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World of Employment

The Stoel Rives Labor & Employment Law Blog

Topics

ADA

Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADAEEOC Publishes Guidance Regarding COVID-19 VaccinesEEOC Guidance: Employers Cannot Test Employees for COVID-19 Antibodies

ADEA

EEOC's Tough Stance on Employee Separation AgreementsEEOC Issues Final Regulations for RFOA Defense Under ADEASenators Propose Amendments To ADEA

Alaska

Federal Court Allows OSHA Vaccine-Or-Test Rule To Move ForwardCloth Face Coverings Are Now Required in AnchorageAlaska Reopens for Business

Arizona

Breaking News: DOL Salary Rule Blocked By Federal JudgeNinth Circuit Refuses to Entertain En Banc Review of its Decision Rejecting Tip-Pooling ArrangementsClass Action Waivers in Employment Agreements Are No Longer Enforceable in the Ninth Circuit

Articles

Modern Workforce Increasingly Challenges Employers to Offer Telework OptionCalifornia Court of Appeal Puts a Small Crack in the Glass DoorOregon Legislature to Employers: Stay Out of Employees’ Personal Social Media Accounts!

Biden Board

NLRB GC Asks Board To Revisit Standard For Analyzing Employee Handbooks

BOLI

Spring Cleaning for your Oregon Leave Law PoliciesBOLI Permanently Expands OFLA for Eligible Working Parents Impacted by COVID-19Oregon Employers Must Post Pregnancy Accommodation Notice and Distribute Notice to Existing Employees by June 29, 2020

California

Driving the Narrative: California Supreme Court’s Adolph v. Uber Technologies Decision Shifts Gears, Challenging U.S. Supreme Court’s Viking River Cruises v. Moriana HoldingAB 2188 Leaves California Employers' Policies on Marijuana Use up in SmokeDeadline for California Employers to Comply with the California Privacy Rights Act

Cases

Driving the Narrative: California Supreme Court’s Adolph v. Uber Technologies Decision Shifts Gears, Challenging U.S. Supreme Court’s Viking River Cruises v. Moriana HoldingNLRB GC Asks Board To Revisit Standard For Analyzing Employee HandbooksCalifornia Supreme Court Provides Clarity on Which Standard to Use for Retaliation Cases

Colorado

Breaking News: DOL Salary Rule Blocked By Federal JudgeColorado Supreme Court Upholds Firing of Medical Marijuana User

COVID-19

Oregon Health Authority Suspends COVID-19 Vaccine Mandate for Health Care WorkersOregon Pay Equity Update: The Status of Hiring BonusesSpring Cleaning for your Oregon Leave Law Policies

Department of Labor

U.S. Department of Labor Repeals Trump-Era Rule Favoring Independent Contractor Status, as ExpectedDOL Announces Plans To Rescind FLSA Joint Employment Rule, Withdraw FLSA Independent Contractor RuleDOL Delays Roll-Out of New Independent Contractor Rule

Drug Testing

AB 2188 Leaves California Employers' Policies on Marijuana Use up in SmokeOregon Legislature's Attempt to Protect Pot Users Poses Challenges to Employers

EEOC

Employment Law in an ESG World: The Activision Blizzard StoryNinth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADAEUA Status Does Not Prohibit Employers from Requiring the COVID Vaccine; Seven Factors for Employers to Consider When Considering a Mandatory Vaccination Policy

Employee Handbooks

Spring Cleaning for your Oregon Leave Law PoliciesOut with the Old, in with the New: Employers Should Expect Changes Under a Biden AdministrationOregon’s Workplace Fairness Act Means Major Changes for Oregon Employers

Employer Policies

Employment Law in an ESG World: The Activision Blizzard StoryDriving the Narrative: California Supreme Court’s Adolph v. Uber Technologies Decision Shifts Gears, Challenging U.S. Supreme Court’s Viking River Cruises v. Moriana HoldingAB 2188 Leaves California Employers' Policies on Marijuana Use up in Smoke

FLSA

U.S. Department of Labor Repeals Trump-Era Rule Favoring Independent Contractor Status, as ExpectedDOL Announces Plans To Rescind FLSA Joint Employment Rule, Withdraw FLSA Independent Contractor RuleNinth Circuit Rules That Per Diem Payments Must Be Included in Regular Rate Under the FLSA

FMLA

Employees May Now Bring Direct Claims Against Employers for Alleged Violations of the WA Paid Family and Medical Leave ActWashington's New Leave Laws and the COVID-19 OutbreakBenefits Kick in for Washington Employees Under the New Paid Family and Medical Leave Act

Gov't Agencies

Employment Law in an ESG World: The Activision Blizzard StoryNLRB Returns to Longstanding Position Limiting Use of Confidentiality, Non-Disclosure, and Non-Disparagement Clauses in Employee Severance AgreementsHeat and Smoke: New Rules for Oregon Employers

Idaho

$1.65 Million “Advisory” Jury Award in Idaho Employment CaseNinth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADADo Employees Still Have to Wear a Mask?

Immigration

Resources for Protecting Your Company During an ICE RaidCalifornia Federal Court Suspends Enforcement of Certain Provisions in California’s Sanctuary LawsCalifornia Responds to Increased Federal Immigration Enforcement Actions

Labor

NLRB GC Asks Board To Revisit Standard For Analyzing Employee HandbooksU.S. Department of Labor Repeals Trump-Era Rule Favoring Independent Contractor Status, as ExpectedU.S. House of Representatives Passes Union “Wish List” Bill

Legal

Major Changes in Hospital Staffing Laws: Oregon and Washington Take Different PathsOregon Health Authority Suspends COVID-19 Vaccine Mandate for Health Care WorkersCalifornia Assembly Bill 51 Is Back!

Minnesota

Minnesota Will Become the Fourth State to Ban All Noncompete AgreementsCOVID-19 Vaccine and Mask Mandates - Comparison of Select StatesTen Things to Consider In Getting Back to Work

News

AB 2188 Leaves California Employers' Policies on Marijuana Use up in SmokeOregon Paid Leave—Now Is the Time to Think About Equivalent PlansOregon Supreme Court Enforces Employment Arbitration Agreement

NLRB

NLRB Returns to Longstanding Position Limiting Use of Confidentiality, Non-Disclosure, and Non-Disparagement Clauses in Employee Severance AgreementsNLRB GC Asks Board To Revisit Standard For Analyzing Employee HandbooksNLRB Postpones All Representation Elections Until At Least April 3

Obama Board

Out with the Old, in with the New: Employers Should Expect Changes Under a Biden AdministrationA Return to Common Sense in Federal Labor LawSignificant Victory for Employers: Supreme Court Upholds Class Action Waivers in Arbitration Agreements

Oregon

Major Changes in Hospital Staffing Laws: Oregon and Washington Take Different PathsPaid Leave Oregon and OFLA Update: Senate Bill 999 Will Require Use of a "Rolling Forward" Leave Year, Align the Definition of "Family Member," and Alleviate "Leave Stacking" ConcernsOregon Health Authority Suspends COVID-19 Vaccine Mandate for Health Care Workers

OSHA

Heat and Smoke: New Rules for Oregon EmployersSupreme Court Blocks OSHA’s Vaccine-or-Test Mandate but Allows CMS Vaccination Mandate for Most Health Care WorkersFederal Court Allows OSHA Vaccine-Or-Test Rule To Move Forward

PDA

Supreme Court Sends UPS Pregnancy Accommodation Case to Trial

Practical Tips

Ninth Circuit Rules That Per Diem Payments Must Be Included in Regular Rate Under the FLSAHandling Political Activity and Expression in the WorkplaceWashington's Safe Start Proclamation for Phased Reopening Includes a Mandate That Employees Wear Cloth Face Coverings

States

Major Changes in Hospital Staffing Laws: Oregon and Washington Take Different Paths$1.65 Million “Advisory” Jury Award in Idaho Employment CaseDriving the Narrative: California Supreme Court’s Adolph v. Uber Technologies Decision Shifts Gears, Challenging U.S. Supreme Court’s Viking River Cruises v. Moriana Holding

Statutes

Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADAU.S. Department of Labor Repeals Trump-Era Rule Favoring Independent Contractor Status, as ExpectedDOL Announces Plans To Rescind FLSA Joint Employment Rule, Withdraw FLSA Independent Contractor Rule

Supreme Court

Driving the Narrative: California Supreme Court’s Adolph v. Uber Technologies Decision Shifts Gears, Challenging U.S. Supreme Court’s Viking River Cruises v. Moriana HoldingSupreme Court Rules That Title VII Protects LGBT EmployeesU.S. Supreme Court Hears Argument on LGBTQ Rights

Title VII

Supreme Court Rules That Title VII Protects LGBT EmployeesU.S. Supreme Court Hears Argument on LGBTQ RightsLandmark Seventh Circuit Decision Interprets Title VII Protections To Prohibit Sexual Orientation Discrimination

Trump Board

NLRB GC Asks Board To Revisit Standard For Analyzing Employee HandbooksOut with the Old, in with the New: Employers Should Expect Changes Under a Biden AdministrationNLRB Postpones All Representation Elections Until At Least April 3

Uncategorized

Final OR OSHA Infectious Disease Rule Is Now EffectiveOregon Employers Must Post Pregnancy Accommodation Notice and Distribute Notice to Existing Employees by June 29, 2020Supreme Court Rules That Title VII Protects LGBT Employees

Updates

NLRB Returns to Longstanding Position Limiting Use of Confidentiality, Non-Disclosure, and Non-Disparagement Clauses in Employee Severance AgreementsOregon Health Authority Suspends COVID-19 Vaccine Mandate for Health Care WorkersOregon Paid Leave—Upcoming Deadlines

Utah

COVID-19 Vaccine and Mask Mandates - Comparison of Select StatesFederal Court Allows OSHA Vaccine-Or-Test Rule To Move ForwardUtah Bill Challenges Federal Vaccine Mandate for Large Employers

wage and hour

Paid Leave Oregon and OFLA Update: Senate Bill 999 Will Require Use of a "Rolling Forward" Leave Year, Align the Definition of "Family Member," and Alleviate "Leave Stacking" ConcernsOregon Supreme Court Rules That Oregon Law Follows Federal Definition of “Work Time.”Oregon Pay Equity Update: The Status of Hiring Bonuses

WARN

Ninth Circuit Clarifies Meaning of "Voluntary Departure" Under WARN ActFOREWARN Act Introduced - Changes to WARN Act in 2009?Changes Coming to the WARN Act?

Washington

Major Changes in Hospital Staffing Laws: Oregon and Washington Take Different PathsNinth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADACOVID-19 Vaccine and Mask Mandates - Comparison of Select States

workplace injury

Oregon OSHA Proposes Final, Permanent COVID-19 Safety Rules for Oregon EmployersNew Drug Testing Rules in Oregon Follow OSHA
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