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

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

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

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

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

Last week, I posted (belatedly) about a NY District Court decision invalidating four provisions of the DOL Rules for the FFCRA. Yesterday, the DOL released revised rules that will go into effect on September 16, 2020. Here are the highlights: Work Availability: The DOL reaffirms that paid sick leave and expanded family and medical leave… Continue reading DOL Issues New Regulations for 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