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Showing posts for: Lorraine Amrine

Mar 16 2023
Leave LawsOregonWorkers’ Comp

OREGON Q&A: Track OFLA after workers’ comp claim is denied

Question: We have an Oregon employee who has been off work due to an injury for 10 weeks. The employee claimed that the injury was work related, so we didn’t count the time off under OFLA. But our workers compensation carrier recently denied the claim. Now that the claim isn’t covered by workers' compensation do…

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Mar 02 2023
Leave LawsOregon

OREGON: OFLA eligibility returns to normal as health emergency ends

Oregon’s declared public health emergency due to RSV is set to expire at 12:01 a.m. on March 6, 2023, so eligibility for leave under the Oregon Family Leave Act (OFLA) will return to normal on that date. As we previously reported, Governor Kate Brown’s public health emergency declaration temporarily shrank the minimum length of employment…

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Jan 05 2023
OregonWage and Hour

OREGON: No pay due for security screening time

The Oregon Supreme Court recently ruled that Oregon wage and hour law is consistent with federal law in not requiring employees to be paid for time spent in mandatory security screenings at the end of their shifts because the screening activity wasn’t integral and indispensable to their principal work activities. As we previously reported, in…

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Nov 17 2022
Leave LawsQ&A

Q&A: Occasional exceptions to call-in policy may be needed

Question: We have an employee who is using intermittent family leave, but on a number of occasions failed to call in 30 minutes prior to shift, which is required by our call-in policy. We have told the employee that if they fail to comply with the policy again, they will be terminated. Are there any…

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Nov 03 2022
COVID-19DisabilityLeave Laws

WASHINGTON: Public health emergency ends; some duties remain

Governor Jay Inslee ended the COVID-19 public health emergency for the state of Washington on October 31, 2022, but employers still have some obligations under state law. As we previously reported, the continuing requirements for COVID-19 (coronavirus) stem from Washington’s Health Emergency Labor Standards Act (HELSA) and from an ongoing obligation to provide a workplace…

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Oct 06 2022
COVID-19Safety and HealthWashington

WASHINGTON: COVID-19 state of emergency to end October 31, 2022

Governor Jay Inslee has announced that he will end Washington’s declared public health emergency (PHE) due to COVID-19 (coronavirus) on October 31, 2022. As he previously announced, 12 health care related orders will end on October 27. The remaining COVID-19 emergency proclamations, including the state of emergency, will be rescinded at the end of the…

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Aug 18 2022
Employee ClassificationsQ&AWage and Hour

Q&A: Can we convert an employee into an independent contractor?

Question: Our employee is retiring soon, but we’d like her to finish a few projects after she retires. We don’t want to provide benefits, so we’d like to have her sign a contract saying she’s working as an independent contractor. Are we okay doing this? Answer: It’s unlikely that you’d be able to justify classifying…

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May 05 2022
HiringLeave LawsTermination & Resignation

Q&A: Temporary protected status may extend work authorization

Question: Last year during the I-9 process, a new hire showed me a Form I-766 (Employment Authorization Document) as proof of eligibility to work. The card is expiring soon and I’ve asked for updated documentation to reverify their authorization to work, but they say they don’t have any new documents. Will I have to terminate…

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Apr 21 2022
Leave LawsOregon

OREGON: Paid sick time expanded in advance of summer heat

The Oregon Bureau of Labor and Industries (BOLI) has made a permanent rule that expands the reasons for Oregon paid sick leave to include time off related to emergency evacuation orders as well as unhealthy air quality or high outdoor temperatures. The permanent rule is identical to the temporary rule we reported on last summer….

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Mar 17 2022
Wage and Hour

Q&A: Include shift differentials and bonuses in overtime calculations

Question: A swing shift employee contacted Payroll, upset that her overtime rate didn’t include her shift differential. Our policy is to only use the base rate when calculating overtime. Is that okay? Answer: The federal Fair Labor Standards Act (FLSA) requires nonexempt employees to be paid overtime at one-and-one-half times their “regular rate,” not just…

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Mar 03 2022
COVID-19CaliforniaOregon

West coast states ending indoor mask requirements

California, Oregon, and Washington are ending indoor mask requirements this month for most situations. California Governor Gavin Newsom announced that starting March 1, 2022, masks are no longer required for unvaccinated individuals in public indoor spaces and starting March 12, 2022, masks will no longer be required in schools. Oregon and Washington aren’t far behind….

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Feb 17 2022
COVID-19CaliforniaLeave Laws

Q&A: Be aware of employment protections for COVID-19 absences

Question: Early in the pandemic, we didn’t discipline for absences related to COVID-19 (coronavirus). With all that’s changed since then, can we return to our regular attendance policy? Answer: Not so fast. In any state, if an employee quarantines or isolates due to a workplace exposure, the employee may have protection under state workers’ compensation…

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