Oregon Releases Final Rules on Heat Illness Prevention and Wildfire Smoke Exposure
On May 9 and 10, 2022, the Oregon Occupational Safety and Health Administration (Oregon OSHA) adopted final rules on heat illness and wildfire smoke.
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Oregon Changes Temporary Rule Requiring Healthcare Worker Vaccinations
On August 5, 2021, the Oregon Health Authority (OHA) adopted a temporary rule on an emergency basis requiring healthcare providers and healthcare staff who work in healthcare settings to either be vaccinated against COVID-19 or face periodic COVID-19 testing by September 30, 2021.
Oregon Enacts Temporary Rule Requiring Healthcare Worker Vaccinations or COVID-19 Testing
In recent weeks, Oregon has seen a sharp rise in the number of COVID-19 cases and hospitalizations due to the more contagious Delta variant of the coronavirus, which threatens to overwhelm local hospitals. On August 5, 2021, the Oregon Health Authority (OHA) adopted a temporary rule on an emergency basis in response to Governor Kate Brown’s direction to curb and prevent the spread of COVID-19 in healthcare settings.
Oregon Enacts New Modifications to Noncompete Law for 2021
On May 21, 2021, Oregon Governor Kate Brown signed Senate Bill (SB) 169, making substantial changes to the statute that limits noncompetition agreements with Oregon employees, Oregon Revised Statutes (ORS) 653.295. The changes apply to any employee noncompetition agreement entered into on or after the effective date of the act.
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.
Oregon’s Predictive Scheduling Law: An Overview of BOLI’s Proposed Rules
On April 25, 2018, the Oregon Bureau of Labor and Industries (BOLI) issued proposed rules implementing Oregon’s predictive scheduling law, Senate Bill 828, which will take effect on July 1, 2018.
Oregon’s New Law on Overtime Calculations for Employees in Mills, Factories, and Manufacturing Establishments Expected to Change
In July 2017, the Oregon Legislature passed House Bill 3458, which is expected to be signed by Governor Kate Brown. The new law will permit employers to pay nonexempt employees in mills, factories, and manufacturing establishments the greater of daily or weekly overtime, reversing recent guidance from the Oregon Bureau of Labor and Industries (BOLI) that had required manufacturing employers to “pyramid” (i.e., pay both) daily and weekly overtime hours.
Oregon to Enact Predictive Scheduling Law Affecting Retail, Hospitality, and Food Service Employers
The Oregon governor is expected to soon sign Senate Bill 828, which will impose predictive scheduling requirements on large employers in certain industries. Here are answers to some of the most frequently asked questions about the new law.
Oregon Court Rejects BOLI’s New Guidance on Calculating Daily and Weekly Overtime for Mills, Factories, and Manufacturing Establishments
After the Oregon Bureau of Labor and Industries (BOLI) made a surprising change to its interpretation of how daily and weekly overtime should be calculated for employees who work in mills, factories, and manufacturing establishments, last week the Multnomah County Circuit Court issued an opinion rejecting BOLI’s new interpretation.
Oregon Manufacturers May Be Eligible to Obtain Waivers From Complying With BOLI’s New Daily and Weekly Overtime Interpretation
The Oregon Bureau of Labor and Industries (BOLI) recently made a surprising change in its interpretation of the daily and weekly overtime requirements for manufacturers. Employers may be able to obtain a waiver from complying with this new interpretation.
Oregon BOLI Updates Daily and Weekly Overtime Guidance for Manufacturers and Other Industries
The Oregon Bureau of Labor and Industries (BOLI) has made an important change to its interpretation of the relationship between two Oregon overtime laws. Under BOLI’s new guidance, nonexempt employees who work in mills, factories, or manufacturing establishments may be entitled to both daily and weekly overtime compensation.
Utah Governor Signs Law Restricting Post-Termination Noncompete Agreements
On March 22, 2016, Utah Governor Gary Herbert signed into law the Post-Employment Restrictions Act (H.B. 251), which limits the duration of post-employment noncompete agreements between employers and employees to a maximum of one year from the employee’s date of separation. Under the new law, any such agreement containing a noncompete restriction exceeding the Act’s one-year limitation will be deemed void.
Utah Has a Bun in the Oven: Pregnancy Bill Awaits Governor’s Approval
The Utah State Legislature recently passed S.B. 59, a bill that would amend the Utah Antidiscrimination Act to require employers with 15 or more Utah employees to provide reasonable accommodations related to pregnancy, childbirth, breastfeeding, or related conditions. The bill is currently awaiting the governor’s signature.
BOLI Issues Guidance on New Oregon Statewide Sick Leave Law
The Oregon Bureau of Labor and Industries (BOLI) has issued additional guidance on complying with the new Oregon statewide mandatory paid sick leave law, Senate Bill 454, OL 2015, Ch. 537, which takes effect on January 1, 2016.
Federal Judge Approves Contractual Limitation on Time to Bring Employment Claims Under Oregon Law
A federal court in Oregon recently ruled that employment agreements may impose a reasonable limitation on the time period in which an employee may bring statutory and common law claims against his or her employer, even when that time period is shorter than the statute of limitations. In Felix v. Guardsmark, LLC, 3:13-CV-00447-BR (D. Or.,