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Karen O'Connor is a partner in the firm's Labor & Employment group whose practice includes counseling and litigation on complex employment issues including leave laws, workplace harassment and discrimination, discipline and documentation, and drug and alcohol issues. She represents clients before Oregon and Washington state and federal courts and in administrative proceedings. Karen co-teaches in the human resources program at Portland State University and is a frequent speaker in the community.

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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

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

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

Please note: The information below is based on what we know today, and that rules and regulations are literally changing daily. Employers need to be nimble and flexible – check your local rules on a daily basis.

As more and more people receive the COVID-19 vaccine, employees are starting to ask questions about mask requirements. 

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

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.

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

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’

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