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
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.
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
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’
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
Oregon Orders a Statewide “Freeze” Due to COVID-19 Surge, Closing Some Businesses, Restricting Bars and Restaurants to Takeout, and Further Limiting Social Gatherings
On November 13, 2020, after concluding that the previously proposed two-week “pause” did not go far enough, Governor Kate Brown announced a two-week statewide “freeze” aimed at slowing the rapid spread of COVID-19. The statewide freeze starts on Wednesday, November 18 and runs through December 2, 2020, meaning that the freeze will be in place
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
Oregon Has Updated Face Covering and Mask Requirements
The Oregon Health Authority has again modified the state’s requirements for masks and face coverings. The new guidance expands the face covering requirements we wrote about here and here. The new guidance can be found here.
Masks are now required in both public and private workplaces unless the employee’s job does not require interacting