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Total Articles: 10

Oregon Amends Data Breach Notification Law to Include Vendor Obligations; Expanded Definition of Personal Information

As we recently noted, Washington state amended its data breach notification law on May 7 to expand the definition of “personal information” and shorten the notification deadline (among other changes). Not to be outdone by its sister state to the north, Oregon followed suit shortly thereafter—Senate Bill 684 passed unanimously in both legislative bodies on May 20, and was signed into law by Governor Kate Brown on May 24. The amendments will become effective January 1, 2020.

HB 2992: Oregon’s Most Recent Attempt to Rein in Restrictive Covenants

In 2016, the White House issued a report that expressed a call to action for noncompetition reform at the state legislative level throughout our nation. Since then, many states have tinkered with their noncompetition laws in an attempt to narrowly define when and under what circumstances an employer can subject an employee to a noncompetition agreement. For example, less than a month ago Washington State enacted a law that significantly restricts noncompetition agreements with employees and independent contractors. A full summary of the new Washington law and restrictions can be found here.

HB 2992: Oregon’s Most Recent Attempt to Reign in Restrictive Covenants

In 2016, the White House issued a report that expressed a call to action for noncompetition reform at the state legislative level throughout our nation. Since then, many states have tinkered with their noncompetition laws in an attempt to narrowly define when and under what circumstances an employer can subject an employee to a noncompetition agreement. For example, less than a month ago Washington State enacted a law that significantly restricts noncompetition agreements with employees and independent contractors. A full summary of the new Washington law and restrictions can be found here.

Oregon Enacts Pregnancy Accommodations Law

Beginning January 1, 2020, Oregon employers must provide reasonable accommodations to employees and job applicants who have limitations related to pregnancy, unless doing so would impose an undue hardship. The new law applies to employers with at least six employees.

Oregon Modifies Noncompete Law for 2020

On May 14, 2019, Oregon Governor Kate Brown signed House Bill (HB) 2992, which imposes a new burden on employers that want to have enforceable noncompetition agreements with their Oregon employees. For any noncompetition agreement entered into on or after January 1, 2020, employers must provide employees with a signed, written copy of the terms of the noncompetition agreement within 30 days after the termination of employment.

Oregon Supreme Court Holds Employer Not Completely Immune Under Social Host Statute

Oregon’s highest court has held that although the state’s “social host” law protects certain persons from liability related to their actions taken as “hosts,” there is no similar insulation from liability for alleged tortious conduct committed while acting in another role, such as employer. Schutz v. La Costita III, Inc., 364 Or. 536 (March 14, 2019).

Portland, Oregon, Bars Discrimination Against Atheists, Agnostics

An amendment to the civil rights code of Portland, Oregon, extends protections against discrimination in employment, housing, and public accommodations to atheists, agnostics, and other “non-believers.” Religious facilities are expressly exempt.

5 Takeaways From Oregon’s New Pay Equity Regulations

Weeks before the bulk of Oregon’s new equal pay law will take effect, the state Bureau of Labor and Industries released implementing regulations to clarify the obligations that will soon be borne by the state’s employers. Employers with operations in Oregon will want to review and familiarize themselves with these regulations before the January 1 effective date. Here are the five things you need to know about the new rules, along with a list of five action items for you to consider in advance of the new year.

Oregon Publishes Final Rule Implementing its Expansive Equal Pay Act, Effective January 1, 2019

A majority of the provisions of Oregon’s Equal Pay Act will go into effect on January 1, 2019. The Act’s ban on salary history inquiries went into effect in October 2017. Beginning 2019, the Bureau of Labor and Industries (BOLI) will enforce the Act, including the inquiry ban, and employees and applicants may file claims with BOLI. However, employees and applicants may not pursue private actions against employers for alleged violations of the Act until January 1, 2024.

Oregon's Pay Equity Law: Bureau of Labor and Industries Issues Permanent Administrative Order and Rules

On November 19, 2018, Oregon’s Bureau of Labor and Industries (BOLI) issued its administrative order and rules implementing the Oregon Equal Pay Act of 2017 (the “Pay Equity Law”), which includes restrictions on salary history inquiries, expands existing remedies available to employees, and provides a safe harbor for employers that have voluntarily assessed their pay practices to identify and eliminate discriminatory pay practices.1 The administrative rules, summarized below, provide guidance on a number of issues arising under the Pay Equity Law, which takes effect on January 1, 2019.