Randi Ensley

Proposed Unemployment Rule May Impact Oregon Employers-Feedback Due by October 21

On September 3, 2020, the Employment Department issued a Notice of Proposed Rulemaking of Oregon Administrative Rule (OAR) 471-030-0071. The proposed rule (found here) gives the Department the authority during a declared state of emergency or public health emergency to change eligibility requirements to receive unemployment insurance benefits and the authority to make changes to the rate at what such benefits shall be paid. The proposed rule specifies that the Department shall give public notice of the new requirements to the extent reasonably possible and the public notice shall include the effective dates for the new requirements. Further, the proposed rule clarifies that the new requirements may not extend beyond 90 days from the end of the state of emergency… Continue reading

Oregon Health Authority Releases Reopening Guidance for Oregon Employers

On May 7, 2020, the Oregon Health Authority (OHA) released a series of sector-specific guidance as well as general guidance to assist employers in making decisions regarding reopening during the COVID-19 pandemic. Sector-specific guidance is available for Outdoor Recreation Organizations, Personal Services Providers, Retail Stores, Shopping Centers and Malls and Restaurants and Bars. “Phase One” of Governor Brown’s Oregon reopening plan may start as early as May 15 for approved counties with few or no COVID-19 cases. In anticipation of reopening, employers are encouraged to review the guidance and begin making plans consistent with these recommendations. Employers should also refer to the guidance issued by the Centers for Disease Control and Prevention (CDC) when determining the most appropriate actions to… Continue reading

Effective April 2nd: Employers Must Provide Paid Sick Leave and Paid FMLA Leave Related to COVID-19

On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (HR 6201) into enactment. These provisions are to take effect no later than April 2, 2020 and will expire on December 31, 2020. They cover employers with fewer than 500 employees including public and non-profit employers. The Secretary of Labor may enact regulations to exclude health care providers and emergency responders as well as exempt small businesses with fewer than 50 employees when providing leave would jeopardize the viability of the business as a going concern. Covered employers must post and provide notice to employees about their rights under the Act, which the Department of Labor shall provide along with further rules and guidance within the next… Continue reading

Oregon – COVID-19 Incident Reports, Workers’ Comp, Wage and Leave Issues

As Oregon employers continue to face unique issues in the wake of the COVID-19 coronavirus, SBH has assembled this list of commonly asked questions addressing workplace rights and responsibilities for incident reports, workers’ compensation claims, and other employment-related concerns.   When should an OSHA Injury and Illness Incident report be filed? OSHA has deemed COVID-19 a recordable illness when an employee of a covered employer is infected on the job. https://www.osha.gov/SLTC/covid-19/standards.html Employers should file an incident report if either: An employee has tested positive for COVID-19; or The employee was exposed at work to an individual who tested positive for COVID-19. Further, employers must report the death or in-patient hospitalization of any worker due to an on-the-job injury by calling… Continue reading