On May 10, 2023, the Oregon Health Authority (“OHA”) announced that, effective May 11, it is suspending the statewide rule requiring that health care workers be fully vaccinated against COVID-19 unless they have an approved medical or religious exception. The news coincides with the end of the federal public health emergency on May 11, along
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
The Latest on President Biden’s Vaccination Mandates
As we blogged about here, on September 9, 2021, President Biden announced sweeping new vaccine requirements that will impact millions of employees across the country, including:
- A forthcoming rule that will require all business with 100 or more employees to require that employees be either fully vaccinated or tested for COVID-19 at least once
Oregon Health Care Employees Must Provide Proof of COVID Vaccination or Test Weekly
The latest COVID-19 surge driven by the Delta variant has caused many employers — not the least of which are health care employers — to revisit mandatory vaccine requirements for employees. While many health care systems around the country already have mandated that their employees be vaccinated against COVID-19 as a condition of employment, a
EEOC Publishes Guidance Regarding COVID-19 Vaccines
*This article was originally published as a Legal Alert on December 17, 2020.
With the COVID-19 vaccine becoming available to some and just around the corner for others, the question on many employers’ (and employees’) minds is whether they can (or should) mandate employees be vaccinated as a condition of employment. The Equal Employment Opportunity
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 closed in conjunction with a statewide public health emergency, including COVID-19. We previously blogged about BOLI’s temporary rule here.
Based on public comment received during the permanent rule-making process, as well as the fluid nature of safety protocols with respect to childcare providers and school re-openings, the agency determined that its now permanent rule would benefit from additional, immediate clarifications to other OFLA rules. Accordingly, BOLI simultaneously issued another set of temporary rules (effective September 14, 2020 through March 12, 2021) of which employers should be aware both with respect to implementing the expanded sick child leave and to the extent they want to provide input during the public comment period.
Under the temporary amendments, BOLI broadly defines “childcare provider” to include any “place of care” or person who cares for a child. “Place of care” includes day care facilities, preschools, before and after school care programs, schools, homes, summer camps, summer enrichment programs, and respite care programs. The physical location does not have to be solely dedicated to such care. A person who cares for a child includes nannies, au pairs, babysitters, and individuals who regularly provide childcare at no cost, for example, grandparents, aunts, uncles, or neighbors.
Continue Reading BOLI Permanently Expands OFLA for Eligible Working Parents Impacted by COVID-19
FFCRA Update: DOL Issues New Guidance Regarding Childcare Leave
The DOL recently updated its guidance regarding when childcare leave can be taken under the Families First Coronavirus Response Act (or “FFCRA”). FFCRA requires most employers to provide employees with up to 12 weeks of protected leave, paid at 2/3rds the employee’s regular rate of pay, up to a maximum of $200 a day (reimbursed
Supreme Court Rules That Title VII Protects LGBT Employees
Today the United States Supreme Court answered the question of whether Title VII, the federal law that prohibits workplace discrimination “on the basis of sex,” protects LGBT employees with a resounding “Yes.” In a 6-3 decision, the Court held that: “The answer is clear. An employer who fires an individual for being homosexual or transgender
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
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 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