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

CDC Guidelines Reduce Isolation for Covid-19 from 14 to 10 Days

Recently, the CDC changed its guidelines for when individuals can end isolation after a Covid-19 diagnosis or symptoms. Employers should consider amending return to work rules to reflect the CDC’s position. The CDC now suggests isolation in connection with Covid-19 for 10 days rather than 14 days with the following parameters: If an individual thinks… Continue reading CDC Guidelines Reduce Isolation for Covid-19 from 14 to 10 Days

Washington Protections for High Risk Employees – Extended Indefinitely

Back in April, Governor Inslee issued Proclamation 20-46 (P 20-46) which adopted protections for  public and private sector workers in high-risk categories from the significant life, health and safety risks of COVID-19. 20-46 – COVID-19 High Risk Employees. P 20-46 was set to expire on June 1, 2020, and provides that: Employers are prohibited from failing to… Continue reading Washington Protections for High Risk Employees – Extended Indefinitely

More CDC Guidance on Employee Testing

The CDC has issued guidance to provide non-healthcare employers with strategies for consideration of incorporating testing for COVID-19 into a workplace COVID-19 preparedness, response, and control plan. Of particular interest to employers is the CDC’s current position on testing to determine resolution of infection, i.e., requiring a negative test before an employee can return to work.… Continue reading More CDC Guidance on Employee Testing

DOL Adds Covid-19 Guidance

The DOL has added Covid-19 related guidance under the FLSA and  FMLA. The FLSA guidance includes answers about pay for telework, job duties for remote workers, pay for flexible work from home schedules, hazard pay, and salary reductions for exempt employees. https://www.dol.gov/agencies/whd/flsa/pandemic#q9 The FMLA guidance addresses a number of questions, including whether leave taken by… Continue reading DOL Adds Covid-19 Guidance