2021 Archives

Alerts

• Ten Things Oregon and Washington Employers Should Know For 2022

  December 29, 20211. Omicron Variant Continues to Spread, and Employers Must Continue Compliance with Facemasks, Sanitation, HVAC, Other Precautions The Omicron variant of the SARS-COV-2 virus is quickly becoming the dominant variant around the nation and global...
  By Heather J. Van Meter
  

• OSHA Vaccine Mandate Update

  December 21, 2021Supreme Court Justice Brett Kavanaugh has given the Biden administration until December 30 to respond to a cascade of lawsuits appealing the OSHA vaccine mandate for workers to go into effect. Business groups, religious entities, and 27 U.S. state...
  By Christine M. Zinter
  

• Déjà vu All Over Again: Employer Vaccine-or-Test Mandate Back on Course (For Now)

  December 20, 2021Late Friday evening, the U.S. Court of Appeals for the Sixth Circuit, in a surprise opinion, dissolved the injunction placed by the U.S. Court of Appeals for the Fifth Circuit to block OSHA’s COVID-19 vaccination and testing emergency tempor...
  By Christine M. Zinter
  

• Federal Contractors’ Vaccine Mandate Blocked Nationwide

  December 8, 2021Yesterday, a federal judge in Georgia placed a nationwide injunction on the Biden Administration’s vaccine mandate for federal contractors. As noted in our previous alert, a federal judge in Kentucky enjoined the mandate in Kentuck...
  By Christine M. Zinter
  

• President Biden Announces New Action Plans to Battle COVID-19 Including Mandate that Group Health Plans Cover Free At-Home Testing

  December 2, 2021Earlier today, The White House released a statement indicating President Biden will be announcing new actions to battle COVID-19 as we head into winter and face the new Omicron variant. Of interest to employers and your group health plans is th...
  By Christine M. Zinter
  

• COVID Vaccine Mandate for Healthcare Workers On Hold Nationwide and Other COVID Developments

  December 1, 2021A federal judge in Louisiana halted implementation nationwide of President Biden’s vaccine mandate for healthcare workers. Louisiana Federal Judge Terry Doughty has issued a nationwide preliminary injunction against President Biden’...
  By Heather J. Van Meter
  

• OSHA Suspends Enforcement of Vaccine Mandate for Employers with 100+ Employees

  November 17, 2021 Yesterday, November 16, the federal Occupational Safety and Health Administration (OSHA) announced that it is suspending all its implementation and enforcement efforts related to the Emergency Temporary Standard (ETS) mandating vaccination or we...
  By Christine M. Zinter
  

• The Cost of Workplace COVID-19 Testing – Dollars and Sense

  November 12, 2021 An employer with 100 employees, of whom 20% are not vaccinated (according to Nov. 9, 2021 CDC data, 80.9% of Oregon’s adult population are partially or fully vaccinated) will spend upward of $12,000 per month to supply weekly COVID-19 test...
  By Christine M. Zinter
  

• Federal Appeals Court Blocks Emergency Vaccine Rule. What Does This Mean for Employers?

  November 8, 2021 By now, you’ve heard that on Saturday, November 6, the Court of Appeals for the Fifth Circuit issued a temporary stay order, blocking OSHA from implementing its contentious vaccine mandate until the “grave statutory and constitutiona...
  By Christine M. Zinter
  

• OSHA Releases Vaccine Mandate Emergency Temporary Standard with Few Surprises

  November 5, 2021Yesterday (November 4, 2021), the Department of Labor’s Occupational Safety and Health Administration (OSHA) pulled back the curtain on its Emergency Temporary Standard (ETS) about two months after President Biden announced that a vaccine-or...
  By Christine M. Zinter
  

• Traps for the Unwary Employer with Washington Residents as Telecommuters

  November 2, 2021Washington’s new “LTC payroll tax law,” more appropriately referred to as the Long Term Care (LTC) Services and Supports Act, takes effect January 1, 2022. This new payroll tax of 0.58 percent on the W-2 payroll of Washington emp...
  By Christine M. Zinter
  

• Group Health Plans & COVID-19 Vaccinations: Premium Surcharges Clarified in Time for Open Enrollment

  October 19, 2021 Although OSHA has yet to publish the anticipated Emergency Temporary Standard (ETS) regarding President Biden’s COVID-19 workplace vaccination and testing mandate, it is realistic to expect the final draft of the regulation to be made publ...
  By Christine M. Zinter
  

• Oregon Judge Issues First Ruling Rejecting Challenges to State’s Vaccine Mandates

  October 11, 2021 In the Jefferson County, Oregon case of Oregon Fraternal Order of Police v. Governor Kate Brown and State of Oregon, Case No. 21CV35125, thirty-three state police officers and two associations representing police and firefighters challenged the ...
  By Heather J. Van Meter
  

• Does Washington’s New Long Term Care Payroll Tax Apply to Your Employees?

  September 9, 2021 Many employers in Washington and Oregon are just now learning about Washington’s new long-term care payroll tax. Managing COVID, labor shortages, and a mountain of work has taken priority for many months, but Washington’s newest payr...
  By Heather J. Van Meter
  

• BREAKING: President Biden Announces New Rule Mandating Employee Vaccines or Weekly Testing For All Employers with 100+ Employees and Other Employees

  September 9, 2021 Attempting to address the ongoing COVID-19 pandemic and spike in cases and hospitalizations nationwide, President Biden announced major new efforts to require vaccinations among workers nationwide today. President Biden has directed the Occupati...
  By Heather J. Van Meter
  

• COVID-19 Delta Variant Surge Leads to New Statewide Mask and Vaccine Mandates in Oregon and Washington

  August 23, 2021Delta Variant Continues to Surge The Delta variant of the COVID-19 virus continues to surge throughout the region, leading to the highest numbers of cases to date, and causing record hospitalization rates which are threatening to overwhelm the ...
  By Heather J. Van Meter
  

• Delta Variant on the Rise, Causing New Mandates for Masks and Vaccinations

  August 10, 2021In Oregon and Washington, and elsewhere in the country, the Delta variant of COVID-19 is causing spikes in the numbers of positive COVID-19 cases, as well as increased hospitalizations. The Delta variant is a mutation of the original COVID-19 viru...
  By Heather J. Van Meter
  

• Multnomah County Now Strongly Urging Everyone To Wear Masks Indoors; CDC Recommends Wearing Masks Indoors Regardless If Vaccinated

  July 27, 2021 Following a recent surge in COVID-19 cases largely due to the Delta variant, Multnomah County issued a new advisory on July 26, strongly urging everyone age five years and up to wear masks indoors around people outside the same household. One da...
  By Heather J. Van Meter
  

• Oregon’s 2021 Legislative Session Brings Significant Changes for Employers

  July 23, 2021The Oregon State Legislature adjourned its 2021 session at the end of June, but not before passing a slew of bills, some of which bring noteworthy changes for Oregon employers. Many of the new laws and updates attempt to lessen the significant imp...
  By Naomi D. Johnson & Liani J. Reeves
  

• Gov. Inslee Changes Course in Washington, Unmasking Only for Vaccinated Persons; Oregon and Washington Revised Requirements Begin Today

  June 30, 2021 Washington Update Late on June 29, Washington Gov. Inslee reversed course and will only permit the general public to go without masks if they are fully vaccinated. This means customers in stores and visitors inside businesses can on...
  By Heather J. Van Meter
  

• Oregon and Washington Lifting Most COVID Restrictions On June 30

  June 28, 2021 On June 25, Oregon Governor Brown announced the lifting of most COVID-related restrictions within Oregon, which will take place on June 30 or earlier if Oregon’s adult first-vaccination rate reaches 70%. Washington...
  By Heather J. Van Meter
  

• Oregon Legislature, Nearing End of Session, Passes New Laws on Non-Competes, Hairstyles at Work, Equity at Public Schools, and Education Dress Codes

  June 21, 2021 The Oregon Legislature is nearing the end of this Legislative Session and is busy with state budgeting and finding time to pass new laws impacting employers, employees, and public education. These laws include further restricting employee non-co...
  By Heather J. Van Meter
  

• Latest U.S. Supreme Court Case Favors Religious Rights Over Laws Prohibiting Discrimination Against LGBTQ+, Signals Potential Expansion of Religious Rights

  June 18, 2021In a potential expansion of religious freedom rights, yesterday the U.S. Supreme Court in the case of Fulton v. City of Philadelphia, Pennsylvania, held that the City of Philadelphia could not require Catholic Social Services, a group contracting ...
  By Heather J. Van Meter
  

• U.S. OSHA Issues New COVID-19 Emergency Temporary Standards for Healthcare Settings and Revises Guidance for Other Workplaces If All Employees Are Fully Vaccinated

  June 11, 2021Yesterday, the U.S. Department of Labor’s Occupational Safety and Health Administration (U.S. OSHA) issued revised rules containing long-anticipated Emergency Temporary Standards for the healthcare industry. 29 CFR 1910 Subpart U.  The ...
  By Heather J. Van Meter
  

• Washington “Unmasks” Persons Fully Vaccinated from COVID-19 Except in Special Settings

  May 25, 2021Washington’s Secretary of Health signed an order on May 15 allowing fully vaccinated persons to forego masking requirements statewide except in healthcare settings, correctional facilities, homeless shelters, and schools.  Additional...
  By Heather J. Van Meter
  

• OR-OSHA Issues Statement on Vaccinated Persons, Following Up on New OHA Guidance

  May 19, 2021 In response to the new Oregon Health Authority (OHA) guidance regarding the masking requirements for vaccinated persons (see yesterday’s alert), the Oregon Occupational Safety and Health Administration (OR-OSHA) today released its own stat...
  By Heather J. Van Meter
  

• Oregon Health Authority Issues Revised Masks Guidance Statewide, Adjusted for Vaccinated People

  May 18, 2021Today, the Oregon Health Authority issued its revised guidance for the use of face masks, face coverings, or face shields (“masking requirement”) in light of the U.S. Centers for Disease Control’s revised guidance allowing vaccin...
  By Heather J. Van Meter
  

• Washington State’s New Long-Term Care Payroll Tax Begins 1-1-2022: What You Need to Know

  May 10, 2021Washington state recently passed the Long-Term Care Act, creating a new employee payroll tax of 0.58% on employee income. SB 1323 was signed into law late last month, and it amends RCW 50B.04 to create the country’s first state-run long-term...
  By Heather J. Van Meter
  

• Oregon Court of Appeals Holds Anyone Can Be Liable for “Aiding and Abetting” Unlawful Employment Practices

  May 6, 2021 The Oregon Court of Appeals held on May 5, 2021, that anyone could be sued and held liable for “aiding and abetting” unlawful employment practices, not just employers or employees, as the federal court in Oregon had consistently prev...
  By Heather J. Van Meter
  

• OR-OSHA Issues New Permanent Rules for All Oregon Workplaces During COVID-19

  May 5, 2021Oregon’s Occupational Safety and Health Division (OR-OSHA) issued its much-anticipated permanent rules for addressing COVID-19 at all workplaces in Oregon. Oregon Administrative Rule 437-001-0744 became effective on May 4, 2021.  The...
  By Heather J. Van Meter
  

• EEO-1 Required Data Collection Now Open (through July 19, 2021)

  April 27, 2021On April 26, 2021, the Equal Employment Opportunity Commission (EEOC) issued a bulletin announcing that required EEO-1 component data collection for 2019 and 2020 is now open for reporting. The EEOC suspended EEO-1 data collection for 2019 due to ...
  By Jessica D. Osborne
  

• [Don’t] Keep the Change: NLRB Declines to Modify its “Contract Bar” Rule 

  April 22, 2021 After receiving requested briefs from employer advocates, unions, lawmakers, and public input, the National Labor Relations Board (“NLRB”) declined to modify its “contract bar” rule in a decision released on Wednesday, Ap...
  By Paige Alli & Dennis E. Westlind
  

• American Rescue Plan Act Mandates COBRA Subsidies Through September 2021 for COBRA Qualifying Beneficiaries Who Lose Coverage Due to Involuntary Termination or Reduction in Hours

  April 6, 2021The sweeping legislation under the American Rescue Plan Act (“ARPA”), passed by Congress and signed by President Biden in March, included a small but significant set of provisions requiring employers to subsidize COBRA continuation cov...
  By Kara Backus
  

• CDC Issues New Guidance for K-12 Schools' Re-Opening to In-Person Instruction

  February 17, 2021The U.S. Centers for Disease Control and Prevention (CDC) issued its long-awaited revised guidance for re-opening K-12 schools for in-person instruction. This comprehensive 38-page guidance comes as K-12 schools have begun planning for or hav...
  By John M. Stellwagen & Heather J. Van Meter
  

• A Proactive Look at the PRO Act

  February 9, 2021With the Democratic Party now holding a narrow majority in the Senate, the Protecting the Right to Organize Act (“PRO Act”) has newfound life nearly a year after dying upon passage by the House majority on February 10, 2020. The PRO Ac...
  By Jessica D. Osborne & Dennis E. Westlind
  

• COVID and Employers: U.S. OSHA Releases New Guidance for Maintaining “Safe Workplaces”

  February 4, 2021On January 20, 2021, the United States Occupational Safety and Health Administration (U.S. OSHA) issued new guidance on how employers can maintain safe and healthy workplaces to protect employees from COVID-19, including a comprehensive list of pr...
  By Heather J. Van Meter
  

• Heads (and Policies) Roll at the NLRB

  February 3, 2021In case you missed it, one of President Biden’s first official acts on Inauguration Day was to remove National Labor Relations Board (“NLRB” or "Board") General Counsel Peter Robb. The General Counsel role has...
  By Dennis E. Westlind
  

• New Administration, New Day: President Biden Continues Changes in Labor and Employment World

  February 2, 2021As we reach the end of Week 2 of the new administration, it is already apparent that there will be significant impacts in the area of employment law. Here is a summary of some of the key actions that will change the labor and employment landscape ...
  By Jessica D. Osborne & Liani J. Reeves
  

• Second Day Sees Focus on COVID-19 Response: Employers Get Ready

  January 22, 2021On Day 2, President Biden continued to prioritize the coordination of a federal response to the COVID-19 pandemic, issuing a number of executive actions that include directing federal agencies to provide additional guidance on opening schools and ...
  By Jessica D. Osborne & Liani J. Reeves
  

• President Biden Signs Multiple Executive Orders Relating to Federal Workplaces on Day One

  January 21, 2021As expected, the Biden Administration hit the ground running yesterday, including firing the Trump-appointed general counsel for the National Labor Relations Board and signing 17 Executive Actions. This Alert covers several of those actions that c...
  By Jessica D. Osborne