World of Employment

The Stoel Rives Labor & Employment Law Blog

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Oregon OSHA Announces Plans to Sunset Portions of Its COVID-19 Safety Rules Once Vaccination Target Is Reached

By John Dudrey, Ryan Kunkel & Karen O'Connor

June 10, 2021

Late last week, Governor Kate Brown announced that the State of Oregon would largely remove its mask and social-distancing requirements once 70 percent of adult Oregonians have received at least one dose of a COVID-19 vaccine. Following that announcement, the Oregon Occupational Health and Safety Administration (“OR-OSHA”) published its plans to repeal at least some aspects of its COVID-19 workplace safety rules once the 70 percent target is reached. The biggest takeaway for employers is…

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Headline: EEOC Releases Updated COVID-19 Vaccine Guidance

By John Dudrey, Melissa Healy & Karen O'Connor

June 1, 2021

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 from requiring all employees physically entering the workplace to be vaccinated for COVID-1,” subject to the reasonable accommodation obligations that…

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Oregon Legislature Further Limits Employee Non-Competition Agreements, Including Imposing a 12-Month Limit on Duration

By Todd Hanchett, Laura Rosenbaum & Caroline Sundbaum

May 28, 2021

Over the last several years, the Oregon Legislature has whittled away employers’ ability to enforce employee non-competition agreements (see our posts from 2007, 2015). Senate Bill 169, which Governor Brown signed into law on May 21, 2021, further limits an employer’s ability to impose non-competition obligations on employees. Effective starting January 1, 2022, the statute will require: A maximum 12-month duration for agreements entered on or after January 1, 2022. Current Oregon…

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No Mask, No Problem – Washington Department of Labor & Industries Issues New Guidance for Fully Vaccinated Workers

By Karin Jones & Mark Morgan

May 25, 2021

On May 21, 2021, the Washington Department of Labor & Industries (“L&I”) published new guidance regarding fully vaccinated workers. The new guidance will help employers adjust masking policies to meet the new Centers for Disease Control and Prevention (“CDC”) guidelines adopted by Governor Jay Inslee. Under the new guidance, most Washington employers need not require masks or social distancing for fully vaccinated employees. However, employers must confirm workers are fully vaccinated before ending mask and…

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Oregon Agencies Release New COVID-19 Guidance for Fully Vaccinated Individuals

By Karen O'Connor, John Dudrey & Laura Rosenbaum

May 19, 2021

On May 18, 2021, the Oregon Health Authority (“OHA”) published new COVID-19 guidance: “Interim Guidance for Fully Vaccinated Individuals” and “Statewide Reopening Guidance – Masks, Face Coverings, Face Shields.” Today, the Oregon Occupational Safety and Health Administration (“OR-OSHA”) issued guidance for the workplace. The new guidance from the agencies follows the Centers for Disease Control and Prevention’s (“CDC”) announcement last week that fully vaccinated individuals generally do not need to…

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CDC Issues New Mask and Social Distancing Guidance for Fully Vaccinated Individuals

By John Dudrey & Adam Belzberg

May 13, 2021

Hot off the proverbial presses: The Centers for Disease Control and Prevention (“CDC”) announced today that fully vaccinated individuals can resume normal life activities without wearing masks or socially distancing. The CDC’s guidance is available here. Although it is certainly good news, the CDC’s guidance comes with several cautionary notes: An individual is only “fully vaccinated” when two weeks have passed from either their second vaccine dose (if they received the Pfizer or Moderna…

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Minimum Wage Increase and Updated Workplace Posters

By John Dudrey, Karen O'Connor & Ryan Kunkel

May 10, 2021

It’s that time of year to prepare for minimum wage increases and update workplace posters. Beginning July 1, minimum wage rates throughout Oregon increase, to $14.00 for Portland Metro, $12.00 for Nonurban Counties, and $12.75 as Standard. (See here for descriptions of the areas in each category.) BOLI’s 2021-2022 Commonly Required Postings in Oregon Poster, including the poster for Agricultural Workers, which include the new rates, are available here. Don’t forget that Oregon OSHA…

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U.S. Department of Labor Repeals Trump-Era Rule Favoring Independent Contractor Status, as Expected

By Adam Belzberg, John Dudrey, Chris Wall & Ryan Kunkel

May 7, 2021

As expected, the U.S. Department of Labor (DOL) has repealed the Trump-era rule regarding classification of independent contractors. As we discussed here, the Trump-era rule codified the “economic realities test” for use when analyzing whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). Labor advocates criticized the rule as favoring classification of workers as independent contractors as opposed to employees; only employees are protected by most…

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Final OR OSHA Infectious Disease Rule Is Now Effective

By John Dudrey & Lou Ferreira

May 7, 2021

Effective May 4, 2021, the Oregon Occupational Safety and Health Administration (“OR OSHA”) published its final rule requiring Oregon employers to continue to implement safety measures to protect against the spread of COVID-19. The final rule is available on OR OSHA’s website. Here is a summary of the permanent rule’s key provisions: No Sunset Date for Final Rule. There is no date on which the final rule will automatically sunset. Rather, OR OSHA simply states…

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Changes to Washington’s Requirements Regarding Accommodation of Employees at High Risk of Contracting COVID-19

By Karin Jones & Jim Shore

May 3, 2021

For the past year, Washington employers have been required to accommodate those employees characterized by the CDC as being at high risk of severe illness or death from COVID-19. Required accommodations can include allowing those employees to take extended leaves of absence if alternative work assignments, telework, remote work locations, or social distancing measures are not possible. See here for our previous discussion of the details of Governor Inslee’s “High-Risk Employees – Workers’ Rights” Proclamation.…

World of Employment

The Stoel Rives Labor & Employment Law Blog

Oregon OSHA Announces Plans to Sunset Portions of Its COVID-19 Safety Rules Once Vaccination Target Is Reached

Headline: EEOC Releases Updated COVID-19 Vaccine Guidance

Oregon Legislature Further Limits Employee Non-Competition Agreements, Including Imposing a 12-Month Limit on Duration

No Mask, No Problem – Washington Department of Labor & Industries Issues New Guidance for Fully Vaccinated Workers

Oregon Agencies Release New COVID-19 Guidance for Fully Vaccinated Individuals

CDC Issues New Mask and Social Distancing Guidance for Fully Vaccinated Individuals

Minimum Wage Increase and Updated Workplace Posters

U.S. Department of Labor Repeals Trump-Era Rule Favoring Independent Contractor Status, as Expected

Final OR OSHA Infectious Disease Rule Is Now Effective

Changes to Washington’s Requirements Regarding Accommodation of Employees at High Risk of Contracting COVID-19

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