2022 Archives

Alerts

• Oregon Supreme Court Rules State Wage Law Same as Federal Wage Law for Compensation of Employees’ On-Site Security Screening Time

  December 15, 2022 On December 15, the Oregon Supreme Court held that state wage law is the same as federal wage law for purposes of determining whether employee time spent in on-site security screenings is to be paid work time. The court, responding to a Ninth Ci...
  By Heather J. Van Meter
  

• NLRB Adds New Remedies to its Arsenal

  December 14, 2022 On November 12, 2022, the National Labor Relations Board (NLRB) ruled 3-2, along party lines, to give itself new power to require payment of "consequential damages" for employer violations of federal labor laws. Through this ruling, th...
  By John M. Stellwagen & Heather J. Van Meter
  

• Oregon Public Health Emergency Triggers Changes to OFLA Eligibility

  December 6, 2022 On November 14, 2022, Oregon Governor Kate Brown issued Executive Order No. 22-23, declaring a public health emergency due to an alarming uptick in respiratory syncytial virus (RSV) and influenza cases. This declaration remains in...
  By Christine M. Zinter
  

• NLRB General Counsel Proposes Sweeping Changes Impacting Employer Use of Technology to Manage and/or Monitor Employees

  November 1, 2022In sweeping new proposals, the National Labor Relations Board (NLRB) General Counsel, Jennifer Abruzzo, yesterday announced her intention to limit employers in their ability to rely upon commonly used electronic monitoring and management technolog...
  By Paige Alli, Richard J. Alli, Jr. & John M. Stellwagen
  

• States Jointly Issue New Paid Leave Guidance for Oregon-Washington Employers

  October 14, 2022 In a rare joint issuance, the state agencies in charge of paid Family Medical Leave (FML) programs in Oregon and Washington have issued clarification on which state’s paid leave program applies for employees crossing the states’ join...
  By Heather J. Van Meter
  

• DOL lssues New Independent Contractor Rule

  October 11, 2022 The U.S. Department of Labor (DOL) has issued its anticipated proposed rule to clarify who is an independent contractor under the federal Fair Labor Standards Act (FLSA). Under the current 2021 rule, two “core factors,” ...
  By Christine M. Zinter
  

• Paid Leave Oregon – Volume 2: Employee Communications

  October 4, 2022 As outlined in our previous alert, effective January 1, 2023, most Oregon employees and employers will begin paying into the new Family and Medical Leave Insurance (“FMLI”) program, Paid Leave Oregon. Employers who have not been...
  By Christine M. Zinter
  

• Paid Leave Oregon – Volume 1: Is Pursuing an “Equivalent Plan” Right for Your Business?

  September 13, 2022 Oregon House Bill 2005, designed to provide nearly all working Oregonians with paid family and medical leave, passed the legislature on a 21-6 bipartisan vote in 2019. However, COVID delayed the design and implementation of the program, touted a...
  By Paige Alli & Christine M. Zinter
  

• Biden NLRB Board Changes Rules Regarding Employee Dress Codes

  September 6, 2022 On August 29, 2022, the National Labor Relations Board (“the Board”) issued its decision in Tesla, Inc., and overturned the precedent set by a 2019 ruling regarding dress code policies at Wal-Mart, where the employer was able to...
  By Paige Alli
  

• Hiring & Retention Bonus Exclusions Under the Oregon Equal Pay Act End September 28

  August 23, 2022The Oregon Equal Pay Act prohibits employers from discriminating between employees in the payment of wages or other compensation for “work of a comparable character” unless the wage differential is based on certain bona fide factors su...
  By Christine M. Zinter
  

• Oregon Minimum Wage – B Alert Correction!

  July 29, 2022It has been brought to our attention that our Minimum Wage Alert dated June 23, 2022 reported an incorrect increase for employers located in the Non-Urban areas of Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klamath, Lak...
  

• Employee Benefit Plans in a Post-Roe World: Avoiding Criminal Liability and Other Considerations

  June 30, 2022As has been widely reported, the Supreme Court released its opinion in Dobbs v. Jackson Women’s Health Organization on Friday, June 24, overturning the Court’s 1973 decision in Roe v. Wade which held the United Stat...
  By Christine M. Zinter
  

• Oregon Minimum Wage Increasing July 1, 2022

  June 23, 2022 A reminder to Oregon employers that starting July 1, 2022, minimum wage workers in Oregon will see an increase in pay. These new rates are in effect from July 1, 2022, to June 30, 2023.    Due to Oregon’s three-tiered minimum...
  By Christine M. Zinter
  

• What is Web Scraping and Why Should Employers Be Concerned?

  May 17, 2022 The Ninth Circuit Court of Appeals recently ruled in LinkedIn v. hiQ Labs, Inc. that “web scraping” is likely not illegal and allowed web scraping company hiQ Labs, Inc. to “web scrape” LinkedIn’s website,...
  By Heather J. Van Meter
  

• "Divesting” from Russia: What Employers Should Consider

  March 4, 2022 Many large companies have announced they are divesting from Russia due to Russia’s invasion of Ukraine. The moves impact many aspects of Russia’s economy, from energy to news, furniture to clothing. BP and Shell have announced they a...
  By Heather J. Van Meter & Christine M. Zinter
  

• What does "Endemic COVID" mean for employers?

  February 22, 2022 The easing of COVID restrictions around the country amid discussion of “living with COVID” will require employers to be more vigilant in many ways while simultaneously attempting to return to normal or a new normal. Some employers ne...
  By Heather J. Van Meter
  

• Employer’s Responsibility to Withhold New Portland-Based Personal Income Taxes

  February 9, 2022 With tax season right around the corner, employers may find themselves suddenly fielding inquiries about two new Portland taxes that became effective January 1, 2021 and will first be due April 15, 2022. In May 2020, voters in the greater Portla...
  By Christine M. Zinter
  

• Oregon Makes Indoor Mask Mandate Permanent, but May Lift by March 31

  February 8, 2022On Monday, the Oregon Health Authority issued a permanent rule, OAR 333-019-1025, making the state’s indoor mask mandate permanent unless, and until, an order is issued by the Public Health Director or Health Officer rescinding some or all o...
  By Heather J. Van Meter
  

• Washington Long-Term Care Tax Officially Postponed

  February 2, 2022On January 27, 2022, Washington Governor Jay Inslee signed House Bills 1732 and 1733, delaying and amending the Washington Cares Act (often referred to as the Long-Term Care premium tax). Employer Takeaway: The bills delay the obligation to wit...
  By Christine M. Zinter
  

• So What Can Oregon and Washington Employers Do Now That The Supreme Court Ruled?

  January 18, 2022 Now That the Supreme Court Struck Down the OSHA Vaccine-or-Test Mandate, Can I Require Employees to be Vaccinated? Yes, private employers can choose to mandate vaccines, or a vaccine-or-test regime, for their companies. Both Oregon and Washin...
  By John M. Stellwagen & Heather J. Van Meter
  

• Health Plans Required to Pay for Over-the-Counter COVID-19 Tests

  January 13, 2022SUMMARY Earlier this week, the U.S. Department of Health & Human Services, Department of Labor, and the Treasury (the “Tri Agencies”) published guidance outlining that health plans and health insurance companies must cover and/o...
  By Christine M. Zinter
  

• U.S. Supreme Court Issues Stay of OSHA’s Private Employer Vaccine-or-Test Mandate; CMS’s Medicare/Medicaid Vaccine Mandate Survives

  January 13, 2022Private Employer Vaccine-or-Test Mandate Stay Issued – Employers Do Not Need to Comply with OSHA Rule but Still Comply With State Laws The Supreme Court issued its much-anticipated ruling today, staying and putting on hold the private emp...
  By Heather J. Van Meter