John Dudrey

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John Dudrey is of counsel in the firm’s Labor & Employment group. His practice focuses on assisting clients with complex labor and employment litigation matters. John has experience assisting with state and federal jury trials and administrative proceedings, including NLRB proceedings.

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Oregon OSHA Announces Plans to Sunset Portions of Its COVID-19 Safety Rules Once Vaccination Target Is Reached

Late last week, Governor Kate Brown announced that the State of Oregon would largely remove its mask and social-distancing requirements once 70 percent of adult Oregonians have received at least one dose of a COVID-19 vaccine.  Following that announcement, the Oregon Occupational Health and Safety Administration (“OR-OSHA”) published its plans to repeal at least some … Continue Reading

Headline: EEOC Releases Updated COVID-19 Vaccine Guidance

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 … Continue Reading

Oregon Agencies Release New COVID-19 Guidance for Fully Vaccinated Individuals

On May 18, 2021, the Oregon Health Authority (“OHA”) published new COVID-19 guidance: “Interim Guidance for Fully Vaccinated Individuals” and “Statewide Reopening Guidance – Masks, Face Coverings, Face Shields.”  Today, the Oregon Occupational Safety and Health Administration (“OR-OSHA”) issued guidance for the workplace.  The new guidance from the agencies follows the Centers for Disease Control … Continue Reading

CDC Issues New Mask and Social Distancing Guidance for Fully Vaccinated Individuals

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 “fully … Continue Reading

Minimum Wage Increase and Updated Workplace Posters

It’s that time of year to prepare for minimum wage increases and update workplace posters.  Beginning July 1, minimum wage rates throughout Oregon increase, to $14.00 for Portland Metro, $12.00 for Nonurban Counties, and $12.75 as Standard. (See here for descriptions of the areas in each category.)  BOLI’s 2021-2022 Commonly Required Postings in Oregon Poster, … Continue Reading

U.S. Department of Labor Repeals Trump-Era Rule Favoring Independent Contractor Status, as Expected

As expected, the U.S. Department of Labor (DOL) has repealed the Trump-era rule regarding classification of independent contractors.  As we discussed here, the Trump-era rule codified the “economic realities test” for use when analyzing whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). Labor advocates criticized the … Continue Reading

Final OR OSHA Infectious Disease Rule Is Now Effective

Effective May 4, 2021, the Oregon Occupational Safety and Health Administration (“OR OSHA”) published its final rule requiring Oregon employers to continue to implement safety measures to protect against the spread of COVID-19.  The final rule is available on OR OSHA’s website.  Here is a summary of the permanent rule’s key provisions: No Sunset Date … Continue Reading

DOL Announces Plans To Rescind FLSA Joint Employment Rule, Withdraw FLSA Independent Contractor Rule

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 … Continue Reading

U.S. House of Representatives Passes Union “Wish List” Bill

Last week, the U.S. House of Representatives narrowly passed the Protecting the Right to Organize (“PRO”) Act, which would make sweeping union-friendly changes to the three primary federal laws that govern private-sector labor relations: the National Labor Relations Act (“NLRA”), the Labor Management Relations Act, and the Labor-Management Reporting and Disclosure Act of 1959.  The … Continue Reading

DOL Delays Roll-Out of New Independent Contractor Rule

Another day, another Trump-era Department of Labor (“DOL”) rule that’s been put on the shelf for 60 days.  Last week, we blogged about the Biden DOL’s decision to delay the rollout of the tip rules that the Trump DOL adopted in the final weeks of its administration from March 1, 2021 until at least April … Continue Reading

Ninth Circuit Rules That Per Diem Payments Must Be Included in Regular Rate Under the FLSA

It’s common knowledge that an employee’s overtime rate is “time and a half” the regular rate of pay.  But that truism begs the question: what exactly is the regular rate of pay?  Earlier this week, the Ninth Circuit analyzed whether the Fair Labor Standards Act (“FLSA”) required a company to include per diem payments that … Continue Reading

Oregon OSHA Proposes Final, Permanent COVID-19 Safety Rules for Oregon Employers

As many of you know, effective November 16, 2020, the Oregon Occupational Safety and Health Administration (“OR OSHA”) adopted a comprehensive set of workplace safety rules designed to address the COVID-19 pandemic.  (More information about the rules is available here, here and here). These temporary rules remain in effect until May 4, 2021. Late last … Continue Reading

Comment Period For Round Two of Proposed Paid Family and Medical Leave Rules Closes Friday

The Oregon Employment Department (“OED”) has posted its second set of proposed administrative rules implementing the Oregon Paid Family and Medical Leave Act (“PFMLA”). A link to the proposed rules is here and our blog about the first set of proposed rules is here.  The second set of proposed rules covers such critical topics as how to determine … Continue Reading

Out with the Old, in with the New: Employers Should Expect Changes Under a Biden Administration

In case you missed it (did anyone miss it?), President Joe Biden was sworn into office yesterday.  Although workplace issues are hardly the only pressing item on the new President’s agenda, employers should be prepared for the rollout of additional employee protections under the Biden administration. Priorities That President Biden Has Already Announced Extending and … Continue Reading

DOL Publishes Final Independent Contractor Rule to Take Effect in March

The U.S. Department of Labor (“DOL”) published a final rule addressing independent contractor status under the Fair Labor Standards Act (“FLSA”).  Independent contractor status is a critical question under the FLSA because eligible employees are entitled to the law’s protections (for example, minimum wage and overtime for non-exempt employees) but independent contractors are not.  Incorrectly … Continue Reading

Department of Labor Publishes Final Rule Regarding Tip Pools and Tip Credits

After a lengthy and contentious rulemaking process, the Department of Labor (“DOL”) published its final rule revising its tipped-employee regulations under the Fair Labor Standards Act (“FLSA”) last week. The new rules take effect 60 days from their publication in the Federal Register, which will occur shortly.  Here is a summary of the new rules’ … Continue Reading

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 … Continue Reading

Oregon Employment Department Posts First Draft of Proposed Paid Family Medical Leave Rules

As we’ve blogged about previously here, here, and here, in 2019, the Oregon legislature passed a paid family and medical leave (“PFML”) law which provides Oregon employees with up to 12 weeks of paid leave for a covered purpose through a payroll tax; Oregon employers with at least 25 employees are covered by the new … Continue Reading

Oregon OSHA Issues Sample Materials for Required Employee Training and Releases Delayed Enforcement Memorandum

Oregon OSHA has just released a series of materials, including sample training materials, to help employers comply with OR-OSHA’s temporary workplace safety rules related to COVID-19.  We previously discussed the OR-OSHA rules here and here.  The new materials are summarized below. Sample Training Materials Employers must provide employees with COVID-19 information and training by December … Continue Reading

The COVID-19 Vaccine Is Coming: Can Employers Require Employees to Get Vaccinated?

With FDA approval of a COVID-19 vaccine possibly coming this week, employers are wondering whether they can require their employees to get vaccinated as a condition of employment.  For many employers, the answer is yes, subject to a few exceptions. As a general matter, employers are free to set the terms and conditions of employment, … Continue Reading

OR-OSHA Publishes Model Infection Control Policy Required by New COVID- 19 Rules

On November 6, 2020, the Oregon Occupational Health and Safety Administration (“OR-OSHA”) published final temporary rules for workplace safety protections specific to COVID-19. Our alert about the new rules is available here. Among other requirements, the new rules require employers to adopt a COVID-19 Infection Notification policy for notifying exposed and affected employees of possible … Continue Reading

Take Action to Comply with OR-OSHA’s Final Temporary COVID-19 Safety Rules

On November 6, 2020, the Oregon Occupational Health and Safety Administration (“OR-OSHA”) published final temporary rules for workplace safety protections specific to COVID-19. The text of the final rules is available on OR-OSHA’s website. The effective date for the new rules is November 16, 2020, although the timeline for different requirements under the rules varies. … Continue Reading

Oregon Employment Department Sponsors “Town Halls” to Discuss Paid Family and Medical Leave Program

As many of you know, in 2019 the Oregon Legislature passed (and Governor Brown signed) HB 2005, which creates a Paid Family and Medical Leave program for Oregon employees. Our original blog posts about the new law are here and here. The Oregon Employment Department has launched listening sessions for employers and employees across Oregon … Continue Reading
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