On June 23, 2021, in Charlton v. Ed Staub and Sons Petroleum, Inc. and Quicksilver Contracting Company, the Oregon Court of Appeals reversed the dismissal of the plaintiff’s “aiding and abetting” discrimination and retaliation claim. Applying the Oregon Court of Appeals’ recent decision, Hernandez v. Catholic Health Initiatives, the
Articles Discussing General Topics In Oregon Labor & Employment Law.
Oregon OSHA Enacts Emergency Rules to Protect Workers From Extreme Heat
On July 8, 2021, the Oregon Occupational Safety and Health Division (Oregon OSHA) adopted temporary rules to bolster worker protections from the hazards of high and extreme heat, including requirements to provide shade, drinking water, cool-down breaks, an effective emergency medical plan, and training to all employees. Oregon OSHA adopted
Employment Highlights from Oregon’s Active 2021 Legislative Session
June 2021 culminated in the elimination of COVID-19 restrictions in Oregon and significant changes to the state’s employment laws during the 2021 legislative session. On June 25, 2021, Governor Kate Brown issued Executive Order 21-15 rescinding all remaining COVID-19 restrictions, allowing businesses to operate without a mask mandate or
Oregon OSHA Issues Temporary Heat Standard
On July 8, 2021, Oregon’s Occupational Safety and Health Administration (Oregon OSHA) adopted emergency Heat Illness Prevention rules to establish workplace heat safety requirements that apply when temperatures in a work area reach or exceed 80 degrees Fahrenheit. The rules are effective immediately.
Oregon Temporarily Allows Vaccine Incentives and Hiring Bonuses
The Oregon legislature has temporarily amended Oregon’s Equal Pay Act to allow employers latitude to both encourage COVID-19 vaccinations and to attract new employees as the state emerges from COVID-19 business restrictions. Under the revised statute, when evaluating whether employees who perform work of comparable character are paid equitably, a comparison
Oregon Lifts Most Statewide Mask, Distancing, and Capacity Restrictions: What Employers Need to Know
Effective June 30, 2021, Oregon Governor Kate Brown, the Oregon Health Authority (OHA), and the Oregon Occupational Safety and Health Division (Oregon OSHA) lifted most statewide mask and physical distancing restrictions related to COVID-19, with limited exceptions. Mask requirements remain in place in some specialized settings, including healthcare, emergency medical
Oregon Governor Brown Announces End of COVID-19 Restrictions
On June 25, 2021, Oregon Governor Kate Brown signed Executive Order No. 21-15 (the “Recovery Order”), lifting the vast majority of Oregon’s COVID-19 restrictions as of Wednesday, June 30, 2021. The Recovery Order eliminates the statewide mask mandate, as well as requirements for physical distancing indoors, capacity limits, and vaccine verification.
Oregon Enhances Whistleblower Protections for Workplace Safety Complaints
On June 15, 2021, Governor Kate Brown signed into law Senate Bill (SB) 483, which amends the Oregon Safe Employment Act to increase whistleblower protections for workplace safety complaints.
Oregon Enacts Employment Protections for Hairstyles and Other Physical Characteristics Historically Associated With Race
On June 11, 2021, Oregon Governor Kate Brown signed into law House Bill 2935, also known as the CROWN Act (Creating a Respectful and Open World for Natural Hair), joining several other states in explicitly prohibiting employers and public schools from discriminating against individuals based on physical characteristics historically associated
Oregon Updates and Expands the Oregon Family Leave Act
On June 8, 2021, Governor Kate Brown signed into law House Bill (HB) 2474, amending the Oregon Family Leave Act (OFLA) to update and expand the law’s eligibility and leave provisions. The amendments give eligibility to take leave to employees reemployed after a separation or returning after a temporary work
Oregon Enacts New Modifications to Noncompete Law for 2021
On May 21, 2021, Oregon Governor Kate Brown signed Senate Bill (SB) 169, making substantial changes to the statute that limits noncompetition agreements with Oregon employees, Oregon Revised Statutes (ORS) 653.295. The changes apply to any employee noncompetition agreement entered into on or after the effective date of the act.
Oregon Amends Restrictive Covenant Statute to Further Limit Employers’ Use
Oregon law on permitted covenants not to compete has been amended to void nonconforming agreements and limit such agreements to employees making at least $100,533, among other changes.
Oregon Health Authority Issues New Vaccine Guidance—‘Interim Guidance for Fully Vaccinated Individuals’
On May 18, 2021, the Oregon Health Authority (OHA) issued a new guidance titled, “Interim Guidance for Fully Vaccinated Individuals,” adjusting the applicability and enforcement of current state guidance for fully vaccinated individuals. Here are the key provisions of the new interim guidance.
Oregon Supreme Court Limits Employers’ Tools for Avoiding Excessive Attorney Fees for Minor Pay Violations
On December 31, 2020, the Oregon Supreme Court reversed the Oregon Court of Appeals’ decision in Mathis v. St. Helens Auto Center, Inc.
Oregon OSHA Finalizes Temporary COVID-19 Rule for All Workplaces
On November 6, 2020, the Oregon Occupational Safety and Health Administration (Oregon OSHA), the state plan responsible for overseeing workplace safety and health in the state of Oregon, released its final COVID-19 temporary rule. The temporary rule is effective November 16, 2020, through May 4, 2021, unless revised or repealed
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