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Oregon

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Oregon - General

Rules Governing Oregon’s New Paid Family and Medical Leave Insurance Program and Equivalent Plan Application Process Finalized

Littler·

On July 22, 2022 and August 22, 2022, the Oregon Employment Department (OED) published its latest rules governing Oregon’s new Paid Family and Medical Leave Insurance (PFMLI) program. The PFMLI program will be funded by employer and employee contributions in the form of payroll deductions beginning

Oregon - General

Oregon Equal Pay Act’s Temporary Exclusion of Hiring and Retention Bonuses Set to Expire on September 28, 2022

Ogletree Deakins·

On September 28, 2022, amendments to Oregon’s Equal Pay Act excluding hiring and retention bonuses from the definition of “compensation” are set to expire.

Oregon - General

Savings Clause Results in Oregon Supreme Court Affirming Enforceability of Arbitration Provision

Littler·

On July 8, 2022, in Gist v. ZoAn Management, Inc ., the Oregon Supreme Court affirmed the decisions of the trial court and court of appeals granting the defendants’ motion to compel arbitration. The court concluded that because nothing in the arbitration agreement prohibited the plaintiff from being

Oregon - General

Oregon Releases Final Rules on Heat Illness Prevention and Wildfire Smoke Exposure

Ogletree Deakins·

On May 9 and 10, 2022, the Oregon Occupational Safety and Health Administration (Oregon OSHA) adopted final rules on heat illness and wildfire smoke.

Oregon - Wage & Hour

A Primer on Oregon’s Paid Family and Medical Leave Insurance Program

Ogletree Deakins·

In 2019, the Oregon Legislative Assembly passed the Paid Family Medical Leave Act, which established a paid family and medical leave insurance (PFMLI) program for Oregon employees. On April 27, 2022, the Oregon Employment Department (OED) filed proposed administrative rules with the Oregon Office of

Oregon - General

Oregon Ban on Home Buyers’ ‘Love Letters’ to Sellers Violates First Amendment, Federal Court Rules

Jackson Lewis P.C.·

After becoming the first state to ban real estate “love letters,” Oregon’s novel law has been found to violate the First Amendment and enjoined from enforcement by a federal Court in Oregon.

Oregon - General

Oregon Rule Expands Reasons Employees Can Take Emergency Paid Leave

Littler·

On March 21, 2022, the Oregon Bureau of Labor and Industries (BOLI) adopted a permanent rule , effective April 1, 2022, that expands the reasons employees can use leave under Oregon’s paid sick and safe leave law during a public health emergency.

Oregon - General

Amendments to Oregon Limits on Workplace Agreements Await Governor’s Signature

Jackson Lewis P.C.·

The Oregon legislature has passed amendments to the Workplace Fairness Act clarifying that workplace agreements with a release of claims cannot include confidentiality or nondisparagement provisions, among other clarifications and changes.

Oregon - General

Oregon Governor Signs Bill on Incentives, Bonuses, and Equal Pay Act Requirements

Ogletree Deakins·

Oregon employers may want to be aware that on March 7, 2022, Governor Kate Brown signed into law amendments to the state’s Equal Pay Act detailed in Senate Bill (SB) 1514. As a result, Oregon employers may offer vaccine incentives, hiring bonuses, and retention bonuses until 180 days after the

Oregon - General

Oregon Legislation Addresses Workers’ Compensation and Overtime Issues for Agricultural and Manufacturing Employees

Ogletree Deakins·

The primary employment-related bills passed in Oregon’s 2022 legislative session relate to pay equity and the Workplace Fairness Act. Oregon employers in particular sectors may also want to be aware of recently passed and pending legislation that addresses overtime eligibility for agricultural worke

Oregon - General

Oregon Amends Workplace Fairness Act to Limit Confidentiality in Settlement of Discrimination and Harassment Claims

Ogletree Deakins·

In 2019, Oregon Governor Kate Brown signed the Workplace Fairness Act (OWFA), which took full effect as of October 1, 2020. Among other things, the law prohibits employers from requiring employees to enter into agreements that would prevent them from disclosing conduct constituting discrimination an

Oregon - General

Oregon Legislature Passes Equal Pay Act Amendments Extending Temporary Exclusion of Certain Incentive Payments

Ogletree Deakins·

The Oregon Legislative Assembly recently passed Senate Bill (SB) 1514, extending the expiration date of temporary amendments to Oregon’s Equal Pay Act. The act prohibits employers from “discriminat[ing] between employees on the basis of a protected class in the payment of wages or other compensation

Oregon - General

Oregon Health Authority Adopts COVID-19 Vaccination and Masking Rules in Healthcare and K-12 Education

Ogletree Deakins·

On January 31, 2022, the Oregon Health Authority (OHA) published permanent rules relating to COVID-19 vaccination and masking requirements in healthcare settings, just a few days after issuing similar rules for K-12 schools. The permanent rules replaced temporary rules that expire after 180 days.

Oregon - General

Oregon OSHA Announces Stance on Federal Vaccine-or-Test Standard

Ogletree Deakins·

On January 13, 2022, the Oregon Occupational Safety and Health Division (Oregon OSHA) announced that because the Supreme Court of the United States has stayed the federal Occupational Safety and Health Administration’s (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS), it “w

Oregon - General

Oregon OSHA Announces Schedule for Implementing COVID-19 Vaccine or Test Standard

Ogletree Deakins·

Oregon operates a state plan that the U.S. Occupational Safety and Health Administration (OSHA) has approved that applies to both public and private employers. Accordingly, Oregon employers are subject to the state OSHA’s standards rather than the federal OSHA standards. Oregon OSHA may adopt an eme

Oregon - General

Oregon Employment Law Changes in 2022: New Year, New Laws

Ogletree Deakins·

Changes to Oregon employment laws taking effect next year will be keeping human resources professionals very busy this holiday season and into the new year in the Pacific Northwest.

Oregon - General

Oregon OSHA Anticipates Delay in Adopting COVID-19 Vaccine or Test Standard

Ogletree Deakins·

When the U.S. Occupational Safety and Health Administration (OSHA) issued a new emergency temporary standard (ETS) on November 4, 2021, Oregon OSHA had only 30 days to adopt its own standards, until December 4, 2021. However, in light of a federal court order staying the federal ETS, Oregon OSHA rec

Oregon - General

Court Denies Request to Enjoin Oregon Vaccination Requirements for Healthcare, School, Other Workers

Jackson Lewis P.C.·

The plaintiffs were not likely to succeed in showing their individual interests in remaining unvaccinated outweighed Oregon’s interest in public health and welfare to slow the spread of COVID-19, U.S. District Court Judge Michael Simon concluded in denying a request for a temporary restraining order

Oregon - General

Oregon Safe Employment Act Amended to Create Presumption of Retaliation Under Certain Circumstances

Jackson Lewis P.C.·

An amendment to the Oregon Safe Employment Act signed by Governor Kate Brown creates a “rebuttable presumption” of discrimination or retaliation if an employer takes an adverse action against any employee or prospective employee who engaged in certain protected activities within 60 days.

Oregon - General

Oregon Federal Court Joins Other Jurisdictions in Denying Challenge to Government-Issued Vaccine Mandate

Littler·

On October 18, 2021, in a 55-page opinion, an Oregon federal district court denied a request for a temporary restraining order (TRO) to prevent the Oregon Health Authority’s (OHA) recent orders requiring that educational and health workers and certain state executives obtain the COVID-19 vaccine (“V