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:
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
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 family and medical leave as well as emergency paid sick leave, among other provisions including changes to unemployment insurance and food and nutrition benefits.
Much of the final Act tracks the bill originally enacted in the House (discussed here), but there are some significant changes. Below we summarize the key important provisions of the Act as passed by Congress that relate to paid leave.
Continue Reading Congress Passes Legislation to Provide Paid Leave to Employees During COVID-19 Emergency
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 agencies and employers with fewer than 500 employees are covered by the Act, and can apply for tax credits each quarter to recoup payments made under the Act.
Please note that the Act has not gone into effect yet and is not final. The Senate must also pass the Act before it becomes effective, and the Senate is likely to make changes. Subject to those changes, below is a summary of the important items for employers to know about the Act in its current state.
Emergency Family and Medical Leave
Employees are eligible for up to 12 weeks of paid family and medical leave under the Act if they have worked for an employer for at least 30 days, and are absent from work for one of the following reasons:
Continue Reading House of Representatives Takes Steps to Provide Paid Leave to Employees Absent due to COVID-19; Senate Must Still Act
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,
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
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:
Continue Reading Department of Labor Proposes Rule to Make More Employees Eligible for Overtime
Oregon recently passed amendments to its statewide sick time law, clearing up several areas of uncertainty for employers. The amendments clarify that:
Continue Reading Oregon Amends Sick Leave Law: 5 Key Clarifications
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 services industries, passed the Senate last week and just passed the House. It has now been sent to Governor Kate Brown, who has indicated she will sign the bill following a routine legal review.
Continue Reading Breaking News: Oregon Legislature Passes Employee Scheduling Bill
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 mentioned in BOLI’s initial set of associated regulations. On the whole, there are few surprises, and most employers will not need to make any changes to their current practices if the draft rules go into effect as currently written.
Continue Reading BOLI Releases New Draft Oregon Sick Time Rules