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Second Round of DOL Guidance Clarifies Intermittent Leave, Furloughs, and Other Crucial Questions about FFCRA

Late last night, March 26, 2020, the Department of Labor issued its second guidance on administering the emergency paid sick leave (“EPSL”) and emergency family medical leave (“EFML”) of the Families First Coronovirus Response Act (“FFCRA”). This new…
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The Impact of COVID-19 on Business Immigration

COVID-19 is rapidly affecting business immigration in multiple ways. Below is an outline of key impacts to date. Additional current information and details can be provided by attorneys in the Immigration and Labor and Employment practice groups.
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Poster, New Effective Date, and Other FFCRA Guidance Released from the Department of Labor

On March 24, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) announced its first round of published guidance to provide information to employees and employers regarding the protections and relief offered by the Families First…
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IRS Guidance for Employers on Refundable Credits for Covering Qualified Employee Leave

On March 18, 2020, Congress enacted the Families First Coronavirus Response Act (the "Act") providing for paid sick leave and expanded family and medical leave for coronavirus-related reasons and creating refundable credits for eligible employers…
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Department of Labor Releases Poster Summarizing Employee Rights under Families First Coronavirus Response Act

On March 25, 2020, the Department of Labor (DOL) released a poster summarizing rights afforded to qualified employees under the Families First Coronavirus Response Act (FFCRA). Covered employers are required to provide notice to employees of their…
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Employers to Receive Special Tax Treatment for Qualified Disaster Relief Payments

The coronavirus (COVID-19) epidemic was recently declared a disaster under the Stafford Disaster Relief and Emergency Act. This triggers special tax treatment for qualified disaster relief payments (“QDR payments”). To the extent not covered by…
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Families First Coronavirus Response Act: What Employers Need to Know

On March 14, 2020, the U.S. House of Representatives passed the first version of HR 6201 (the “Families First Act”), an emergency relief bill with paid FMLA and paid sick leave benefits for employees experiencing employment loss due to the COVID-19…
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Oregon Employers: Remember Your Employee Leave Obligations as COVID-19 Spreads - Update

On March 18, 2020, BOLI adopted an emergency rule expanding the reasons for which an employee can take OFLA protected leave. BOLI expanded the definition of sick child leave to include “absence to care for an employee’s child whose school or place of…
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Oregon Employers: Remember Your Employee Leave Obligations as COVID-19 Spreads

As the number of confirmed cases of COVID-19 in Oregon continues to rise, employers must remain particularly mindful of their various statutory obligations to provide protected leave and benefits.
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Potential Expansion of FMLA Protection in Response to COVID-19 Pandemic

We are endeavoring to keep you up-to-date on developments from COVID-19 impacting the workplace. In response to the pandemic, the U.S. House has passed a bill that would provide for paid leave and would expand protection under the Family and Medical…
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Oregon Legislation to Prohibit Hair-Based Discrimination

It appears Oregon will be joining the wave of states enacting laws against hair-based discrimination. House Bill 4107 would amend antidiscrimination statutes in Oregon to include discrimination based on hairstyle.
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New Oregon Employment Laws for 2020

The Oregon legislature has been busy. A number of new laws affecting Oregon employers go into effect in 2020
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Department of Labor Announces Final Rule on Joint Employer Liability

The United States Department of Labor issued its Final Rule on Joint Employer Status under the Fair Labor Standards Act. The new Rule, which will become effective March 16, 2020, is a departure from the legal interpretation adopted by the Obama…
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DOL Increases Salary Basis Test for Exempt Workers

After five years of fits and starts — which we covered here, here, here, and here — the federal Department of Labor (DOL) has finalized its regulations related to the salary basis test for the so-called white collar exemptions to overtime. Effective…
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California Independent Contractor Statute

The topic of independent contractors has been at the forefront of late, with both the Department of Labor and the Oregon Bureau of Labor and Industries taking a keen interest in reviewing independent contractor relationships and enforcing wage and…
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3 New Employment-Related Laws in Oregon Impacting Cannabis Employers

New employment-related laws reflect a growing tolerance for an individual’s choices regarding consumption of cannabis and marijuana outside of the workplace. Nevada, for example, was the first state to pass a law that prohibits employers (with a…
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Oregon's Workplace Fairness Act

The landscape of laws regulating the employment relationship in Oregon seems to be constantly changing. Another big change occurred with the enactment of the Oregon Workplace Fairness Act.
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New Requirement for Noncompetition Agreements in Oregon

The Oregon legislature has added a new requirement for employers to enforce noncompetition agreements against their employees.
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Washington State to Restrict Noncompetition Agreements

Nationwide there has been continued hostility toward noncompetition agreements for employees. A noncompetition agreement is an agreement entered into by an employee by which the employee (during employment and after) agrees not to compete with the…
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New Wage Reporting Obligations for Large Employers Delayed

The ruling in the case required the Office of Management and Budget to grant a three-year approval of a revised EEO-1 form that would add new equal employment opportunity information to what the EEOC already collected from employers.
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