Melissa Healy

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Melissa Healy, a litigation partner in the firm’s Labor & Employment group, focuses on providing advice in employment law matters, representing management in employment litigation, and providing traditional labor support to employers. She has been listed as a “Rising Star” for Employment & Labor by Oregon Super Lawyers since 2013.

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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

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

Out with the Old, in with the New: Employers Should Expect Changes Under a Biden Administration

By Melissa Healy and John Dudrey on Posted in COVID-19, employee handbooks, employer policies, Labor, micro-units, Obama Board, Trump Board, Updates, wage and hour
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 … Continue Reading

Oregon Employers Must Post Pregnancy Accommodation Notice and Distribute Notice to Existing Employees by June 29, 2020

By Caroline Sundbaum and Melissa Healy on Posted in BOLI, Oregon, Uncategorized, Updates
Effective January 1, 2020, Oregon law requires employers with six or more employees to make reasonable accommodations for known limitations related to pregnancy, childbirth, or a related medical condition, such as lactation, unless the accommodation would cause an undue hardship. An employer’s accommodation obligations extend beyond those already required by the federal Americans with Disabilities … Continue Reading

BOLI Releases Oregon Workplace Fairness Act Model Policy

By Melissa Healy and Laura Rosenbaum on Posted in BOLI, Oregon
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 and … Continue Reading

Ten Things to Consider In Getting Back to Work

By Ryan Kunkel, Melissa Healy, Karen O'Connor, Karin Jones, Brenda Baumgart and Caroline Sundbaum on Posted in Alaska, California, coronavirus, COVID-19, employer policies, Idaho, Minnesota, Oregon, Practical Tips, Utah, Washington
As restrictions are easing, employers are planning for and starting to bring people back to work.  In these extraordinary times, everyone recognizes that things will not be business as usual.  Here is our “Top 10” checklist of things to consider as we move toward the “new normal.” Reluctant Returners. Many employees are eager to return … Continue Reading

FFCRA Eligibility and Employee Leave Requests

By Melissa Healy and Caroline Sundbaum on Posted in COVID-19
We continue to stay up-to-speed on workplace issues related to COVID-19, including the new federal CARES Act and the Families First Coronavirus Response Act (“FFRCA”). In order to help employers navigate FFCRA, we’ve created this FFCRA flowchart and this FFCRA employee leave request form. Please note that our Employer FAQs, flowchart, and request form provide general guidance and are … Continue Reading

Department of Labor Issues Regulations and Updates Guidance for Families First Coronavirus Response Act

By Melissa Healy and John Dudrey on Posted in COVID-19, Updates
On April 1, 2020, the U.S. Department of Labor (“DOL”) issued regulations for the Families First Coronavirus Response Act (“FFCRA”), which went into effect the same day.  The regulations are available here. The majority of the content in the regulations is not new and simply repeats information that is also available in the DOL’s FAQs … Continue Reading

UPDATE: Congress Passes Coronavirus Aid, Relief, and Economic Security Act

By Caroline Sundbaum, Melissa Healy, Ryan Kunkel and Todd Hanchett on Posted in coronavirus, COVID-19, Updates
*a prior version of this post indicated the House vote was still pending. The House passed this legislation on March 27, 2020.  Like you, we are closely monitoring the rapid developments caused by the COVID-19 pandemic. The latest is Congress passing the Coronavirus Aid, Relief, and Economic Security Act (or “CARES” Act). We focus below … Continue Reading

U.S. Department of Labor Updates Guidance on Families First Coronavirus Relief Act

By Melissa Healy and Ryan Kunkel on Posted in coronavirus, COVID-19, Department of Labor, Updates
The U.S. Department of Labor (“DOL”) has updated its guidance on the Families First Coronavirus Relief Act (“FFCRA”), which was signed into law on March 18, 2020.  (A summary of the law is here.)  Regulations are coming in April.  In the meantime, the DOL’s current resources available are: A tip sheet for employees A tip … Continue Reading

Oregon Governor Announces “Stay Home” Order

By Caroline Sundbaum and Melissa Healy on Posted in COVID-19, Oregon
Oregon Governor Kate Brown issued Executive Order 20-12, “Stay Home, Save Lives” (the “Order”), on March 23, 2020 to respond to the ongoing COVID-19 public health emergency. The Order mandates closure, effective at 12:01 a.m. on March 24, 2020, of a list of businesses for which close personal contact is difficult or impossible to avoid, … Continue Reading

Congress Passes Legislation to Provide Paid Leave to Employees During COVID-19 Emergency

By Ryan Kunkel, Melissa Healy and Karen O'Connor on Posted in COVID-19, Updates
On March 18, 2020, the Senate passed the Families First Coronavirus Response Act, (the “Act”), which was passed by the House last week.  President Trump swiftly signed the legislation, which is effective in 15 days.  All public employers and private employers with under 500 employees are covered by the Act, which provides for emergency paid … Continue Reading

House of Representatives Takes Steps to Provide Paid Leave to Employees Absent due to COVID-19; Senate Must Still Act

By Ryan Kunkel, Melissa Healy and Karen O'Connor on Posted in COVID-19, Department of Labor, Updates
We are continuing to monitor developing issues facing employers due to the outbreak of COVID-19.  The latest is from Congress. On March 13, the US House of Representatives passed the Families First Coronavirus Response Act, (the “Act”) to  provide for emergency paid sick and family and medical leave for some employees around the country.  Public … Continue Reading

Pay Equity Update: Oregon Legislature Amends Equal Pay Law

By Melissa Healy and Caroline Sundbaum on Posted in Oregon, Updates, wage and hour
SB 123, just passed by the legislature and signed by Governor Brown, makes several amendments to Oregon’s pay equity law. Most notable are the revisions to the limited affirmative defense available to employers in litigation. The law previously provided employers a “safe harbor” from emotional distress and punitive damages if a lawsuit is filed, if … Continue Reading

NLRB Gives Employers Greater Discretion to Limit Union Activity on Their Premises

By Melissa Healy and Jim Shore on Posted in NLRB, Practical Tips, Trump Board, Updates
The National Labor Relations Board (the “Board”) recently issued a decision in UPMC Presbyterian Shadyside that reverses longstanding Board precedent and holds that employers no longer have to allow nonemployee union representatives access to public areas of their property unless (1) the union has no other means of communicating with employees or (2) the employer … Continue Reading

Department of Labor Proposes Rule to Make More Employees Eligible for Overtime

By Melissa Healy on Posted in Department of Labor, FLSA, Practical Tips, Updates, wage and hour
On March 22, the Department of Labor (“DOL”) published a new proposed rule that would make several changes to current overtime law.  The proposed rule, which is not yet in effect, would require that: Employees make at least $679 per week ($35,308 annually) to potentially be exempt from overtime. (The current requirement, which has been … Continue Reading

Oregon Amends Sick Leave Law: 5 Key Clarifications

By Melissa Healy and Karen O'Connor on Posted in Oregon, Uncategorized, Updates
Oregon recently passed amendments to its statewide sick time law, clearing up several areas of uncertainty for employers.  The amendments clarify that: Employers may cap employees’ annual accrual of sick leave at 40 hours. The pre-amendment version of the sick leave law stated that employees had the right to “earn and use up to 40 … Continue Reading

Breaking News: Oregon Legislature Passes Employee Scheduling Bill

By Melissa Healy and Brenda Baumgart on Posted in Labor, Oregon, wage and hour
Oregon is poised to become the first state to enact a “secure scheduling” or “fair work week” law that will impose significant new employee scheduling requirements on certain categories of large employers.  Senate Bill 828, which will set new scheduling standards for employers with 500 or more employees worldwide in the retail, hospitality, or food … Continue Reading

BOLI Releases New Draft Oregon Sick Time Rules

By Melissa Healy and Carolyn Walker on Posted in BOLI, Gov't Agencies, Oregon
The Oregon Bureau of Labor and Industries (“BOLI”) recently issued new draft rules interpreting and explaining Oregon’s sick time law.  The draft rules, which are currently open for public comment, are available here and summarized below. In some respects, the draft rules merely reiterate concepts that are already addressed in the statute itself but were not … Continue Reading

Court Rules That Telecommuting May Be a Reasonable Accommodation Under the ADA

By Melissa Healy on Posted in ADA, FMLA
The Sixth Circuit recently held in EEOC v. Ford Motor Co. that regular attendance may not mean physical presence in the workplace, and that telecommuting may be a reasonable accommodation for some employees with disabilities under the Americans with Disabilities Act ("ADA").  This case provides yet another cautionary tale for employers wrestling with complex ADA accommodation issues. Irritable Bowel Syndrome … Continue Reading

Eugene, Oregon Poised to Be Next City To Put Itself On Paid Employee Sick Leave Map

By Melissa Healy on Posted in Oregon
Not to be outdone by its neighbors to the north–Portland and Seattle–Eugene, Oregon appears poised to become the next jurisdiction to pass an ordinance requiring employers to provide employees working within city limits with paid sick leave. A coalition of pro-sick leave advocacy groups, including Portland-based Family Forward, first brought the topic before the council in February. A majority of council … Continue Reading

Part 2 of 2: Supreme Court Rules That “Supervisors” Under Title VII Must Have Power to Take Tangible Employment Actions

By Melissa Healy on Posted in Title VII
On Monday, we blogged about the first of two recent U.S. Supreme Court decisions interpreting Title VII of the Civil Rights Act of 1964 (“Title VII”), University of Texas Southwestern Medical Center v. Nassar.  Today, we’ll discuss the second decision, Vance v. Ball State University, which addressed who is a “supervisor” for vicarious liability purposes … Continue Reading

Portland City Council Approves Sick Leave Ordinance

By Melissa Healy on Posted in Oregon
We previously advised you that the Portland City Council was considering an ordinance that would require Portland employers to provide sick leave to employees. The Council voted unanimously to approve the ordinance on Wednesday, meaning that Portland will now join a handful of jurisdictions (including Connecticut, San Francisco, Seattle, and Washington, D.C.) that require employers to … Continue Reading
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