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Don’t Forget to Update Your Anti-Discrimination Policies: Oregon Workplace Fairness Act Goes into Effect October 1, 2020

Although it may be the understatement of the century, a lot has happened in Oregon in 2020. An employer could be forgiven for overlooking that SB 726 – the Workplace Fairness Act (WFA) – goes into effect on October 1, 2020, nearly 16 months after it…
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FFCRA Update: DOL Revises Rules In Response to Court Ruling

As previously discussed, a New York court recently struck four provisions of the Families First Coronavirus Response Act (FFCRA). The ruling left many employers outside of New York wondering the extent to which the decision impacted them…
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FFCRA Update: Court Strikes Four Employer-Friendly Rules

On August 3, 2020, a federal court in New York struck four key Department of Labor (DOL) employer-friendly rules implementing the Families Firsts Coronavirus Response Act (FFCRA). Pursuant to the court’s ruling, more employees will be able to take…
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Treasury Releases Guidance on Temporary Deferral of Employee Payroll Taxes

On Friday, August 28, Treasury released Notice 2020-65, which provides guidance to employers that wish to implement President Trump’s Executive Order allowing a temporary deferral of employee-side Social Security taxes.
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What Does the Trump Order on Tax Deferrals Mean for Employers?

On August 8, 2020, President Trump issued an Executive Order directing Treasury Secretary Mnuchin to allow employers a temporary deferral on withholding, collecting, and remitting certain employment taxes. This is not a tax forgiveness, at least at…
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Oregon OSHA Releases Proposed Temporary Workplace Safety Rules for COVID-19

On August 17, 2020, Oregon OSHA released its draft temporary rules aimed at addressing the COVID-19 pandemic. Oregon OSHA will accept public comment on the proposed rules through Monday, September 7, and will implement the temporary rules – which…
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Learning Pods as a Pandemic-Era Education Choice – Where to Start

It's a sad fact that many parents with school-aged children are living in a state of anxiety, whether they are preparing for a fall of remote learning or bracing themselves to send their children back to in-person school. A supportive and safe…
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How Employers Should Handle Political Speech in the Workplace

During this time when we are seeing protests related to Black Lives Matter and COVID-19, and as political campaigns start to heat up, it can be expected that employers will start to hear more discussion of a political nature in the workplace…
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Reopening the Pacific Northwest: A Checklist for Employers

With Governors Brown and Inslee announcing their respective phased approaches to reopening the Oregon and Washington economies, employers need to start planning for how they will resume operations in a safe and legally-compliant manner given the…
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New DOL Guidance on Joint Employers, Summer School Closures, and Domestic Workers

The Department of Labor released new Q&A guidance regarding the Families First Coronavirus Response Act (FFCRA). Among other things, the guidance provides new insight on various coverage issues relating to whether domestic service workers are covered…
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Governor Releases Phase One Reopening Guidance for Oregon Employers

On May 7, 2020, Governor Brown and the Oregon Health Authority (OHA) released a series of guidelines and resources concerning the prerequisites to “Reopen Oregon.” Among the guidelines, and of immediate interest to many Oregon employers, is the…
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Further DOL Guidance on Interaction Between EPSL, EFMLA, and Employer-Provided Leave

On April 20, 2020, the Department of Labor (DOL) released further Q&A guidance (questions 80-88) regarding the Families First Coronavirus Response Act (FFCRA).
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Trump Proclamation Suspends Entry of Immigrant Visa Applicants Into U.S. for 60 Days

On April 22, 2020, President Trump issued a Presidential Proclamation temporarily suspending entry into the United States of certain foreign nationals outside the United States seeking immigrant visas. The Proclamation has several exceptions, and…
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DOL Issues Corrections to FFCRA Regulations

The Department of Labor ("DOL") issued corrections to the regulations implementing the Families First Coronavirus Response Act. While most of DOL’s corrections are technical, one of them is significant and clarifies whether employers can require…
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Pre-Employment Drug Screening Policies Are Changing for Oregon Employers

While the use of cannabis is still illegal at the federal level, 33 states now allow medical use and 11 of those states and Washington, D.C. have also legalized recreational use.
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OSHA Issues Guidance on COVID-19 Recordkeeping, Work-Relatedness Determinations

Recognizing the difficulty in assessing whether an employee contracted COVID-19 at work, OSHA released interim guidance on April 10, 2020 for how it will enforce its recordkeeping requirements. This guidance should be of interest to employers who are…
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DOL Releases Fourth Round of Q&A Guidance

On April 3, 2020, the Department of Labor (DOL) released its fourth round of Guidance regarding the Families First Coronavirus Response Act (FFCRA) in Q&A format. The new Guidance was released on the heels of the DOL’s 125-page temporary rule, our…
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DOL Announces Temporary Rules for FFCRA

On April 1, 2020, the Department of Labor (DOL) released a 125-page temporary rule to implement emergency leave laws under the Families First Coronavirus Response Act (FFCRA). The temporary rule, which largely reflects the DOL’s previously released…
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How to Manage Layoffs During COVID-19

Terminating swaths of employees is difficult for a number of reasons. For many, the hardest part is telling loyal, hardworking employees that the company simply cannot afford to keep paying them, knowing that these employees are suddenly facing large…
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DOL Releases Third Round of FFCRA Guidance, Covering Details on Exemptions, Leave Lengths, and More

On March 28, 2020, the Department of Labor (DOL) released its third round of Guidance ahead of the Families First Coronavirus Response Act’s (FFCRA) April 1, 2020 effective date. The new Guidance provides additional information regarding exemptions…
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