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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Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADA

By Brenda Baumgart, Adam Belzberg and John Dudrey on Posted in ADA, California, EEOC, Idaho, News, Oregon, Washington
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 … Continue Reading

NLRB GC Asks Board To Revisit Standard For Analyzing Employee Handbooks

By John Dudrey and Adam Belzberg on Posted in Biden Board, Cases, Labor, News, NLRB, Trump Board
Since August 2021, three of the five members of the National Labor Relations Board (“NLRB” or “Board”) have been appointed by Democratic presidents, including two members appointed by President Biden. Earlier this year, the Democratic majority announced in Stericyle, Inc., 371 NLRB No. 48 (Jan. 6, 2022), that it was requesting briefing on whether to … Continue Reading

Oregon Health Authority Announces Sunset Date for Indoor Mask Requirements

By John Dudrey and Todd Hanchett on Posted in coronavirus, COVID-19, Oregon
On February 7, 2022, the Oregon Health Authority (“OHA”) announced that it would lift the general state-wide indoor mask requirement no later than March 31, 2022.  Per the OHA, the mask requirement for schools will also lifted by March 31, in coordination with the Oregon Department of Education (“ODE”). The OHA is basing its decision … Continue Reading

COVID-19 Vaccine and Mask Mandates – Comparison of Select States

By Emily Atmore, John Dudrey, Matt Durham, Bryan Hawkins, Karin Jones and Karen O'Connor on Posted in California, COVID-19, Minnesota, Oregon, Utah, Washington
On January 13, 2022, the United States Supreme Court issued a stay of the Occupational Safety and Health Administration’s (“OSHA”) COVID vaccine-or-test rule for large employers. Although the OSHA rule is effectively off the table, there are still a host of COVID rules that employers must comply with. Stoel Rives has created an interactive map … Continue Reading

Supreme Court Blocks OSHA’s Vaccine-or-Test Mandate but Allows CMS Vaccination Mandate for Most Health Care Workers

By John Dudrey, Ryan Kunkel, Tim O'Connell and Jim Shore on Posted in coronavirus, COVID-19, OSHA
Today, the Supreme Court blocked the Biden Administration’s vaccine-or-test mandate for large employers, known as the Emergency Temporary Standard (“ETS”), which we wrote about here.  The Court held that the federal agency that issued the ETS, the Occupational Safety and Health Administration (“OSHA”), has authority to regulate workplace safety issues, but not to regulate public … Continue Reading

Federal Court Allows OSHA Vaccine-Or-Test Rule To Move Forward

By James Dale, John Dudrey, Tim O'Connell and Karen O'Connor on Posted in Alaska, California, COVID-19, Oregon, OSHA, Utah, Washington
In a decision released late in the day on Friday, the United States Court of Appeals for the Sixth Circuit lifted a stay against the Occupational Safety and Health Administration’s (“OSHA”) rule requiring employers with 100+ employees either to require their employees to be vaccinated against COVID-19 or to submit to weekly COVID-19 testing and … Continue Reading

Oregon Health Authority Releases Mandatory Vaccine Rule and Religious/Medical Exemption Forms for Health Care Workers

By John Dudrey, Todd Hanchett and Caroline Sundbaum on Posted in COVID-19, Oregon
Last week, Governor Kate Brown announced that the State of Oregon would require that all health care workers be fully vaccinated against COVID-19 unless they could prove they were entitled to a religious or medical exception.  The Oregon Health Authority (“OHA”) just released its administrative rule implementing the Governor’s announcement: effective October 18, 2021, health … Continue Reading

Oregon to Require Vaccinations for All Health Care Workers

By Caroline Sundbaum, Todd Hanchett and John Dudrey on Posted in COVID-19, Oregon
On August 19, 2021, just two weeks after announcing that all Oregon health care workers must either be fully vaccinated or test weekly for COVID-19, which we blogged about here, Governor Brown announced that vaccinations will be mandatory for health care workers starting October 18, 2021, assuming the vaccines have full FDA approval by then.  … Continue Reading

State of Oregon and Multnomah County Publish Details of Indoor Mask Requirements

By John Dudrey and Melissa Healy on Posted in COVID-19, News, Oregon
As we previously wrote about, the State of Oregon and Multnomah County are each imposing new indoor mask requirements beginning today, August 13, 2021, in response to the escalating COVID-19 pandemic driven by the Delta variant. Yesterday, the State and County released details of their respective requirements (the “Rules”), which overlap in most respects and … Continue Reading

Governor Kate Brown Announces Renewed State-Wide Mask Mandate, Vaccination Requirement For Executive Branch Employees

By John Dudrey and Melissa Healy on Posted in COVID-19, News, Oregon
Governor Kate Brown announced today that the State of Oregon would impose a state-wide mask mandate that applies to indoor spaces (effective date to be determined). It is unclear at this time whether employers will be required to mandate masks for employees and customers (or take other COVID-19-related precautions), and whether penalties will be imposed on … Continue Reading

Multnomah County Announces New Indoor Mask Requirement Effective August 13

By John Dudrey and Melissa Healy on Posted in COVID-19, Oregon, Updates
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 apply … Continue Reading

Updated Mask Guidance from Oregon Health Authority

By Melissa Healy and John Dudrey on Posted in coronavirus, COVID-19, Oregon, Updates
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 not a … Continue Reading

Oregon OSHA Issues Temporary Heat Rule

By John Dudrey and Lou Ferreira on Posted in Gov't Agencies, News, Oregon, OSHA
Yesterday, the Oregon Occupational Health and Safety Administration (“OR OSHA”) issued a temporary rule to address employees’ exposure to the hazards posed by temperatures in excess of 80 degrees. The rule applies whenever employees are required to work in conditions in which the “heat index temperature” (which combines air temperature with relative humidity to measure … Continue Reading

OR-OSHA Repeals Face-Covering and Distancing Requirements for Most Employers

By John Dudrey and Laura Rosenbaum on Posted in coronavirus, COVID-19, News, Oregon, OSHA
Effective today, the Oregon Occupational Safety and Health Administration (“OR-OSHA”) repealed the COVID-19 workplace safety rules that obligated most employers to require employees and visitors to wear face coverings and observe physical distancing rules in the workplace.  However, most of OR-OSHAs rules remain in effect and the repeal of the face-covering and distancing requirements does … Continue Reading

Oregon OSHA Signals Removal of Face Covering and Social Distancing Requirements

By John Dudrey and Laura Rosenbaum on Posted in coronavirus, COVID-19, Oregon, OSHA, Updates
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 … Continue Reading

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

By John Dudrey, Ryan Kunkel and Karen O'Connor on Posted in coronavirus, COVID-19, Oregon, OSHA
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

By John Dudrey, Melissa Healy and Karen O'Connor on Posted in COVID-19, EEOC, Updates
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

By Karen O'Connor, John Dudrey and Laura Rosenbaum on Posted in coronavirus, COVID-19, Oregon
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

By John Dudrey and Adam Belzberg on Posted in coronavirus, COVID-19, News, Updates
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

By John Dudrey, Karen O'Connor and Ryan Kunkel on Posted in COVID-19, Oregon, OSHA, wage and hour
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

By Adam Belzberg, John Dudrey, Chris Wall and Ryan Kunkel on Posted in Department of Labor, FLSA, Labor
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

By John Dudrey and Lou Ferreira on Posted in COVID-19, Oregon, OSHA, Uncategorized
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

By John Dudrey, Chris Wall, Adam Belzberg and Ryan Kunkel on Posted in Department of Labor, FLSA, joint-employer, Updates
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

By Melissa Healy and John Dudrey on Posted in Labor, Legal, Updates
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
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