Author: Jamie Carlton

August 27, 2021
by Jamie Carlton

Is Your Organization Considering Mandating the COVID Vaccine for Employees? What You Need to Know.

Earlier this month, The Department of Veterans Affairs announced it will soon mandate that all health care providers and personnel be fully vaccinated against COVID-19. Similarly, on August 19, Governor Kate Brown declared that all Oregon health care workers and teachers will need to be fully vaccinated by October 18 or…

May 7, 2021
by Jamie Carlton

COVID Reopening: Can (and should) Oregon Employers Require Employees to be Vaccinated?

As businesses reopen and bring back employees who have been working remotely, many employers are wondering how to manage worksite safety in the pandemic era. One looming question is whether employers can (or should) mandate COVID vaccinations for employees. While employers are not required to mandate the COVID vaccination for…

December 27, 2020
by Jamie Carlton

FFCRA Leave not Extended under New Stimulus Bill

Earlier this year, Congress passed the Families First Coronavirus Response Act (FFCRA) which required covered employers to provide eligible employees with paid leave for specific COVID-19 related reasons.  The FFCRA allows up to 80 hours of paid leave with an additional 10 weeks under certain circumstances. Beginning April 1, 2020,…

February 28, 2014
by Jamie Carlton

Join me at the ADA FMLA Employer Work Group March 6th

Kaiser Permanente and DMEC are partnering up and sponsoring an employer work group in response to continuing questions regarding ADA and family leave.  This will be an opportunity for employers to bring questions about any aspect of the ADA and family leave process, challenging case studies, or examples of best…

November 4, 2013
by Jamie Carlton

Join me for a ADA FMLA Employer Work Group hosted by Kaiser

Mike Moses of Kaiser and I will be moderating an ADA/FMLA roundtable event to answer some of your questions.  This is a roundtable forum, which allows employers to pose questions and get feedback in an informal environment.  We will tackle real world situations presented by local employers.  If you have…

August 8, 2013
by Jamie Carlton

ARU threatens to overturn Oregon closures where job analysis not sent to claimant

To determine the extent of disability for the purposes of claim closure, OAR 436-030-0020 requires insurers mail of an accurate job description to claimants prior to closure.  The provision applies if the worker has not been released to regular work or has not returned to the job at injury.  Job…

July 3, 2013
by Jamie Carlton

Join me for a ADA FMLA Roundtable hosted by Kaiser

Mike Moses of Kaiser and I will be moderating an ADA/FMLA roundtable event to answer your ADA/FMLA questions.  This is a roundtable forum, which allows employers to pose questions and get feedback in an informal environment.  We will tackle real world situations presented by local employers.  If you have a situation you…

November 20, 2012
by Jamie Carlton

Oregon Court of Appeals Issues Favorable New Course and Scope Decision

In a recent decision, Schultz v. SAIF Corp., A148840, the Court held that even where a worker is primarily motivated to attend a social event with a supervisor for work related reasons, injuries sustained from voluntary intoxication are not compensable.  In this case, claimant testified she accompanied her supervisor to…

November 6, 2012
by Jamie Carlton

ADA/FMLA Employer Work Group

We hope to see you Thursday, November 8th at the Kaiser & DMEC Oregon/SW Washington ADA FMLA Employer Work Group.  Rebecca Watkins and I are partnering with DMEC along with Mike Moses of Kaiser, to host an employer roundtable discussion to answer questions regarding all aspects of the ADA and…

August 30, 2012
by Jamie Carlton

EEOC Update

In April 2012, the EEOC issued updated enforcement guidance on employer use of arrest and conviction records in hiring decisions.  This comes on the heels of a $3 million settlement with an employer whose criminal background check policy disproportionately excluded African-American applicants. The policy was neutral on its face.  The…

August 20, 2012
by Jamie Carlton

Wage Claims at a Record Setting High

Reports indicate the number of wage claims filed under the Fair Labor Standards Act is at an all time high.  Last year, there were approximately 7000 lawsuits filed under the FLSA.   With less than 5 months left in the reporting year, the number of FLSA suits already exceeds the total…

June 18, 2012
by Jamie Carlton

Court of Appeals Upholds Right to Apportion Permanent Disability Awards at Closure

In a new PPD case, Schleiss v. SAIF Corp., the Oregon Court of Appeals upheld an insurer’s right to apportion permanent disability awards.  Claimant was injured in April 2008.  In 2009, the claim was closed with no impairment.  Claimant appealed and requested a medical arbiter evaluation.  The arbiter found range…

May 24, 2012
by Jamie Carlton

Join me at the DMEC Employer Work Group on May 30th

On May 30th I will be a facilitator at the ADA/FMLA Employer Work Group lunch session.  This is sponsored by Kaiser Permanente & DMEC Oregon/SW Washington.  This is an opportunity for you, as the employer, to bring questions about any aspect of the ADA/FMLA process, challenging case studies, or examples of best practices.  It will be…