Our Festivus Present to Oregon Employers: Ten Things You Should Know for 2010
Wow, it's Festivus already, which means that in just a few short days it will be a brand new year! We have a Festivus present for Oregon employers to help you get ready: Ten things you need to know for 2010! (click on each blue hotlink for more information)
- All Oregon employers are required to post the SB 519 (Mandatory Meeting Ban) Notice to Employees.
- The H1N1 (or "swine:) flu is slowing down, but it's not gone. If you have concerns for you or your employees, Oregon has a great Flu Hotline.
- As if we needed another reason to investigate complaints of unlawful harassment, the Oregon Court of Appeals recognized a claim for negligent failure to investigate.
- Leave for Military Spouses: Employers with 25 or more employees in Oregon must provide leave to spouses of service members prior to deployment and during leave from active duty.
- In 2010, you might have a greater duty to accommodate employees' religious dress and practices.
- Domestic Violence Leave and Accommodations: Employers may not discriminate against victims of actual or threatened stalking, sexual assault or domestic violence, and must make reasonable accommodations for such employees.
- In 2010, you (and your employees!) may no longer talk on the phone while driving (unless it's with a hands-free device).
- Oregon's minimum wage will remain $8.40/hour.
- Oregon kept its disability discrimination law in tune with the federal Americans with Disabilities Act.
- Oregon has new rest and meal break regulations.
And on that note, we're off to put up our festivus pole (aluminum, high strength-to-weight ratio), air our grievances, and commit feats of strength. Happy festivus, and see you in 2010!
Oregon Expands Flu Hotline
Beginning today, November 12, the Oregon Department of Human Services (DHS) is offering expanded service on the Oregon Public Health Flu Hotline. Oregonians can call 1-800-978-3040 between 8:00 a.m. and 6:00 p.m. Monday-Friday, or 8:00 a.m. and 5:00 p.m. on weekends and holidays for information on the flu, including the H1N1 (or "swine flu") virus. Three services are available on the hotline:
- Information and referral: listen to recorded messages about the flu, or be routed to an information and referral specialist who can answer questions about the flu and vaccines;
- Telephone triage: speak to a licensed healthcare provider about flu symptoms or exposure, and receive care advice, referral to a healthcare provider, or referral to the emergency room; and
- Clinician support: doctors, lab techs, pharmacists, nurses and other healthcare professionals can receive information about H1N1 treatment options and vaccines.
Oregon employers should consider providing flu hotline information to their employees. Click here to download DHS's announcement of the flu hotline, which employers can print and distribute or email to their employees. For more information on H1N1 and the workplace, check out the DHS's flu resource website, flu.oregon.gov. Outside of Oregon, check out the Center for Disease Control's H1N1 resource site.
EEOC Updates H1N1 Guidance
The H1N1 virus (aka "swine flu") continues to spread. Is your workplace prepared? Are your policies and procedures legally compliant? In order to help employers, the Equal Employment Opportunity Commission (EEOC) updated its guidance for employers titled "Pandemic Preparedness in the Workplace and the Americans with Disabilities Act." (Click title to download). The EEOC guidance answers several common questions relating to H1N1 and compliance with the ADA. For example:
- May an employer send employees home if they display influenza-like symptoms during a pandemic? Yes. Employees who become ill with flu-like symptoms at work should leave the workplace. Directing such workers to go home is not a disability-related action if the illness is akin to seasonal influenza or the 2009 spring/summer H1N1 virus.
- How much information may an employer request from employees who report feeling ill at work or who call in sick? Employers may ask employees if they are experiencing flu-like symptoms, such as fever or chills and a cough or sore throat. Employers must maintain all information about employee illness as a confidential medical record in compliance with the ADA.
- May an employer require employees to wear face masks or gloves, or gowns to reduce the transmission of the H1N1 or flu virus? Yes. An employer may require employees to wear personal protective equipment during a pandemic.
- May an employer require its employees to adopt infection-control practices, such as regular hand washing, at the workplace? Yes. Requiring regular hand washing, coughing and sneezing etiquette, and proper tissue usage and disposal, does not implicate the ADA.
The guidance addresses these and many other common H1N1 questions. In short, the EEOC is directing employers not to panic, to take the H1N1 outbreak seriously, but also to treat it no differently than the regular seasonal flu -- at least from an employment law perspective. For more information, consult the EEOC guidance or contact your employment law attorney.
