Category: Employment Law
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…
Oregon Passes CROWN Act
Oregon joins a number of states in prohibiting discrimination based on hairstyles associated with a person’s race. Governor Brown signed HB2935 on June 11, 2021. The CROWN act prohibits discrimination based on protective hairstyles. Protective hairstyles are defined as “hair color or manner of wearing hair that includes, but is…
BOLI Passes Permanent Rules Relating to OFLA Sick Child Leave During Public Health Emergency
In March 2020, Oregon Bureau of Labor and Industries (BOLI) temporarily expanded Oregon Family Leave Act leave to extend protected leave to include employee leave related to their child’s school or childcare closure. In March 2021, BOLI made the temporary rules permanent. OFLA, in general provides, protected leave to employees…
Join Attorney Jamie Carlton in Webinar: Can Employer’s Require Vaccines?
Join SBH Attorney Jamie Carlotn and Nicolle Farup of Good Company HR as they discuss whether employers can and should require vaccines. This all-important webinar will take place on March 24, 2021 at 10:00 am via Zoom. Register here.
What’s Brewing at the Oregon Legislature in Employment Law?
Although it is not meeting as often as it did in pre-COVID times, the Oregon Legislature has been busy evaluating several bills. Some of these bills, if passed, would make fundamental changes to employment law for years to come. Keep reading for a preview of what the future may hold….
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,…
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…
Employee Handbook: The Gift that Keeps on Giving
As the holiday season rounds the corner of this eventful year, our thoughts turn to gifts and gift-giving. From a business perspective, I happen to believe that a solid employee handbook is the best gift for any business. A carefully crafted employee handbook is an investment that can yield significant…
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…
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…
Getting Back to Work in a COVID World
As we all begin to return to work following the loosening of restrictions, it is important to take stock and prepare for the future. By now it should be clear to all of us that COVID will likely be with us for a while. Not only must employers prepare to…
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…
SBH Video Series: PPP Loans and Return to Work
SBH is excited to announce it will be producing a series of short videos addressing various issues employers are facing during the COVID-19 Crisis and beyond. Join Megan Vaniman as she discusses PPP loans and forgiveness. Slides used in the video are available here. [su_youtube url=”https://www.youtube.com/watch?v=q0URE40RnBw” width=”460″ height=”380″ responsive=”no”] The…
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…
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…
Reductions in Hours, Furloughs, and Layoffs During COVID-19
A lot of employers are having hard conversations right now. A part of those conversations inevitably includes employment decisions. Many companies are trying to decide what is best both for their employees and their companies during this uncertain time. The three big options we’ve seen from our clients is a…
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…
Washington – COVID-19 Incident Reports, Workers’ Comp, Wage and Leave Issues
With the recent news of Coronavirus (COVID-19) in Washington, we want to ensure everyone understands the guidelines for incident reports, workers’ compensation claims, and other employment-related concerns. We have created a Q&A to cover many questions Washington employers may have on this confusing and pressing issue. When should an…
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…
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,…
Oregon Legislature Makes Sweeping changes with Workplace Fairness Act
In response to the national #metoo movement, the Oregon legislature passed the 2019 Oregon Workplace Fairness Act. The Workplace Fairness Act (the “Act”) takes aim at employer’s employment agreements, settlement agreements, anti-harassment and discrimination policies as well as increasing the statute of limitations for a number of unlawful employment actions….
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,…
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….
Documenting and discussing work performance issues with employees in relation to the ADA and FMLA
How many times have you heard Human Resources tell you to document, document, document? Well, it’s because of cases like Estep v. Forever 21. This case, from the US District Court of Oregon, is a good reminder of what can happen when you fail to document and discuss performance issues…
Final Rules Issued for Oregon Equal Pay Law Effective January 1, 2019
The Oregon Bureau of Labor and Industries (BOLI) recently issued final rules implementing the Oregon Equal Pay Law, most provisions of which take effect on January 1, 2019. The full text is available on the BOLI web site here. The final rules contain only minor changes from the proposed rules (see…
