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Showing posts for: Kara Craig

Feb 03 2022
COVID-19Safety and Health

OSHA withdraws large employer vaccination ETS

On January 26, 2022, OSHA officially withdrew its COVID-19 (coronavirus) emergency temporary standard (ETS) for employers with 100 or more employees. As we previously reported, the Supreme Court had stayed enforcement of the ETS to allow lawsuits challenging it to proceed to a full hearing with the Sixth Circuit Court of Appeals. The ETS isn’t…

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Jan 06 2022
COVID-19Safety and Health

OSHA COVID-19 Vaccination and Testing ETS timelines clarified

The U.S. Supreme Court will hear oral arguments over the OSHA COVID-19 (coronavirus) Vaccination and Testing Emergency Temporary Standard (ETS) for employers with 100 or more employees on January 7, 2022. The ETS requires covered employers to ensure that workers who aren’t fully vaccinated are tested at least weekly for COVID-19. We expect the court…

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Jan 06 2022
COVID-19Safety and Health

CDC shortens COVID-19 isolation and quarantine periods

On December 27, 2021, the Centers for Disease Control and Prevention (CDC) announced shortened isolation and quarantine periods for individuals who contract or are exposed to COVID-19 (coronavirus). The agency received some pushback, so it published additional details on its Quarantine and Isolation web page (updated January 4, 2022). Isolation after testing positive: The new…

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Oct 21 2021
COVID-19DisabilityPrivacy & Confidentiality

Q&A: HIPAA doesn’t apply to employee information

Question: We implemented a mandatory COVID-19 (coronavirus) vaccine policy for all employees. Some employees are refusing to produce proof of vaccination status because they believe they have the right to refuse under the Health Insurance Portability and Accountability Act (HIPAA). We’re a private employer operating a manufacturing facility. Does HIPAA apply to us? Answer: No….

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Sep 02 2021
COVID-19OregonSafety and Health

OREGON: Rules for outdoor mask mandate published

On August 27, 2021, the Oregon Health Authority (OHA) published temporary regulations requiring masks to be worn outdoors as well as indoors, with limited exceptions, effective immediately. The new rules incorporate and replace the existing indoor mask requirements that we previously reported here. The added outdoor mask mandate says that regardless of vaccination against COVID-19…

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Jul 01 2021
Uncategorized

Q&A: Do we need to provide Juneteenth as a paid holiday?

Question: Now that Juneteenth has officially been made a federal holiday, do we need to give people the day off? Answer: Although June 19 has been designated as a federal holiday, as with all federal holidays, most private employers aren’t legally required to observe them. Whether you observe the new Juneteenth holiday will depend on…

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Jul 01 2021
COVID-19OregonSafety and Health

OREGON: Workplace mask and distancing rules lifted

Governor Kate Brown issued an executive order rescinding mask, distancing, and other COVID-19-related restrictions for the general public in Oregon, effective Wednesday, June 30, 2021. Also on June 30, Oregon OSHA published its revised Rule Addressing Covid-19 Workplace Risks, which eliminates the requirements for workplace masks and distancing (regardless of employees’ vaccination status), with certain…

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Jun 17 2021
COVID-19Oregon

OREGON: OHA again allows for shortened quarantine

In updated Statewide Isolation and Quarantine Guidance issued on June 4, 2021, the Oregon Health Authority (OHA) is again allowing a shortened quarantine period for people who have had close contact with a confirmed positive COVID-19 (coronavirus) case. While OHA continues to recommend a 14-day quarantine period for employees who have come in close contact…

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Jun 17 2021
Leave LawsQ&AWashington

Q&A: Does compliance with workers’ comp satisfy FMLA obligations?

Question: Our employee was injured at work and needs to be off work for two months. The employee filed a workers’ compensation claim, which was accepted. The plant manager told the employee that medical leave is covered by workers’ comp and to call when they’re cleared to come back to work. Are we missing something?…

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Apr 15 2021
COVID-19Leave Laws

Q&A: FFCRA includes time off for vaccine side effects

Question: One of our employees is experiencing side effects after getting a COVID-19 vaccination. We have fewer than 500 employees and we’re pursuing the voluntary tax credits under the Families First Coronavirus Response Act (FFCRA). Is this employee eligible for paid leave under FFCRA for the time she can’t work? Answer: Yes, as of April…

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Apr 01 2021
Harassment & DiscriminationWage and Hour

Ninth Circuit applies broad standard for equal work

The U.S. Ninth Circuit Court of Appeals recently ruled that differences in pay for men and women in jobs that share a “common core of tasks” may trigger liability under the federal Equal Pay Act (EPA) and a similar Oregon state law that was in effect until January 1, 2019. A female psychology professor at…

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Feb 04 2021
COVID-19DisabilityQ&A

Q&A: Plan ahead in encouraging COVID-19 vaccinations

Question: Some of our employees have expressed concern about the possibility of a mandatory vaccine policy. What could we do to incentivize our employees to get vaccinated against COVID-19? What legal issues should we worry about? Answer: The Centers for Disease Control and Prevention (CDC) has released a Vaccination Toolkit for Essential Workers, which includes…

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