Author: Randi Ensley
2023 Legislative Wrap-Up – Key Changes for Oregon Employers
The 2023 Oregon Legislative session adjourned June 25, 2023. Below is a summary of the bills impacting Oregon employers that passed this session. SB 999 aims to more closely align Paid Leave Oregon and the Oregon Family Leave Act (OFLA). The bill has been signed into law and went into…
Federal Trade Commission Proposes Broad Ban to Non-Compete Agreements
On January 5, 2023, the Federal Trade Commission (FTC) released a Notice of Proposed Rulemaking (NPRM) that seeks to ban employers from imposing or enforcing non-compete clauses on workers. The proposed rule prohibits an employer from: (1) entering into or attempting to enter into a non-compete agreement with a worker; (2) maintaining…
Equivalent Plan Applications Are Now Available For Oregon’s Paid Family and Medical Leave Insurance Program
Employer and employee contributions into the Oregon Paid Family & Medical Leave Insurance program are set to begin on January 1, 2023 and employees can start applying for benefits beginning September 3, 2023. Alternatively, employers can provide their own paid family and medical leave program if it is equivalent or…
Changes Coming to Oregon’s Workplace Fairness Act January 1, 2023
The Oregon legislature made several changes and key clarifications to the Workplace Fairness Act during the 2022 legislative session. The law currently restricts employers from, among other things, requesting confidentiality, non-disparagement and no-rehire provisions in agreements with employees where the provisions would prevent employees from disclosing conduct constituting discrimination under…
Oregon OSHA Issues Temporary Rules Regarding Protection from Wildfire Smoke
Effective August 9, 2021 and running for a period of 180 days, certain Oregon employers must comply with temporary rules imposed by the Oregon Occupational Health & Safety Administration (OSHA) regarding wildfire smoke. The rules require employers to provide workers with training, develop a system to communicate wildfire smoke hazards,…
Oregon Health Authority Issues Temporary Rule Requiring Masks Be Worn Indoors Statewide
In response to the significant increase in COVID-19 cases in Oregon, Governor Kate Brown and the Oregon Health Authority (OHA) announced that indoor mask use will be mandatory regardless of vaccination status starting Friday, Aug. 13, 2021. On August 12, OHA issued the rules for the new statewide mask requirement….
Oregon OSHA Issues Temporary Rules Repealing Mask and Distancing Requirements
On June 25, 2021, Governor Brown issued an Executive Order stating Oregon would lift its mask mandates, capacity limits, and social distancing guidelines effective June 30, 2021. Oregon employers must also comply with the COVID-19-related rules imposed by the Oregon Occupational Safety & Health Administration (OSHA), which include Oregon OSHA’s…
Oregon OSHA Adopted Permanent COVID-19 Workplace Rules May 4, 2021
On May 4, 2021, the Oregon Occupational Health & Safety Administration (OSHA) adopted permanent workplace rules related to COVID-19. The temporary rules OSHA previously adopted on November 6, 2020 also expired on May 4, 2021. In replacing the temporary rule with a permanent rule, OSHA changed some provisions as more…
Employer Resources for Compliance with Oregon OSHA’s Temporary COVID-19 Workplace Standards
The recently adopted Temporary Rule Addressing COVID-19 Workplace Risks by the Oregon Occupational Safety and Health Administration (OR-OSHA) includes a series of requirements for employers operating in Oregon and clarifies standards on physical distancing, face coverings, and workplace sanitation practices. Under the rule, employers are required to (among other things)…
EEOC Provides Guidance on Employer Mandated COVID-19 Vaccination
On December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) provided updated guidance on the subject of vaccines in the wake of the Food and Drug Administration’s (FDA) authorization of the Pfizer/BioNTech and Moderna vaccines for emergency use. The guidance sets out the framework by which employers can implement…
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…
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…
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…
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…

