On January 13, 2022, the Oregon Occupational Safety and Health Division (Oregon OSHA) announced that because the Supreme Court of the United States has stayed the federal Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), it “will not move forward with adopting the same
Articles Discussing General Topics In Oregon Labor & Employment Law.
Oregon OSHA Announces Schedule for Implementing COVID-19 Vaccine or Test Standard
Oregon operates a state plan that the U.S. Occupational Safety and Health Administration (OSHA) has approved that applies to both public and private employers. Accordingly, Oregon employers are subject to the state OSHA’s standards rather than the federal OSHA standards. Oregon OSHA may adopt an emergency temporary standard (ETS) related
Oregon Employment Law Changes in 2022: New Year, New Laws
Changes to Oregon employment laws taking effect next year will be keeping human resources professionals very busy this holiday season and into the new year in the Pacific Northwest.
Oregon OSHA Anticipates Delay in Adopting COVID-19 Vaccine or Test Standard
When the U.S. Occupational Safety and Health Administration (OSHA) issued a new emergency temporary standard (ETS) on November 4, 2021, Oregon OSHA had only 30 days to adopt its own standards, until December 4, 2021. However, in light of a federal court order staying the federal ETS, Oregon OSHA recently
Court Denies Request to Enjoin Oregon Vaccination Requirements for Healthcare, School, Other Workers
The plaintiffs were not likely to succeed in showing their individual interests in remaining unvaccinated outweighed Oregon’s interest in public health and welfare to slow the spread of COVID-19, U.S. District Court Judge Michael Simon concluded in denying a request for a temporary restraining order (TRO) to block orders to vaccinate as a condition of employment. Johnson et al. v. Brown et al., No. 3:21-cv-1494-SI (D. Or. Oct. 18, 2021).
Oregon Safe Employment Act Amended to Create Presumption of Retaliation Under Certain Circumstances
An amendment to the Oregon Safe Employment Act signed by Governor Kate Brown creates a “rebuttable presumption” of discrimination or retaliation if an employer takes an adverse action against any employee or prospective employee who engaged in certain protected activities within 60 days.
Oregon Federal Court Joins Other Jurisdictions in Denying Challenge to Government-Issued Vaccine Mandate
On October 18, 2021, in a 55-page opinion, an Oregon federal district court denied a request for a temporary restraining order (TRO) to prevent the Oregon Health Authority’s (OHA) recent orders requiring that educational and health workers and certain state executives obtain the COVID-19 vaccine (“Vaccine Orders”) from taking
Oregon Employee Leave Entitlements for Absences Due to Child’s COVID-19–Related Illness, School Closures, and Quarantine Orders
Under Oregon Governor Kate Brown’s Executive Order 21-15, the state of public health emergency due to COVID-19 will continue in Oregon until December 31, 2021, unless the governor extends the deadline or terminates the state of emergency before the end of the year. Now that school is back in session
Oregon Changes Temporary Rule Requiring Healthcare Worker Vaccinations
On August 5, 2021, the Oregon Health Authority (OHA) adopted a temporary rule on an emergency basis requiring healthcare providers and healthcare staff who work in healthcare settings to either be vaccinated against COVID-19 or face periodic COVID-19 testing by September 30, 2021.
Oregon Issues New Rule Requiring Vaccinations of Healthcare Workers by Mid-October
Following on the heels of an executive order by Oregon’s governor requiring full vaccination for teachers, staff and volunteers in K12 schools, the Oregon Health Authority yesterday issued a new rule requiring that healthcare providers and healthcare staff be vaccinated against COVID-19 as of October 18, 2021.
Oregon Reinstates Mask Mandate
Effective August 13, 2021, Oregon Governor Kate Brown will implement a statewide mask mandate for all children and adults ages 5 and older in all indoor public spaces regardless of vaccination status. This order will remain in effect for the foreseeable future. The existing requirement that all Oregonians ages
Oregon Enacts Temporary Rule Requiring Healthcare Worker Vaccinations or COVID-19 Testing
In recent weeks, Oregon has seen a sharp rise in the number of COVID-19 cases and hospitalizations due to the more contagious Delta variant of the coronavirus, which threatens to overwhelm local hospitals. On August 5, 2021, the Oregon Health Authority (OHA) adopted a temporary rule on an emergency basis
Oregon Announces Coming Rule for Weekly Tests of Unvaccinated Healthcare Workers
On August 4, 2021, Oregon Governor Kate Brown announced that the Oregon Health Authority (OHA) will create a rule requiring healthcare workers to submit to weekly COVID-19 testing if they are not vaccinated. Based on the governor’s announcement, OHA’s rule will require healthcare workers to show they have been
Oregon Issues Temporary Rule Expanding the Scope of its Paid Sick Leave Law During a Public Health Emergency
On July 22, 2021, the Oregon Bureau of Labor and Industries (BOLI) issued a temporary rule that expands the reasons employees can use leave under Oregon’s paid sick and safe leave law during a public health emergency. Under the rule, effective immediately and through January 17, 2022, eligible employees
Opening Pandora’s Box: Oregon Court of Appeals Holds That “Any Person” Can Be Held Liable Under Oregon’s Aiding and Abetting Statute
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
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