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

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

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

Earlier this afternoon, Multnomah County announced that effective Friday August 13 all individuals age five and older in Multnomah County will be required to wear masks in indoor public spaces, regardless of vaccination status. A copy of the County’s announcement is available here. Based on the announcement, we expect that the mask mandate will not

Following an increase in COVID-19 cases and hospitalizations, and in line with recent CDC guidance designed to curb the well-publicized spread of the Delta variant, the Oregon Health Authority (“OHA”) is again recommending that all individuals, including those who are fully vaccinated, wear masks in indoor public settings. The recommendation applies statewide, but it is

In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court determined that the phrases “regular rate of compensation” and “regular rate of pay” are synonymous for the purposes of California Labor Code section 226.7(c) and the California Industrial Wage Orders.  With this seemingly innocuous ruling, however, the Supreme Court has handed a potentially

Many Oregon employers and employees have been eagerly awaiting the day when we can return to mask-free social interactions and in-person work. On June 25, 2021, Governor Brown issued an Executive Order stating that effective June 30, 2021, Oregon is lifting its mask mandates, capacity limits, and social distancing guidelines. Oregon employers are also bound

Just before we headed off for the holiday weekend, the U.S. Equal Employment Opportunity Commission (“EEOC”) released updated guidance related to the COVID-19 vaccine.  The guidance largely tracks earlier guidance and practices that many employers had already adopted.  Here are the highlights:

  • The EEOC explicitly confirmed that federal anti-discrimination laws “do not prevent an employer

Hot off the proverbial presses: The Centers for Disease Control and Prevention (“CDC”) announced today that fully vaccinated individuals can resume normal life activities without wearing masks or socially distancing.  The CDC’s guidance is available here.  Although it is certainly good news, the CDC’s guidance comes with several cautionary notes:

  • An individual is only

Late last week, the U.S. Department of Labor (“DOL”) announced that it plans to rescind the Trump DOL rule that tightened the standards by which two or more companies could be deemed a joint employer for purposes of the Fair Labor Standards Act (“FLSA”).  The same day, the DOL announced its plans to withdraw the