On July 8, 2021, the Oregon Occupational Safety and Health Division (Oregon OSHA) adopted temporary rules to bolster worker protections from the hazards of high and extreme heat, including requirements to provide shade, drinking water, cool-down breaks, an effective emergency medical plan, and training to all employees. Oregon OSHA adopted the Temporary Rules to Address Employee Exposure to High Ambient Temperatures on an emergency basis in response to direction from Oregon Governor Kate Brown, following a record-breaking heat wave that hit the Pacific Northwest in late June.
Effective June 30, 2021, Oregon Governor Kate Brown, the Oregon Health Authority (OHA), and the Oregon Occupational Safety and Health Division (Oregon OSHA) lifted most statewide mask and physical distancing restrictions related to COVID-19, with limited exceptions. Mask requirements remain in place in some specialized settings, including healthcare, emergency medical services, public transit, transportation hubs, and correctional facilities. In addition, businesses may continue to require individuals to wear masks, face coverings, or face shields, and physically distance regardless of vaccination status. Individuals may continue to wear masks, face coverings, or face shields, even when not required, if they choose to do so.
On June 11, 2021, Oregon Governor Kate Brown signed into law House Bill 2935, also known as the CROWN Act (Creating a Respectful and Open World for Natural Hair), joining several other states in explicitly prohibiting employers and public schools from discriminating against individuals based on physical characteristics historically associated with race, including hair texture and protective hairstyles.
On June 8, 2021, Governor Kate Brown signed into law House Bill (HB) 2474, amending the Oregon Family Leave Act (OFLA) to update and expand the law’s eligibility and leave provisions. The amendments give eligibility to take leave to employees reemployed after a separation or returning after a temporary work cessation within 180 days, expand eligibility and leave entitlements during public health emergencies, and remove gendered language.
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.
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.
Employers often receive requests for medical information from the unions representing their employees.
Employers obtain employee health information in a number of ways—most commonly, in relation to a work-related injury or when an employee requests medical leave or a disability accommodation. Most employers understand that such information is “confidential,” but may not fully understand what that means or what they should do to protect it.
The State of Oregon has enacted a new law, SB 1587, designed to increase transparency with respect to employee pay, prevent wage theft, and expose wage and hour violations. Generally, the law will require employers to provide additional details on itemized pay stubs and allow employees to inspect and request copies of their time and pay records. The law also provides increased enforcement measures and prohibits wage theft by public works contractors and subcontractors.
On November 4, 2014, Oregon voters approved a ballot measure to legalize recreational marijuana use. The new Oregon law, known as the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act, allows people 21 years of age and older to possess up to eight ounces of marijuana in their…..
Traditionally, home health workers who have provided for the care, fellowship, and protection of persons who, because of their advanced age or physical or mental infirmity could not care for themselves, have been exempt from the federal minimum wage and overtime requirements. These workers are exempt from these wage and…..