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Nov 19 2020
COVID-19OregonSafety and Health

OREGON: Governor orders temporary “freeze” to control COVID-19

Governor Kate Brown has issued Executive Order 20-65, limiting gatherings, recreation, and certain indoor and outdoor activities through December 2, 2020, to control the spread of COVID-19 (coronavirus). The latest restrictions don’t replace any existing industry-specific or workplace guidance, requirements, or restrictions, so long as they’re consistent with the Order. The Oregon Health Authority (OHA)…

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Aug 20 2020
Harassment & DiscriminationQ&A

Q&A: Establish a policy on political speech on clothing

Question: One of our employees wore a t-shirt in support of a political cause yesterday. Today another employee arrived at work wearing a mask with messaging in favor of her political party. I sense a slippery slope here. Do we have to allow this? Answer: No. Employees don’t have First Amendment rights in the private…

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Aug 06 2020
COVID-19DisabilityLeave Laws

DOL expands FMLA COVID-19 FAQs

The U.S. Department of Labor (DOL) recently added questions #12-13 to its frequently asked questions about administering the Family and Medical Leave Act (FMLA) in light of COVID-19 (coronavirus). The FMLA provides protected leave when an employee is unable to work due to their own or a family member’s serious health condition. A “serious health…

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Jul 09 2020
COVID-19DisabilitySafety and Health

Q&A: Understand record retention rules for health screenings

Question: We’re requiring employees, contractors, and visitors to our facility to provide their temperatures and answer health screening questions. Do we have to keep records of the answers, and if so, for how long? Answer: There’s no legal obligation to create a written record of actual temperatures or answers to a health screening questionnaire. However,…

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Jun 18 2020
Labor RelationsQ&A

Q&A: Know how to address inflammatory social media posts

Question: Several employees have reported that a coworker posted offensive content on Facebook about the recent protests. They say that she’s making “racist” comments and it makes them uncomfortable. Can we discipline the employee? If not, what else can we do to address this behavior? Answer: First, gather all of the facts. Find out exactly…

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May 21 2020
COVID-19DisabilityOregon

OREGON: Retailers must provide face coverings for workers

On May 15, 2020, Governor Kate Brown issued new guidance for reopening businesses throughout the state of Oregon. The mask and face covering guidance says that certain businesses, including retail stores, must require employees, contractors, and volunteers to wear a mask, face shield, or face covering to prevent the spread of COVID-19 (coronavirus). These businesses…

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May 21 2020
COVID-19Leave Laws

Q&A: Decide how to handle holiday pay during FFCRA leave

Question: We have a full-time employee who’s currently on paid leave under the Families First Coronavirus Response Act (FFCRA) because his young child’s school has been closed due to COVID-19. Our policy says that in order to receive holiday pay, you must work the day before and the day after the holiday. Do we owe…

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May 14 2020
COVID-19DisabilitySafety and Health

EEOC updates guidance on COVID-19 disability accommodations

The U.S. Equal Employment Opportunity Commission (EEOC) recently clarified in its COVID-19 FAQs what to do if an employee with a disability has one of the underlying medical conditions identified by the Centers for Disease Control and Prevention (CDC) that puts them at higher risk of severe illness from COVID-19 (coronavirus). The FAQs address common…

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May 07 2020
COVID-19

Homeland Security temporarily eases immigration for ag workers

The Department of Homeland Security has published a temporary final rule to streamline the employment of temporary and seasonal agricultural workers with valid H-2A status who are already in the U.S. The H-2A immigrant classification applies to alien workers who perform agricultural work of a temporary or seasonal nature, usually lasting no longer than one…

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Apr 23 2020
COVID-19Immigration

Homeland Security extends some employment authorizations

The Department of Homeland Security issued a news release to address immigration-related challenges related to the pandemic. As a result, employers may have some leeway when updating expiring Form I-9 documentation of employees who used an I-94 as proof of authorization to work. The DHS indicates if an individual files for a timely extension, employment…

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Apr 03 2020
COVID-19

Background check disclosure okay despite extra language

The U.S. Ninth Circuit Court of Appeals recently ruled that an employer complied with the stand-alone disclosure restrictions imposed by the federal Fair Credit Reporting Act (FCRA) despite adding minimal language about what the background check (“consumer report”) entailed, how it would be obtained, and how the information would be used for employment purposes. As…

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Mar 27 2020
COVID-19OregonSafety and Health

OREGON: Workers can report workplace COVID-19 safety violations

Oregon Governor Kate Brown is encouraging workers who believe their company isn’t following safety and health advisories related to COVID-19 (coronavirus) to file a report online with Oregon’s Occupational Safety and Health Administration. Oregon OSHA has the authority to investigate the complaint and require compliance with all workplace restrictions related to the coronavirus. The OSHA…

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