In the wake of an onslaught of employee complaints about social distancing in the workplace, the Oregon Occupational Health and Safety Administration (“OR-OSHA”) announced that it would begin workplace inspections in order to enforce the social distancing requirements imposed by Governor Brown’s March 23 Executive Order.  Our blog post describing the Executive Order is here, a link to a media article about OR-OSHA’s announcement is here, and a link to OR-OSHA resources regarding workplace safety during the COVID 19 pandemic is here.

Here are some general guidelines to keep in mind if OR-OSHA conducts an inspection at your workplace:

  • OR-OSHA has the legal authority to inspect workplaces for compliance with safety standards, with or without notice. This includes the right to enter the workplace “during working hours or at other reasonable times, within reasonable limits, and in a reasonable manner.”  What is “reasonable” will depend on the circumstances, but in general it means that investigators may access your facility during regular business hours and may inspect portions of the facility as much as necessary to determine whether sound safety practices are being followed.
  • The OR-OSHA investigator will generally begin the inspection by holding a short conference with the employer’s representative. This is why it is important now to plan ahead and designate your representative(s), who may or may not be the same individual(s) who are enforcing social distancing compliance with Governor Brown’s Executive Order, and prepare them for how to cooperate with OR-OSHA.  During the conference the investigator will present his/her credentials and explain the purpose and scope of the visit, request any records he/she intends to review, determine whether any personal protective equipment is necessary while touring the facility, and inform the employer of OR-OSHA’s right to speak to employees and take photographs or conduct sampling.
  • The employer is entitled to have a representative accompany the investigator during the inspection. Inspectors have the right to question employees confidentially without management representatives present.
  • At the conclusion of the inspection, the investigator will conduct a closing conference to discuss his/her findings and advise the employer of any violations and safety hazards that have been identified. The investigator will also discuss OR-OSHA’s remediation and enforcement plan, including items like timelines for correcting any hazards, possible penalties, and the employer’s appeal rights.

Continue Reading OR-OSHA Announces Workplace Social Distancing Investigations

*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 on the employment-related provisions of the Act, but encourage you to continue checking our COVID-19 Resource Hub for additional updates on other aspects of the Act.

Direct Payments to Individuals 

Under the Act, direct payments of $1,200 will be made to single individuals who earn $75,000 or less in adjusted gross income, and $2,400 to married couples who earn $150,000 or less in adjusted gross income, according to their 2018 tax returns or 2019 tax return if already filed.  There will be an additional $500 payment per child.  These payments scale down as income increases, phasing out entirely for individuals earning $99,000 and joint filers without children earning $198,000.

Increased Unemployment Benefits 

The Act also provides assistance to states to administer and expand unemployment benefits. 
Continue Reading UPDATE: Congress Passes Coronavirus Aid, Relief, and Economic Security Act

At the direction of Governor Brad Little, the Director of the Idaho Department of Health and Welfare has issued an Order to Self-Isolate for the State of Idaho that became effective on March 25, 2020.  The Order is intended to respond to the ongoing COVID-19 public health emergency by ensuring the maximum number of people…

The Families First Coronavirus Response Act (“FFCRA”) requires private companies with fewer than 500 employees, along with most public employers regardless of size, to post a notice summarizing the benefits available under the new law and directs the Department of Labor to prepare and publish a model notice. The Department issued its model notice yesterday.…

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:

  1. A tip sheet for employees
  2. A

…

On March 19, 2020, California Governor Gavin Newsom issued an Executive Order ordering all California residents to stay at home due to the current public health crisis caused by COVID-19.  This Order exempts from its scope employees working in the following federally identified critical infrastructure sectors:

  • Communications
  • Chemical
  • Critical Manufacturing
  • Commercial Facilities
  • Dams
  • Defense Industrial

…

The National Labor Relations Board (“NLRB”) announced yesterday that all currently scheduled representation elections – including vote-by-mail elections—have been postponed until at least April 3, 2020 because of the ongoing COVID-19 crisis.  Here is what the NLRB had to say:

Due to the extraordinary circumstances related to the COVID-19 pandemic, the National Labor Relations Board today approved the suspension of all representation elections, including mail ballot elections, for the next two weeks effective immediately, through and including April 3, 2020. 
Continue Reading NLRB Postpones All Representation Elections Until At Least April 3

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.
Continue Reading Changes to Oregon Unemployment Insurance and Oregon Family Leave Act in Light of COVID-19

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