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
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
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
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’
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
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
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
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
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
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