Author: Rebecca Watkins

May 12, 2022
by Rebecca Watkins

Questions about Oregon’s Paid Family and Medical Leave Insurance (PFMLI) program?

The Oregon Employment Department will administer this new leave program and is starting the process of outlining rules. Employers will begin collecting/paying contributions on January 1, 2023. If you are an employer or business owner concerned with how this program will work, this is an opportunity to share your concerns…

April 21, 2022
by Rebecca Watkins

Partial Denial does not Allow Apportionment of Impairment at Claim Closure in Oregon

On April 21, 2022, the Oregon Supreme Court issued its decision in Johnson v. SAIF Corporation, 369 Or 577 (2022). Johnson caught her hand in an elevator door at work. SAIF accepted various finger contusions/abrasions, but later denied a request to add a rotator cuff tear to the claim. The…

June 21, 2021
by Rebecca Watkins

Washington Employers Receive Guidance on WPFML from the State

Employers have been attempting to implement the Washington Paid Family and Medical Leave Act (WPFMLA) with little guidance from the Employment Security Department. In the latest legislative session, some clarifications have now been added as administrative rules (WAC 192). The adopted clarifications address successor employers, “hours worked” for purposes of…

October 21, 2020
by Rebecca Watkins

Washington employers, remember to review exempt salaries for 2021

In late 2019, the Washington Department of Labor & Industries (L&I) outlined new rules for exempt employees, including base salaries. The salary threshold for exempt employees is now a multiplier of the state minimum wage. Each September, L&I sets the state minimum wage for the next year based on US…

July 22, 2020
by Rebecca Watkins

Oregon employers: are you ready for the Workplace Fairness Act?

The Workplace Fairness Act goes into full effect on October 1, 2020. This Act adds to Oregon’s existing discrimination and harassment laws, extending statutes of limitations and requiring employers to have specific policies and practices in place to address workplace discrimination. While it arose out of the #MeToo movement, it…

June 29, 2020
by Rebecca Watkins

Oregon minimum wage increase on July 1st

With everything else going on right now, the yearly increase in minimum wage may not be the first thing on any employer’s mind. Don’t forget to make those hourly rate adjustments, effective July 1, 2020. Oregon has a region-specific minimum wage, so confirm which region applies your employees here. The…

December 13, 2019
by Rebecca Watkins

After-Work Drinks: Things Employers Should Consider

Employers understand the risks associated with alcohol consumption at work, particularly for those employees who operate equipment or vehicles. But, employers often view the off-work hours as something outside their area of concern. That is not necessarily true. When an employer organizes or encourages employees to grab drinks after work,…

July 2, 2019
by Rebecca Watkins

Reminder: Oregon Minimum Wage Increased on July 1, 2019

For Oregon employers, the minimum wage increased again on July 1, 2019, part of incremental increases under a 2016 law. The new minimum wage rate differs depending on region. Standard: $11.25 Portland Metro Area:  $12.50 Non-urban Oregon counties: $11.00. If you are unsure of which rate applies to your employees,…

April 8, 2019
by Rebecca Watkins

Employer Disability Leave Roundtable on April 17th

Kaiser Permanente and Sather Byerly & Holloway are sponsoring a work group for Oregon and Washington employers related to leave management. This open-forum roundtable will allow employers to bring their questions and share their insights on how to address various disability and leave requirements under state, federal or local laws….

November 29, 2018
by Rebecca Watkins

Do you manage employee leave for employees in Oregon or Washington?

Check out the new Oregon and Washington Absence and Disability Management group on LinkedIn. This new group is aimed at giving employers and HR professionals a forum to share ideas and learn about changes specific to the unique laws and requirements in Oregon and Washington. Join the group and share with…

September 7, 2018
by Rebecca Watkins

October Event: Employer Disability & Leave Roundtable

  KAISER PERMANENTE AND SATHER, BYERLY & HOLLOWAY EMPLOYEE DISABILITY AND LEAVE ROUNDTABLE Date: Tuesday, October 16, 2018 Time: 11:30 a.m. – 1:30 p.m. Where: Kaiser Permanente- Town Hall Ballroom (3704 N. Interstate Ave., Portland, OR 97227) Cost: Free – Lunch provided Kaiser Permanente and Sather Byerly & Holloway are sponsoring a work group…

July 27, 2018
by Rebecca Watkins

Predictive scheduling: What is it and does it apply to my company?

In a nutshell, Oregon’s new law requires certain employers to provide advance schedules for their employees and imposes penalties for last minute changes. SB 828 went into effect on July 1st and BOLI recently issued final rules for the new law, found here. Does it apply to my company? The…

June 21, 2018
by Rebecca Watkins

Oregon Minimum Wage Increases on July 1, 2018

The next annual rate increase for minimum wage goes into effect on July 1, 2018. The standard rate increases to $10.75 per hour. Those in the Portland Metro area increase to $12.00 per hour and for non-urban counties, the rate increases to $10.50 per hour. If you are not sure…

June 23, 2017
by Rebecca Watkins

Minimum Wage Increases July 1, 2017

Oregon’s second rate increase under 2016 legislation goes into effect on July 1, 2017. The minimum wage for your company turns on your location. The standard rate will increase to $10.25/hour and applies to most of the state. But nonurban counties have a lower rate increase to $10.00/hour. The nonurban…

June 1, 2017
by Rebecca Watkins

Join SBH at the DMEC Chapter Meeting on June 7

Need a refresher on the ADA? Want tips about accommodating mental health issues? Join us at the DMEC Chapter Meeting on June 7th, when experts from the Job Accommodation Network (JAN) and Kaiser Permanente share their insights on the following ADA topics: accommodating depression & anxiety medical inquiries under the…

March 2, 2017
by Rebecca Watkins

Disability/Leave Roundtable for Employers

The Oregon/SW Washington chapter of the DMEC is hosting a free lunch roundtable on March 15, 2017. Employers, HR professionals, and leave administrators are encouraged to attend to discuss leave management challenges. The event is free, but registration is required. March 15, 2017 from 11:30 a.m. to 1:00 p.m. at…

December 2, 2016
by Rebecca Watkins

Federal Court Denies Injunction of OSHA Recordkeeping Rule

OSHA issued a final rule regarding electronic recordkeeping that also included new anti-retaliation records. Read a prior blog post regarding this rule here: http://sbhlegal.com/new-osha-rules-address-post-accident-drug-testing-retaliation-claims-and-electronic-injuryillness-reporting/ A group of insurer and industry groups in Texas filed suit challenging OSHA’s authority to enact the anti-retaliation provisions of the new rule. They asked the…

November 23, 2016
by Rebecca Watkins

Federal Court Stops DOL Exempt Salary Changes

On December 1st, the Department of Labor’s new rule regarding exemptions from overtime was set to go into effect. A ruling from a federal court yesterday suspends that rule. The DOL rule in question updated exemption rules that allow employees meeting both a salary test and duties test to be…

September 21, 2016
by Rebecca Watkins

October 5th seminar on workforce management

Join me and an excellent group of presenters for a full day of cutting edge topics related to disability management. Topics include emergency preparedness, ADA/FMLA challenges, productivity management, and more. This seminar is hosted by the Oregon/Southwest Washington Disability Management Employer Coalition, which has been recognized nationally for excellence by…

August 31, 2016
by Rebecca Watkins

Proposed clarifications to Oregon Sick Leave rules

Acting on employer requests, BOLI has proposed additions and amendments to its rules about state sick leave. The proposed changes address the definition of “employee” and “employer”, the calculation of rate of pay for employees working on a piece-rate or commission basis, the responsibilities of joint employers (temporary or PEO…

June 28, 2016
by Rebecca Watkins

Minimum wage increases on July 1st.

The minimum wage increases for Oregon employers this Friday. For the first time, Oregon will have three different minimum wage levels depending on the region where employees work. Please use this chart to determine how much minimum wage is increasing for your employees this week: Region 1 Everyone not in…

April 29, 2016
by Rebecca Watkins

Reasonable Denials?

The reasonableness of a denial turns on the existence of “legitimate doubt as to liability” and is measured based on the available information at the time the denial issues. (Continuation of a denial may also be deemed unreasonable if the legitimate doubt is later destroyed.) If a denial is deemed…

March 18, 2016
by Rebecca Watkins

Join SBH at the DMEC ADAAA/Family Leave Roundtable

Please join me on Wednesday April 6, 2016 at the DMEC ADAAA/Family Leave Roundtable. This is a great opportunity for employers to bring questions and share ideas about ADA and Family leave. This is an open forum with a focus on problem solving. I will be there to discuss legal…

January 14, 2016
by Rebecca Watkins

DMEC Half Day Seminar on Sick Leave and BOLI/EEOC complaints

Join me, the DMEC board, and Chet Nakada of BOLI on February 3rd for a half day seminar at the Kaiser Permanente Town Hall.  Mr. Nakada is returning to discuss Oregon Sick Leave laws, and then I’ll lead a discussion about what employers should know about navigating the BOLI/EEOC complaint…

December 10, 2015
by Rebecca Watkins

BOLI clarifies the obligations to temporary and leased employees under State Sick Time in permanent rules.

BOLI has now issued final rules on the Oregon Sick Time law going into effect January 1, 2016.  The final rules reflect clarifications requested by employers, specifically as relates to temporary employees and Professional Employer Organizations (PEOs).  The initial rules suggested that in these types of staffing situations, both employers…