Caroline Livett

Caroline Livett

Caroline Livett represents companies in employment lawsuits and has experience defending everything from complex wage & hour class actions to sensitive sexual harassment claims. She is an experienced trial attorney and former public defender who looks at the big picture and knows when to aggressively litigate and when to make a case quickly go away. Clients also rely on Caroline for their day-to-day business needs, be it hiring a new executive, terminating a long-term employee, or training managers on the latest employment laws and trends.

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Face Coverings Are Now Required for Employees of Select Oregon Businesses

Pursuant to new Oregon Health Authority (OHA) guidance issued May 15, 2020, 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. Businesses subject to this requirement are: Grocery stores Fitness-related organizations (gyms, fitness centers, … Continue Reading

Ten Things to Consider In Getting Back to Work

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.” Reluctant Returners. Many employees are eager to return … Continue Reading

FFCRA Leave for Childcare Closures May Extend Beyond the End of the School Year

Thank you to everyone who attended our webinar on Taming the COVID-19 Chaos, Part 6—Bringing Employees Back to Work.  If you missed it, be on the lookout for details on future webinars to help employers navigate these challenging times. We received some questions about whether employees can continue to use FFCRA leave after the end … Continue Reading

Oregon’s Plan for Reopening

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, … Continue Reading

Navigating ADA Issues in the Time of COVID-19: Four Situations Employers Should Be Prepared For

We have been counseling employers throughout the COVID-19 pandemic and have encountered several common scenarios.  Many of the most frequently asked questions are addressed in our Employer FAQs.  This post provides additional information on the interaction between various pandemic-related issues and the Americans with Disabilities Act (“ADA”). An employee known to be suffering from a mental … Continue Reading

FFCRA Eligibility and Employee Leave Requests

We continue to stay up-to-speed on workplace issues related to COVID-19, including the new federal CARES Act and the Families First Coronavirus Response Act (“FFRCA”). In order to help employers navigate FFCRA, we’ve created this FFCRA flowchart and this FFCRA employee leave request form. Please note that our Employer FAQs, flowchart, and request form provide general guidance and are … Continue Reading

UPDATE: Congress Passes Coronavirus Aid, Relief, and Economic Security Act

*a prior version of this post indicated the House vote was still pending. The House passed this legislation on March 27, 2020.  Like you, we are closely monitoring the rapid developments caused by the COVID-19 pandemic. The latest is Congress passing the Coronavirus Aid, Relief, and Economic Security Act (or “CARES” Act). We focus below … Continue Reading

COVID-19 – Information Updates

We continue to stay up to speed on workplace-related legal issues as we all navigate this challenging time. Many of you attended the webinar we put on today, Taming the COVID-19 Chaos: What Employers Need to Know.  The materials from that presentation are available here.  Please join us for another webinar next Wednesday, March 18; … Continue Reading

Pay, Leave, and Scheduling Issues Due to the Coronavirus (COVID-19)

With hourly reports of a possible coronavirus (COVID-19) pandemic in the news, employers are confronted with preparing for widespread employee absences or a pandemic situation.  Among many issues to consider is how to treat absences related to coronavirus.  Not only must employers consider how to treat employees who themselves become ill, they must also prepare … Continue Reading

Goodbye 2019, Hello 2020

As 2019 comes to an end, employers should know about important new obligations that will ring in their new year.  Our Labor & Employment experts offer some guidance on critical developments in Oregon, Washington, California, and Idaho that employers should be prepared for in 2020. Oregon The statute of limitations for discrimination and harassment claims … Continue Reading

Oregon Supreme Court Affirms That Employers Can Be Liable for Post-Employment Retaliation

Oregon employers should be aware of the Oregon Supreme Court’s recent decision in McLaughlin v. Wilson, 365 Or 535, __ P3d __ (2019).  In McLaughlin, the court was asked to decide the scope of ORS 659A.030(1)(f), which makes it unlawful “[f]or any person to discharge, expel or otherwise discriminate against any other person because that other person” … Continue Reading

Pay Equity Update: Oregon Legislature Amends Equal Pay Law

SB 123, just passed by the legislature and signed by Governor Brown, makes several amendments to Oregon’s pay equity law. Most notable are the revisions to the limited affirmative defense available to employers in litigation. The law previously provided employers a “safe harbor” from emotional distress and punitive damages if a lawsuit is filed, if … Continue Reading

Pay Equity: 10 Things for Oregon Employers to Do Before the End of the Year

Oregon’s new Equal Pay Act and “Pay Equity Analyses” are all the rage in Oregon right now. The majority of the Act’s new requirements go into effect January 1, 2019. Let’s talk about 10 things you should do before the end of the year to make sure you are in compliance with the law. If … Continue Reading

Oregon’s Secure Scheduling Law Goes into Effect July 1: Are You Ready?

The 2017 Oregon legislature passed a “secure scheduling” or “fair work week” law that imposes significant requirements on certain categories of large employers.  The law, available here, goes into effect July 1, 2018.  We previously blogged about the law here. Are You a Covered Employer?  The law applies to retail, hospitality, and food services employers … Continue Reading

The City of Portland Issues Rules for “Ban the Box”

We previously blogged about Portland, Oregon’s restrictive “ban the box” ordinance.  The City of Portland recently issued administrative rules for its ordinance.  The administrative rules are available here.  The key provisions are: Excepted Employers As explained in our prior blog, you are excepted from the ordinance’s timing restriction (but not its other requirements) if the … Continue Reading

Portland, Oregon’s More Restrictive “Ban the Box” Ordinance

Portland, Oregon’s new “ban the box” ordinance went into effect on July 1, 2016.  We blogged about Oregon’s statewide “ban the box” law here.  Portland’s new ordinance is more restrictive and prohibits covered employers from conducting criminal background checks until after a conditional job offer is made.  Detailed information about the new ordinance is available … Continue Reading
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