2020 Archives

Alerts

• Federal Contractors and Recipients of Federal Grants Granted Relief from President’s Executive Order on Diversity and Inclusion Training

  December 23, 2020In our Bullard Alert issued on October 19, 2020, we outlined President Trump’s Executive Order on  September 22, 2020 (“EO”) titled “Combating Race and Sex Stereotyping,” which sought to put an end to certain typ...
  By Benjamin P. O'Glasser & Liani J. Reeves
  

• Oregon Legislature Enacts New Protections for Schools and Whistleblowers Due to COVID-19

  December 22, 2020In the State’s third Special Session held on December 21, 2020, the Oregon Legislature passed House Bill (“HB”) 4402, which enacted additional protections for schools related to the COVID-19 pandemic. It also has implications for...
  By Liani J. Reeves
  

• Employers and COVID-19 Vaccines: Considerations for Making Them Mandatory

  December 17, 2020As we watch the first recipients of the COVID-19 vaccine receive their inoculations, employers are left wondering: can (and should) they implement mandatory COVID-19 vaccination programs for their employees?       &n...
  By Naomi D. Johnson & Liani J. Reeves
  

• Oregon OSHA Issues Model Policy Related to Workplace COVID-19 Exposure

  November 13, 2020This alert supplements Bullard’s prior alert relating to Oregon OSHA’s Temporary COVID-19 Rule, finalized on November 6, 2020, requiring most Oregon employers to take additional steps when there is potential workplace ex...
  By Jessica D. Osborne & Maryann Yelnosky
  

• Employer's Guide to Oregon OSHA (Final) Temporary COVID-19 Rule & OHA Statewide Mask, Face Covering, and Face Shield Guidance

  November 9, 2020Note: This alert was originally published on November 5, 2020. Thereafter on Friday, November 6, 2020, Oregon OSHA adopted the final version of the Temporary Oregon OSHA COVID-19 Rule, now codified as OAR 437-001-0744, and linked here: https:...
  By Kathryn M. Hindman
  

• President’s Executive Order on Diversity and Inclusion Training

  October 19, 2020This year, many companies have responded to nationwide protests, recognized the need for fluency in terms like “White Privilege” and “Black Lives Matter,” and expanded their diversity training initiatives.  Based on a ...
  By Benjamin P. O'Glasser & Liani J. Reeves
  

• Oregon Workplace Fairness Act Provisions Effective October 1, 2020

  September 28, 2020The Oregon Legislature’s response to the #MeToo Movement came in the form of sweeping legislation that passed during the 2019 legislative session. The Oregon Workplace Fairness Act (“the Act”) applies to all employers who have at...
  By Liani J. Reeves & Maryann Yelnosky
  

• DOL Clarifies Eligibility for School Closure Leave Under FFCRA

  August 28, 2020The US Department of Labor’s Wage and Hour Division updated its Family First Coronavirus Response Act (FFCRA) Questions and Answers on August 27, 2020, to provide guidance to parents with school-aged children in anticipation of the star...
  By Kathryn M. Hindman
  

• DOL Clarifies Obligation to Track Compensable Hours

  August 27, 2020In response to the COVID-19 pandemic, employees are working from home in unprecedented numbers. Remote work creates a number of challenges for employers, both practical and legal. On August 24, 2020, the U.S. Department of Labor issued guidan...
  By J. Kent Pearson, Jr.
  

• DOL Issues Remote Work Wage and Hour Guidance

  July 24, 2020This week, the U.S. Department of Labor (“DOL”) Wage and Hour Division (“WHD”) issued new Q&A guidance on Wage and Hour Rules and the Family and Medical Leave Act (“FMLA”), as well as an online resource for ...
  By Jessica D. Osborne
  

• NLRB Gives Employers Greater Leeway to Discipline Employees for Offensive Speech

  July 22, 2020Yesterday, the National Labor Relations Board (NLRB) issued its decision in General Motors, giving employers more latitude to issue discipline for employees’ racist, sexist, threatening, or other offensive speech in the context of strikes an...
  By Benjamin P. O'Glasser & Dennis E. Westlind
  

• U.S. Supreme Court Affirms Key Exceptions for Religious Employers

  July 9, 2020U.S. Supreme Court Affirms Key Exceptions for Religious Employers Yesterday the Supreme Court issued two decisions that carve out significant protections for religious organizations regarding employment discrimination claims and exceptions to the...
  By Kalia J. Walker
  

• Washington Changes To Overtime Exemptions Go Into Effect July 1, 2020

  July 1, 2020Changes to Washington State Department of Labor and Industry (L&I) rules relating to overtime exemptions took effect on July 1, 2020. The changes were announced in December and relate to when “white collar” employees receive the pr...
  By Jessica D. Osborne
  

• Back to Work: Common Questions and Answers for Summer 2020

  June 24, 2020As we all begin to return to the workplace, employers have many questions. Remember, being “open” does not mean that the pandemic has ended. Federal and state organizations like the Centers for Disease Control and Prevention (CDC) and ...
  By Kathryn M. Hindman
  

• NLRB Allows Employers to Discipline New Union Members

  June 24, 2020Employers may once again use their discretion to discipline employees represented by a newly certified union without first bargaining, the National Labor Relations Board ruled yesterday. The Board’s decision in 800 River Road Operating Co...
  By Dennis E. Westlind
  

• The U.S. Supreme Court Extends Protections for Homosexual & Transgender Employees Under Title VII

  June 15, 2020In a long awaited decision, the Supreme Court of the United States (“SCOTUS”) (voting 6-3) extended protections for homosexual and transgender employees under Title VII of the Civil Rights Act of 1964. The decision will have less impac...
  By Liani J. Reeves
  

• Scheduled Minimum Wage Increase Takes Effect July 1, 2020

  June 4, 2020In 2016, the Oregon Legislature passed Senate Bill 1532, which requires annual minimum wage increases. The next scheduled minimum wage increases take effect July 1, 2020.  It is anticipated that the minimum wage increases will take place as s...
  By Jason W. Douthit
  

• EEOC Adds Q&A on Reasonable Accommodation Upon Return to Work

  May 7, 2020On May 7, 2020, the EEOC once again updated its Technical Assistance overview “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and other EEO Laws” providing answers to three additional questions focused on reas...
  By Francis T. Barnwell & Maryann Yelnosky
  

• EEOC Approves Screening for COVID-19 Before Employees Return To Work

  April 27, 2020Preparing us for the inevitable return from this pandemic, the EEOC asks and answers one new question in its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO laws” Technical Assistance:   &...
  By Kathryn M. Hindman
  

• More DOL Guidance on FFCRA Leave

  April 22, 2020The US Department of Labor's fifth set of FAQs under the emergency paid leave provisions of the Families First Coronavirus Response Act (FFCRA), provides examples of how to compute time and pay for employees with irregular hours, how to calcul...
  By Kathryn M. Hindman
  

• EEOC Updates COVID-19 ADA Guidance

  April 20, 2020On April 17, 2020, the EEOC updated its COVID-19 Technical Assistance Questions and Answers in its “What You Should Know About COVID-19, the Rehabilitation Act and other EEO Laws" publication. Expanding on its March 17 and April 9, 2020...
  By Kathryn M. Hindman
  

• EEOC Updated COVID-19 Related Q&As & New CDC Interim Guidance

  April 10, 2020On April 9, 2020, the EEOC published a collection of Technical Assistance Questions and Answers, and republished all of the current EEOC materials compiled for COVID-19. In its “What you should know about COVID-19 and the ADA, the Rehabilita...
  By Kathryn M. Hindman
  

• DOL Issues Temporary Regulations and Fourth Set of Guidance on FFCRA

  April 7, 2020On April 1, 2020, the United States Department of Labor (DOL) issued temporary regulations clarifying employers’ obligations under the Family First Coronavirus Response Act (FFCRA). Two days later on April 3, 2020, the DOL added to its exten...
  By Francis T. Barnwell, Kathryn M. Hindman & Maryann Yelnosky
  

• To Bargain or Not to Bargain: Employer’s Duty to Bargain During the COVID-19 Crisis

  April 2, 2020If you have a union-represented workforce, you already know that you may have a duty to bargain over changes to the terms and conditions of employment. But as you respond to the COVID-19 public emergency, you’re making critical decisions in ...
  By Dennis E. Westlind & Jessica E. Wilcox
  

• Coronavirus Puts Additional Pressure on Taft-Hartley Pension Trusts and Participating Employers

  April 1, 2020Forty years ago, contributions to Taft-Hartley pension trusts were booming as active union membership soared and generous pension benefits were commonplace.  Over the years since then, however, the numbers of employed union members has shrunk...
  By Jason W. Douthit
  

• Key Employment Law Impacts of the Enacted Coronavirus Aid, Relief, and Economic Security Act

  April 1, 2020On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (“CARES”).  The law continues a series of state and federal laws and regulations that are designed to lessen the impacts of ...
  By Jason W. Douthit, Benjamin P. O'Glasser & Jessica D. Osborne
  

• BOLI Creates Emergency Exception to Maximum Working Hours in Certain Manufacturing Establishments

  March 30, 2020(UPDATE April 2, 2020): Following Bullard Law’s alert on this topic, BOLI published a Frequently Asked Questions webpage on this emergency rule, available here. This page includes a link to an electronic interface for submitting the req...
  By Benjamin P. O'Glasser & Maryann Yelnosky
  

• DOL Continues to Answer Key FFCRA Questions For Employers

  March 30, 2020Expanding its initial guidance on employer obligations under the emergency paid leave provisions of the Families First Coronavirus Response Act (FFCRA or “Act”), the U.S. Department of Labor has issued additional FAQs that further expl...
  By Francis T. Barnwell & Kathryn M. Hindman
  

• U.S. DOL Issues First Official Guidance on Families First Coronavirus Response Act

  March 26, 2020On March 24, 2020, the U.S. Department of Labor (DOL) issued its first official guidance for employers and workers about the emergency paid-leave provisions of the Families First Coronavirus Response Act, which was signed into law on March 18, 202...
  By Kathryn M. Hindman & Naomi D. Johnson
  

• Gov. Brown Issues Executive Order "Stay Home, Save Lives"

  March 23, 2020On March 23, 2020, Governor Kate Brown issued Executive Order 20-12 requiring increased restrictions for Oregonians, and requiring the immediate closure for a large swath of Oregon businesses (“Order”).  The Order represents Orego...
  By Benjamin P. O'Glasser & Jessica D. Osborne
  

• Inspection of I-9 Forms During COVID-19

  March 23, 2020U.S. Department of Homeland Security Temporarily Defers In-Person Inspection of Form I-9 Identity and Employment Authorization Documents for Employers and Workplaces that are Operating Completely Remotely The U.S. Department of Homeland Securit...
  By Naomi D. Johnson & J. Kent Pearson, Jr.
  

• Oregon Employment Department Issues Temporary Rule in Response to COVID-19

  March 23, 2020On Wednesday, the Oregon Employment Department (OED) issued a temporary rule related to Unemployment Insurance (UI) benefits in light of various actions by employers and employees in response to COVID-19 and the Governor’s declaration of a s...
  By Kara Backus & Liani J. Reeves
  

• BOLI Issues Two Temporary Orders to Support Employers In Response To COVID-19

  March 20, 2020In an effort to provide additional support to Oregonians during the COVID-19 pandemic response, the Oregon Bureau of Labor and Industries (BOLI) issued two temporary administrative orders (“Order”) that will have immediate impact on mo...
  By Kathryn M. Hindman & Jessica D. Osborne
  

• Families First Coronavirus Response Act Summary for Employers

  March 19, 2020At a time when Oregon and Washington employers are bracing themselves for the evolving dynamics of COVID-19, on March 18, 2020, the President signed legislation meant to combat the economic impact of the coronavirus epidemic. Known as the Families...
  By Kathryn M. Hindman
  

• COVID-19 and Employee Benefits

  March 17, 2020COVID-19 was not even a term until a few months ago.  Now it is impacting every facet of our lives.  Bullard Law is receiving myriad questions related to COVID-19 and every aspect of the employer/employee relationship including employee ...
  By Jason W. Douthit
  

• Employers Should Stock Up on COVID-19 Response Tools

  March 6, 2020While there are many unknowns associated with the COVID-19 virus, employers should be using this time to take proactive steps to determine how they are going to respond.
  By Kathryn M. Hindman & Liani J. Reeves
  

• NLRB Passes Final Rule on Joint Employer Status

  February 26, 2020Today, the National Labor Relations Board (NLRB) issued its final rule that will guide those covered by the National Labor Relations Act (NLRA) in determining whether a business is a “joint employer” of employees directly employed by a...
  By Jessica E. Wilcox
  

• Reminder: These Oregon Laws in Effect January 1

  January 3, 20202020 is here, which means now is a great time to remind our readers of the Oregon employment-related laws passed during the 2019 legislative session that take effect in the new year. Employer Accommodation for Pregnancy-Related Conditions Ef...
  By Jessica D. Osborne