Time Penalties and Other Damages
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…
Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADA
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…
Spring Cleaning for your Oregon Leave Law Policies
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…