New Measures in Oregon Decriminalize Certain Narcotics and Legalize Psilocybin Therapy

Oregon voters approved two groundbreaking measures in the 2020 election season to become the first state in the nation to decriminalize personal possession of small amounts of certain controlled substances (Measure 110) and legalize the therapeutic usage of psilocybin in a controlled therapy setting (Measure 109). Many employers may be wondering what these measures mean and how their workplaces and existing employment policies might be impacted.

Time to Vote: Employee and Employer Voting Leave Rights and Obligations for the 2020 Elections

Elections in the United States are scheduled for Tuesday, November 3, 2020. Not only will the office of president of the United States be contested, but all 435 seats in the U.S. House of Representatives and 35 of the 100 seats in the U.S. Senate are up for grabs. At the state level, elections will be held for the governorships of 11 U.S. states and 2 U.S. territories.

Final Key Provisions of Oregon’s Workplace Fairness Act Take Effect October 1, 2020

In the summer of 2019, Oregon enacted the Oregon Workplace Fairness Act (SB 726), which imposed sweeping new requirements on Oregon employers in response to the #MeToo movement. Although some of the law’s provisions took effect in September 2019, the remaining provisions take effect on October 1, 2020. Oregon employers that have not done so already may want to take steps to ensure they are in compliance with all of the new requirements by that date.

Leave for Oregon’s Volunteer Emergency Responders During Unprecedented Wildfires

On September 9, 2020, Oregon Governor Kate Brown issued Executive Order No. 20-41 invoking the Emergency Conflagration Act Statewide in light of extreme fire danger. Governor Brown’s invocation of the Emergency Conflagration Act remains in effect until at least November 1, 2020, as wildfires continue to rage. More than 1 million acres of land have burned across Oregon since September 7, 2020. To put things in perspective the area burned is nearly five times the size of New York City.  According to Governor Brown, Oregon is facing an unprecedented level of uncontained fire. To put the flames out, Oregon will need all the help that it can get from its courageous firefighters and first responders.

Ninth Circuit Gives California Employers a Break in Defending Rest Period Claims

In Davidson v. O’Reilly Auto Enterprises, LLC, No. 18-56188 (August 3, 2020), the Ninth Circuit Court of Appeals addressed whether a district court abused its discretion in denying class certification for an employee’s claim for improper rest breaks under California law where the employer allegedly had a facially defective written rest break policy.

Oregon OSHA Releases Draft COVID-19 Temporary Standard

On August 17, 2020, the Oregon Occupational Safety and Health Administration (Oregon OSHA), the state plan responsible for overseeing workplace safety and health in the state of Oregon, released a draft COVID-19 temporary standard. Following Virginia’s lead, Oregon will become the second state in the nation to adopt a specific standard intended to protect workers from COVID-19 exposure.

Oregon Governor Issues Sweeping Stay-at-Home Order to Combat Coronavirus Pandemic

On March 23, 2020, Oregon Governor Kate Brown issued Executive Order (EO) No. 20-12 (Oregon’s stay-at-home order), directing all Oregon residents to stay home to the maximum extent possible, closing certain businesses, and requiring social distancing measures for both public and private facilities.

Oregon Expands Unemployment Benefits to Workers Impacted by COVID-19

On March 8, 2020, Oregon Governor Kate Brown declared a state of emergency due to the COVID-19 pandemic. Just 9 days later, on March 17, 2020, Governor Brown issued a series of executive orders that prohibited gatherings of 25 people or more; prohibited any restaurants, bars, or other similar establishments that offer food or drink from allowing on-premises consumption; and closed public schools statewide through at least April 28, 2020.

New Year, New Minimum Rates: State-by-State Minimum Wage Updates for 2020

In 2020, a number of states’ minimum wage rates will increase. The following chart lists the states’ (and certain major localities’) minimum wage increases for 2020—and future years if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees. The federal minimum wage will remain at $7.25 per

What to Expect When Employees Are Expecting: New Pregnancy and Lactation Accommodation Requirements for Oregon Employers

During the summer of 2019, the Oregon legislature passed two bills broadening protections for pregnant and lactating employees, including extending lactation break requirements to apply to employers of all sizes, requiring more flexible lactation breaks, and expressly requiring reasonable accommodation for known pregnancy and childbirth related limitations.

Oregon Court of Appeals Requires Employers to Pay Wages for Hourly Employees’ Failure to Take Full 30-Minute Meal Periods

On November 14, 2019, the Oregon Court of Appeals in Maza v. Waterford Operations, LLC, 300 Or. App. 471 (2019), addressed the question of whether an employer can be found strictly liable under Oregon Administrative Rules (OAR) 839-020-0050(2) when an hourly employee takes less than the entire duty-free, 30-minute lunch break to which the employee is otherwise entitled, regardless of the circumstances.

Oregon Enacts Sweeping #MeToo Law

On June 11, 2019, Governor Kate Brown signed into law the Oregon Workplace Fairness Act (SB 726), which will significantly impact all Oregon employers. The Act addresses concerns of the #MeToo movement by imposing strict requirements on how Oregon employers respond to complaints of harassment and discrimination. The legislation also significantly increases the statute of limitations within which an employee may assert a claim of discrimination, from one year to five years.

Oregon Modifies Noncompete Law for 2020

On May 14, 2019, Oregon Governor Kate Brown signed House Bill (HB) 2992, which imposes a new burden on employers that want to have enforceable noncompetition agreements with their Oregon employees. For any noncompetition agreement entered into on or after January 1, 2020, employers must provide employees with a signed, written copy of the terms of the noncompetition agreement within 30 days after the termination of employment.

Salary History Is Not Quite History in the Ninth Circuit, According to Supreme Court

On February 25, 2019, in a much awaited decision, the Supreme Court of the United States issued a per curiam ruling in Yovino v. Rizo, No. 18-272, 586 U.S. ___ (2019). Rather than address the substantive issue of whether an employer may rely on salary history to establish starting pay under the federal Equal Pay Act (EPA), the Court vacated and remanded the matter on a procedural—yet still important—issue.

Due Process and Primary Jurisdiction Defenses to Website Accessibility Claims Fall Like Dominoes in the Ninth Circuit

The Ninth Circuit Court of Appeals issued its highly-anticipated website accessibility opinion in Robles v. Domino’s Pizza, reaffirming the obligation to make retailers’ websites accessible and rejecting the due process and primary jurisdiction arguments commonly asserted by defendants in website accessibility litigation.