CDC Revises Definition of “Close Contact”

Recently, the CDC updated the definition of “close contact” for purposes of identifying individuals who may have been exposed to someone with Covid-19 and who should quarantine to avoid further transmission of the virus. Close contact is now defined as follows: Someone who was within 6 feet of an infected person for a cumulative total… Continue reading CDC Revises Definition of “Close Contact”

Updated OHA Guidance on Face Coverings/Masks and Face Shields

On October 19, 2020, as authorized by Executive Order 20-27, the Oregon Health Authority issued updated guidance for wearing masks, face coverings or face shields. The new guidance recommends: Wearing face coverings or masks instead of face shields because face shields are not as effective at limiting the release of aerosols that can go around… Continue reading Updated OHA Guidance on Face Coverings/Masks and Face Shields

Covid-19 and OSHA Reporting and Recording

Until recently, there was no explanation of when a Covid-19-related hospitalization or fatality would qualify as “work related” so as to trigger an employer’s OSHA reporting obligations. OSHA’s recently updated FAQs explain, with respect to reporting hospitalizations: Under 29 CFR 1904.39(b)(6), employers are only required to report in-patient hospitalizations to OSHA if the hospitalization “occurs… Continue reading Covid-19 and OSHA Reporting and Recording

EEOC Updates Answers to Questions about Covid-19 and the ADA

Earlier this month, the EEOC issued updated guidance titled: “What you should know about Covid-19 and the ADA, the Rehabilitation Act and other EEO Laws.” The guidance updates the EEOC’s position on Covid-19 related inquiries, medical exams and accommodation. Highlights include: Testing: An employer may choose to administer COVID-19 testing to employees before initially permitting… Continue reading EEOC Updates Answers to Questions about Covid-19 and the ADA

DOL Issues Notice of Proposed Rule re: Independent Contractors

Earlier this week, the DOL announced a proposed rule addressing how to determine whether a worker is an employee or a contractor under the FLSA. The rule proposes to: Adopt an “economic reality” test to determine a worker’s status as an FLSA employee or an independent contractor. The test considers whether a worker is in… Continue reading DOL Issues Notice of Proposed Rule re: Independent Contractors

Oregon Covid-19 Temporary Paid Leave Program

The Oregon Department of Consumer and Business Services recently rolled out a temporary paid leave program that provides paid leave to employees who need to quarantine or isolate but do not qualify for COVID-19-related paid sick leave (or do not have access to COVID-19-related paid time off). Employees must meet all the following requirements to… Continue reading Oregon Covid-19 Temporary Paid Leave Program

OR-OSHA Covid-19 Workplace Rules & Rule Making Timeline

Back in August, Oregon OSHA issued a Draft Temporary Rule Addressing Covid-19 and requested submission of public comments by September 7, 2020. The Draft Rule includes requirements for all workplaces and specific requirements for healthcare activities. On September 10, 2020, OR-OSHA revised the rule making timeline to indicate that the temporary  rule would be adopted… Continue reading OR-OSHA Covid-19 Workplace Rules & Rule Making Timeline

Oregon Sick Child Leave Clarifications

On September 11, 2020, BOLI issued a Permanent Administrative Order amending OAR 839-009-0230 to expand the purposes for taking OFLA Sick Child Leave to include: absence to care for an employee’s child whose school or child care provider has been closed in conjunction with a statewide public health emergency declared by a public health official.… Continue reading Oregon Sick Child Leave Clarifications

Potential Changes to DOL’s Final Rule for Leave under FFCRA

Earlier this summer, a NY District Court ruled that a number of provisions in the DOL’s Final Rule for the FFCRA were invalid because they exceeded the DOL’s rule making authority. To date, it is unclear whether this court ruling impacts employers outside of New York, but employers should be aware of the following possible changes… Continue reading Potential Changes to DOL’s Final Rule for Leave under FFCRA