Author: Rebecca Watkins
BOLI ISSUES SICK LEAVE RULES – NOW IS YOUR CHANCE TO WEIGH IN!
On January 1, 2016 all employers in Oregon (with a few exceptions) will be required to provide protected sick leave to all employees. The Bureau of Labor & Industries has now issued its rules regarding sick leave. The proposed rules can be found here. If you have questions about the rules…
Join SBH at the Oregon/SW Washington DMEC Annual Chapter Meeting
Join me and a great line up of speakers and topics next Wednesday, September 16th, at the Oregon/SW Washington DMEC annual chapter meeting. Chet Nakada of BOLI will discuss State Sick Leave. Tim Kessel of DCBS will discuss the Preferred Worker Program and EAIP. Rob Bovett will discuss marijuana in…
A Disabled Employee is no Longer Qualified for Job When He Makes Threats
In Mayo v PCC Structurals, Inc. (July 28, 2015), the Ninth Circuit Court of Appeals confirmed that an employee who makes threats of violence against co-workers can be terminated without violating the ADA or Oregon’s disability law. A few employees, including Mayo, began to have problems with a supervisor. HR…
Registration now open for OEC fall conference.
The Fall OEC conference will take place October 5th & 6th at Spirit Mountain Casino. Programming includes training on wage and hour, safety rules, employee retention, LGBT issues in the workplace, and a panel on Workforce Issues with participants from BOLI, Community Colleges and Workforce Developmant, and the Oregon Employment Department. …
Oregon Enacts Paid Sick Time Law
Governor Brown signed HB 454 into law on June 22, 2015, making Oregon the fourth state to pass a state wide paid sick leave statute. The law goes into effect on January 1, 2016 and will preempt the Portland and Eugene city laws. Under Oregon’s law, employers will be obligated…
Eugene Sick Leave Ordinance Scheduled to Go Into Effect on July 1, 2015 Postponed
The City of Eugene passed a sick leave law last July that was originally scheduled to go into effect on July 1, 2015. This law (similar to one in Portland) requires employers to provide up to 40 hours of paid sick leave to employees who work in Eugene. The law…
OSHA issues guidance on transgender bathrooms
On June 1st, OSHA issued a new guide for employers regarding restroom access for transgender employees. The guide falls under OSHA’s sanitation standard that requires employers to provide toilet facilities – a standard that recognizes adverse health effects from the lack of such facilities. OSHA set out a model practice…
Court of Appeals clarifies compensability analysis for medical services.
By: Rebecca Watkins This month, SBH received favorable decisions from the Court of Appeals in two cases addressing compensability of medical services under ORS 656.245(1). In Vukasin v Liberty NW (May 13, 2015), the worker had a 2000 ankle injury with several accepted and denied conditions. In 2009, she had…
Highest State Court finds PERS reform unconstitutional
By: Rebecca Watkins In a decision issued April 30th, the Oregon Supreme Court struck down a key provision of 2013 legislation concerning the Public Employees Retirement System. The legislature reduced cost of living adjustments (COLA) for current PERS retirees to cut costs. In a decision that many predicted, the Court…
Join SBH at the WCCA Spring Education Conference
By: Rebecca Watkins Come join us Tuesday April 14, 2015 in Wilsonville for the WCCA Spring Education Conference. Presenters will cover topics such as investigations, job description, chronic pain therapies, and common orthopedic injuries. Kevin Anderson and I will be presenting with Sheri Sundstrom from Hoffman Construction regarding the recent…
DMEC Quarterly Roundtable Tomorrow
By: Rebecca Watkins Do FMLA & ADA issues frustrate you? DMEC hosts quarterly roundtables for employers and HR professionals to come together and discuss the tricky aspects of employee leave and accommodation. Join us tomorrow! The roundtable takes place at Kaiser Permanente Town Hall on January 14th from 11:30 a.m….
Oregon Bureau of Labor & Industries Seeks Comments on Proposed Rule Changes
By: Rebecca Watkins The proposed changes include a number of “housekeeping” items that simply update language or make it consistent throughout the rules, and to implement a reorganization of BOLI. Among more substantive changes, there are proposed rules pertaining to retaliation under the Oregon Safe Employment Act (division 4), discrimination…
Upcoming Work Sessions for Oregon Employers
The Oregon Employment Department and various workforce groups are hosting forums throughout the state in March and April to gather employer input. The goal is to determine what state-wide and local needs exist and how best to deliver state resources. Here are the upcoming dates: March 18 @ Seaside, OR…
Proposed BOLI Rules
BOLI is currently proposing and taking input regarding several changes to Oregon employment regulations. Among the many newly proposed rules are the following: *Clarifications to disability regulations *Clarifications of “health care provider” and “victim” under the Oregon Family Leave Act laws *Extension of OFLA leave for death of family member…
Loophole in Exclusive Remedy Protections Fixed
The Oregon legislature passed SB 678, amending ORS 656.018 to include limited liability partners, partners, general partners, limited partners, and limited liaibility company members to the list of persons entitled to immunity for providing workers’ compensation coverage to employees. This legislation arose in response to a decision by the Oregon…
Do I have to pre-approve a referral or treatment request?
We are seeing more requests to pre-authorize referrals or treatment other than elective surgery. When no pre-authorization is given, claimants or medical providers file medical disputes with the WCD. However, the administrative rules do not require such pre-approval. In a recent dispute before the Medical Review Unit, SBH confronted this…
Oregon Employer Council – State Conference for Business
Employers, HR managers, & Business Owners – The Oregon Employer Council is holding its annual State Conference for Business on May 6th & 7th on the Oregon Coast (Salishan). This will include keynote speakers such as the NOAA, which has its Marine Operations Center-Pacific in Newport, exhibit booths for businesses…
Court Less Likely to Find Parking Lot Injuries Compensable?
In Enterprise Rent-A-Car v Frazer, a divided Court of Appeals reversed the WCB’s finding of compensability in a parking lot injury. The employer at issue had a storefront in a strip mall, including several parking spots its rental cars occupied. It had two break rooms, but employees were allowed to…
Discriminatory practices or just claims increasing?
According to MSNBC reports, the EEOC received a record 99,947 job-related discrimination complaints in 2011. The largest increase is in the area of religious discrimination, with increases in national origin and disability complaints as well. This shifting pattern of complaints may reflect a growing diversity in the work force. The…
Oregon Minimum Wage increases to $8.95 for 2013
BOLI announced today that Oregon’s minimum wage will increase 15 cents to $8.95 per hour on January 1, 2013. Oregon law requires the state minimum wage to be adjusted each year based on the Consumer Price Index (CPI), and the new minimum wage reflects a CPI increase of 1.7%.
Are actors and acting instructors employees or independent contractors for purposes of workers’ compensation?
Maybe. In a recent case, SAIF Corp v. DCBS and Northwest Children’s Theater and School, the Oregon Court of Appeals discussed the legal framework a theater company must evaluate to determine if its actors and instructors are workers for whom it must obtain workers’ compensation coverage. Northwest Children’s Theater (NWCT)…
Wal-Mart Pays the Cost of Misclassifying Employees
The Department of Labor announced today that it has settled a nationwide overtime claim with Wal-Mart. Prior to 2007, the large retail chain misclassified certain vision center managers and security personnel as exempt, which meant these individuals were not paid overtime. After years of negotiation, Wal-Mart has agreed to pay…
Unemployment Discrimination
This week, the Oregon legislature passed SB 1548 preventing discrimination against the unemployed. This new law, effective March 27, 2012, prohibits ads or job postings that require applicants to be currently employed. Employers may still post jobs that state only current employees of the company will be considered for the…
