The October 1, 2020 deadline for Oregon employers to update their non-discrimination policies is approaching. In 2019, the Oregon Legislature passed the Workplace Fairness Act (the “Act”), which made significant changes to state law governing discrimination and harassment claims (quick recap here). Among other provisions, the Act requires employers to adopt a written anti-discrimination
Changes to Oregon Unemployment Insurance and Oregon Family Leave Act in Light of COVID-19
On March 18, 2020, Oregon issued temporary rules to help employees impacted by COVID-19. The Oregon Employment Department issued temporary rules expanding the availability of unemployment insurance to those impacted by COVID-19, while the Oregon Bureau of Labor and Industries (“BOLI”) issued a temporary rule expanding the availability of the Oregon Family Leave Act (“OFLA”) to parents whose children are impacted by school or day-care closures.
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COVID-19 – Information Updates
We continue to stay up to speed on workplace-related legal issues as we all navigate this challenging time. Many of you attended the webinar we put on today, Taming the COVID-19 Chaos: What Employers Need to Know. The materials from that presentation are available here. Please join us for another webinar next Wednesday, March
Pay, Leave, and Scheduling Issues Due to the Coronavirus (COVID-19)
With hourly reports of a possible coronavirus (COVID-19) pandemic in the news, employers are confronted with preparing for widespread employee absences or a pandemic situation. Among many issues to consider is how to treat absences related to coronavirus. Not only must employers consider how to treat employees who themselves become ill, they must also prepare for those who will be absent to care for others, as well as possible illness-related furloughs or facility closures.
Under the FLSA and most state wage and hour laws, there is a distinction between how employees are treated, depending upon their status as exempt or non-exempt employees.
Non-exempt employees. Employers should pay non-exempt employees for all time worked but are not required to pay them if they do not perform work. For example, if the non-exempt employee performs work from home, they should be paid for all time actually worked. On the other hand, the employer need not pay non-exempt employees if they perform no work because, for example, the employer closes its facility (1) because of an epidemic, (2) to prevent the spread of disease, or (3) for lack of work.
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Oregon Supreme Court Affirms That Employers Can Be Liable for Post-Employment Retaliation
Oregon employers should be aware of the Oregon Supreme Court’s recent decision in McLaughlin v. Wilson, 365 Or 535, __ P3d __ (2019). In McLaughlin, the court was asked to decide the scope of ORS 659A.030(1)(f), which makes it unlawful “[f]or any person to discharge, expel or otherwise discriminate against any other person
2016 Oregon Legislative Update: What You Might Have Missed
Oregon’s new minimum wage law, signed by Governor Brown on March 2, 2016, received a lot of press during the 2016 legislative session. This new law establishes a tiered system for determination of the minimum wage based on the location of the employer. The minimum wage will increase annually on July 1 of each year, with the first increase (from $9.25 to $9.50 in rural areas and to $9.75 everywhere else) taking place this year. By 2022, Oregon’s minimum wage will increase to $14.75 inside Portland’s urban growth boundary, $13.50 in midsize counties, and $12.50 in rural areas. The full text of the enrolled Senate bill is available here.
With minimum wage receiving all of the attention, Oregon employers may have missed other employment-related bills. Here are the bills that passed during the 2016 Oregon Legislative Session and those that failed (but we might see again in the future).
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Oregon Enacts State-Wide Paid Employee Sick Leave Which (Mostly) Replaces Local Ordinances in Portland and Eugene
Governor Kate Brown signed into law the new Oregon Paid Sick Leave (“OPSL”) law enacted by the Legislature on June 12. The new law becomes effective January 1, 2016. Oregon is the fourth state to enact a state-wide paid sick leave law after Massachusetts, Connecticut, and California. The text of the OPSL is available here.
The OPSL will look familiar to Oregon employers that have already been dealing with local PSL ordinances enacted in Portland and Eugene in recent years, which OPSL now preempts and replaces. OPSL largely tracks those local leave laws in substance, and generally requires employers to provide up to 40 hours of sick leave per year. Here is a detailed summary of its requirements, including where it differs from the Portland and Eugene ordinances.
Continue Reading Oregon Enacts State-Wide Paid Employee Sick Leave Which (Mostly) Replaces Local Ordinances in Portland and Eugene