Last year, the Oregon legislature temporarily amended Oregon’s Equal Pay Act to exempt vaccine incentives and hiring and retention bonuses from pay equity considerations, as reported here. The temporary amendments were scheduled to expire March 1, 2022. More recently, the legislature extended the expiration date for the amendments. SB 1514
Articles About Oregon Labor And Employment Law.
Oregon Governor Signs Bill on Incentives, Bonuses, and Equal Pay Act Requirements
Oregon employers may want to be aware that on March 7, 2022, Governor Kate Brown signed into law amendments to the state’s Equal Pay Act detailed in Senate Bill (SB) 1514. As a result, Oregon employers may offer vaccine incentives, hiring bonuses, and retention bonuses until 180 days after the
Oregon Legislation Addresses Workers’ Compensation and Overtime Issues for Agricultural and Manufacturing Employees
The primary employment-related bills passed in Oregon’s 2022 legislative session relate to pay equity and the Workplace Fairness Act. Oregon employers in particular sectors may also want to be aware of recently passed and pending legislation that addresses overtime eligibility for agricultural workers, notice of mandatory overtime shifts for manufacturing
Oregon Amends Workplace Fairness Act to Limit Confidentiality in Settlement of Discrimination and Harassment Claims
In 2019, Oregon Governor Kate Brown signed the Workplace Fairness Act (OWFA), which took full effect as of October 1, 2020. Among other things, the law prohibits employers from requiring employees to enter into agreements that would prevent them from disclosing conduct constituting discrimination and harassment (including sexual assault) prohibited
Oregon Legislature Passes Equal Pay Act Amendments Extending Temporary Exclusion of Certain Incentive Payments
The Oregon Legislative Assembly recently passed Senate Bill (SB) 1514, extending the expiration date of temporary amendments to Oregon’s Equal Pay Act. The act prohibits employers from “discriminat[ing] between employees on the basis of a protected class in the payment of wages or other compensation for work of a comparable
Oregon Health Authority Adopts COVID-19 Vaccination and Masking Rules in Healthcare and K-12 Education
On January 31, 2022, the Oregon Health Authority (OHA) published permanent rules relating to COVID-19 vaccination and masking requirements in healthcare settings, just a few days after issuing similar rules for K-12 schools. The permanent rules replaced temporary rules that expire after 180 days.
Oregon OSHA Announces Stance on Federal Vaccine-or-Test Standard
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
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.