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Message from our Board Chair |
Oregonians agree: No new taxes during this recession
In her monthly column, OBI Chair Karen Vineyard, market executive, global commercial banking for Bank of America, discusses the results of a recent statewide survey in which Oregonians made it clear: No new taxes right now.
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Updates from Salem
The 2021 legislative session is underway, with legislators meeting in Salem periodically for floor sessions, but conducting committee hearings virtually. The OBI team is evaluating all the nearly 2,000 bills that have been introduced for their impacts to Oregon businesses.
OBI’s weekly Business Bulletin newsletter includes a “Capitol Central” update that provides an overview of our most recent advocacy efforts and a status report on the various bills we are engaged in on your behalf. If you are not signed up to receive these alerts, please email Patti Winter.
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Impact of Winter Business Restrictions Now Clear in Monthly Economic Data
The state’s unemployment number moved up in December, the first time it has increased since April. The state rate, 6.4% is still slightly lower than the national average, which is also increasing, and likely reflects new business closures that occurred late in 2020.
OBI is tracking unemployment and other economic indicators each month in our Monthly Economic Scorecard to reflect trends in unemployment, consumer spending, and impacts on various communities. The scorecard data is developed by ECONorthwest on behalf of OBI and our partner, the Oregon Business Council.
The most recent data show a mixed bag. While confirmed cases of COVID-19 have started to decline, the full impacts of Gov. Brown’s winter business restrictions are being realized. As stated above, unemployment is up. And, while consumer spending – both in general, and in hard-hit sectors like restaurant and lodging – is up, Oregon’s diverse communities saw no economic improvement last month.
The scorecard is intended to be a resource for not only our members, but legislators, community leaders and all Oregonians, that provides a glimpse into how our economy is faring each month. The scorecard is developed using the most recent data made available by the state and federal agencies.
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Gov. Brown Updates County Risk Levels, Adjusts Restrictions on Indoor Activities
Effective today, Jan. 29, Gov. Brown announced that 25 of Oregon’s 36 counties are considered at “extreme” risk for COVID-19 spread, two at high risk, two at moderate risk, and seven at lower risk.
Gov. Brown also announced modifications to the guidance for indoor activities in “extreme risk” counties, which will also take effect Jan. 29. Now, a maximum of six people are allowed indoors at facilities over 500 square feet, for all indoor activities except dining. This applies to gyms and fitness centers, we well as other indoor venues that had previously been shut down completely. All facilities are still expected to adhere to social distancing, cleaning and face covering protocols. For facilities smaller than 500 square feet, the modified guidance allows for 1:1 customer experiences, such as personal training. The updated guidance for indoor recreation will be posted to coronavirus.oregon.gov by Jan. 29.
"We have seen over the last several weeks that Oregonians have largely complied with risk levels to the point that we have not seen a surge in hospitalizations that would have jeopardized hospital capacity,” Gov. Brown said in a prepared statement. “This means we are able to make these adjustments for Extreme Risk counties, which should assist both businesses and Oregonians as we continue to work to stop the spread of COVID-19."
The Oregon Health Authority examines and publishes county data weekly, with updates to risk levels taking effect every two weeks.
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COVID-19 Vaccine FAQ with OBI Member Stoel Rives
Oregonians are now receiving the COVID-19 vaccine by the thousands. While the state and federal government have come under scrutiny for mixed messaging on when various populations might receive it, there is no doubt that Oregon workers will be in line for their shots in the next few months. OBI member Stoel Rives recently published an article that covers everything employers ought to know about the vaccine rollout and what it means for reopening workplaces.
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Can employers require their employees to get vaccinated? Although the Equal Employment Opportunity Commission stops just short of saying so explicitly, the strong implication from its guidance is that employers generally can require employees to receive a COVID-19 vaccine, though this is not an unfettered right.
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If an employer requires vaccinations when they are available, how should it respond to an employee who indicates that he or she is unable to receive a COVID-19 vaccination because of a disability? The [Americans with Disabilities Act (“ADA”)] allows an employer to have a qualification standard that includes “a requirement that an individual shall not pose a direct threat to the health or safety of individuals in the workplace.” However, if a safety-based qualification standard, such as a vaccination requirement, screens out or tends to screen out an individual with a disability, the employer must show that an unvaccinated employee would pose a direct threat due to a “significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.”
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If an employer requires vaccinations when they are available, how should it respond to an employee who indicates that he or she is unable to receive a COVID-19 vaccination because of a sincerely held religious practice or belief? Once an employer is on notice that an employee’s sincerely held religious belief, practice, or observance prevents the employee from receiving the vaccination, the employer must provide a reasonable accommodation for the religious belief, practice, or observance unless it would pose an undue hardship under Title VII of the Civil Rights Act.
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Can employees be excluded from the workplace if they do not receive the vaccine? Under some circumstances. The EEOC states quite clearly that employees who lawfully refuse the COVID-19 vaccine because of a disability or religious belief can be excluded from the workplace, but only if there were no other accommodation that would allow them to return to work. However, the EEOC cautions that this does not necessarily entitle the employer to terminate the employee: as always, it is critical that employers engage in the interactive process and explore possible accommodations before terminating an employee.
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Is asking about employees’ vaccinations separate from a “medical examination”? The ADA and many state disability laws prohibit employers from requiring employees to undergo “medical examinations” unless they are job-related and consistent with business necessity. The new EEOC guidance makes clear that requiring a COVID-19 vaccine is distinct from requiring a medical examination because the vaccine requirement does not “seek information about an individual’s impairments or current health status.” Likewise, requiring an employee to provide proof of a COVID-19 vaccine is not a prohibited “medical examination” or “medical inquiry,” which is judged under the same standard.
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OBI Members to Vote on New Bylaws at Annual Meeting, Feb. 9 |
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The 2021 Annual Meeting will be held virtually from noon to 1:30 p.m. on Feb. 9, 2021. OBI members will hear from our leadership, as well as a bipartisan panel of elected officials about what’s on the table in the 2021 session. Additionally, we are pleased to have Gov. Kate Brown join us to lay out her legislative priorities.
OBI members will also be asked to ratify changes to our bylaws. These new bylaws, approved by the board in November, make updates consistent with current laws and regulations and reflect our full implementation of the 2017 merger of Associated Oregon Industries and the Oregon Business Association, which created OBI. The new bylaws outline how the OBI Board and Executive Committee will be structured to reflect the broad diversity of Oregon’s business community, including assurances that OBI’s leadership will represent all regions of Oregon. Accompanying guiding principles provide that the Board will annually solicit director nominations from the general membership, but the board itself will vote on new members. You can view the new bylaws here and the guiding principles here.
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Reach a targeted business audience of thousands, up to once per week!
Contact Nancy Marquay for more details on advertising opportunities in OBI communications.
503.588.0050
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OBI Members Making Headlines this Month |
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Welcome to Oregon Business & Industry!
OBI is thrilled to welcome 12 new members that joined in December.
Congratulations and thank you to the following businesses for joining OBI; we are a stronger organization because of you.
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- Supreme Perlite Company
- AGC Electronics America
- Owens Corning Roofing and Asphalt LLC
- National Electrical Manufacturers Association (NEMA)
- Dana Signs
- McDonald Jacobs, PC
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- Lakeside Industries
- Resonance Wines LLC
- Expense Reduction Analysts
- Grasstains LLC
- Rogue Valley Micro Devices, Inc.
- Emerald Swimming Pools of Oregon
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Are you taking full advantage of your OBI membership?
Check out all of our benefit programs and start saving today!
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Oregon Business & Industry
1149 Court Street NE
Salem, OR 97301
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