Total Articles: 55
Jackson Lewis P.C. • March 20, 2019
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).
Fisher Phillips • December 13, 2018
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.
Littler Mendelson, P.C. • November 30, 2018
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.
Ogletree Deakins • April 30, 2018
On April 25, 2018, the Oregon Bureau of Labor and Industries (BOLI) issued proposed rules implementing Oregon’s predictive scheduling law, Senate Bill 828, which will take effect on July 1, 2018. A link to the proposed rules is available on BOLI’s website.
Jackson Lewis P.C. • April 16, 2018
Oregon Governor Kate Brown signed a bill last month toughening the state’s already stringent data breach notification law, which will take effect on June 2, 2018. The most significant change for companies to be aware of is the requirement that affected consumers be notified no later than 45 days following discovery of a breach. Additionally, if a company offers free credit monitoring or identity theft protection services to the affected consumers, the company may not require the consumers to provide a credit or debit card number in order to receive such services.
Fisher Phillips • November 12, 2017
The Oregon state agency charged with enforcing the state’s wage and hour laws has announced the largest civil penalty against an employer in its long history – nearly $277,000. According to the Oregon Bureau of Labor and Industries (BOLI), Portland’s Legacy Emanuel Medical Center will be forced to pay over a quarter-million dollars to resolve allegations that many of the organization’s workers were not receiving mandatory meal periods and paid breaks in accordance with state law. What can other Oregon employers learn from this situation to avoid a similar fate?
Littler Mendelson, P.C. • August 20, 2017
A new Oregon law clarifies Oregon’s daily and weekly overtime laws and sets new maximum-hour limits for certain Oregon employers. The new statute, which Oregon Governor Kate Brown signed on August 8, 2017, requires most employers in the manufacturing sector to pay employees the greater of daily or weekly overtime if an employee works more than 10 hours in a single day and more than 40 hours total in the course of a single workweek. The law also sets a firm 55-hour weekly limit for most manufacturing-sector employees.
Littler Mendelson, P.C. • August 16, 2017
A new Oregon statute will require certain large employers to provide their Oregon employees with advance notice of their work schedules. The notice period will initially be 7 days starting next year before increasing to 14 days in 2020. “Predictive scheduling” requirements have been considered by legislatures in several states in recent years, and a number of cities have adopted predictive scheduling ordinances, but Oregon’s is the first to actually become a statewide law.
Fisher Phillips • August 16, 2017
There’s good news for Oregon employers about the recently concluded 2017 legislative session: unlike years past, there were only a very small number of workplace laws passed. In fact, the Oregon Legislature only passed four pieces of workplace legislation that are even worth discussing
Jackson Lewis P.C. • August 10, 2017
Oregon has become the first U.S. state to regulate employer scheduling practices in the food service, hospitality, and retail industries. The new law, S.B. 828, will take effect July 1, 2018.
Ogletree Deakins • August 08, 2017
In July 2017, the Oregon Legislature passed House Bill 3458, which is expected to be signed by Governor Kate Brown. The new law will permit employers to pay nonexempt employees in mills, factories, and manufacturing establishments the greater of daily or weekly overtime, reversing recent guidance from the Oregon Bureau of Labor and Industries (BOLI) that had required manufacturing employers to “pyramid” (i.e., pay both) daily and weekly overtime hours. However, the law will also impose new maximum limits on hours in the workweek for manufacturing employees.
Littler Mendelson, P.C. • July 14, 2017
Oregon Governor Kate Brown recently signed Senate Bill 299 into law, which makes some clarifications and changes to Oregon’s Paid Sick Time law, which took effect on January 1, 2016.
Ogletree Deakins • July 14, 2017
The Oregon governor is expected to soon sign Senate Bill 828, which will impose predictive scheduling requirements on large employers in certain industries. Here are answers to some of the most frequently asked questions about the new law.
Jackson Lewis P.C. • June 15, 2017
The Oregon Equal Pay Act of 2017 greatly extends pay equity protections to a variety of protected classes, prohibits employers from asking for applicants’ salary history, and expands existing remedies available to employees. House Bill 2005 also offers key protections and a safe harbor for employers.
Oregon Governor Kate Brown has signed a law that will prohibit employers from asking job applicants or employees about their salary history. Amendments to the Oregon Equal Pay Act also ban employers from seeking the salary information of prospective employees from their current or former employer.
Ogletree Deakins • June 02, 2017
On June 1, 2017, Governor Kate Brown signed into law House Bill 2005, which creates considerable new obligations and areas of liability for Oregon employers. The law prohibits pay discrimination on the basis of protected class, defined as race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, or age. In other words, employers may not pay employees performing comparable work at different rates of pay because of their membership in one of these protected classes. The law will further prohibit employers from screening job applicants based on current or past compensation and from determining compensation for a position based on a prospective employee’s current or past compensation. Employers will be able to inquire only about a job applicant’s salary history after making a job offer including a compensation amount.
Despite the Congressional joint resolution that nullifies the Department of Labor's (DOL) Employee Benefits Security Administration (EBSA) rule regarding state auto-enrollment IRAs, the Oregon State Treasury will proceed with its plan to roll out its OregonSaves pilot program on July 1. The Oregon Retirement Savings Board adopted final rules to implement the program.
Littler Mendelson, P.C. • May 05, 2017
On April 18, 2017, the Oregon Retirement Savings Board adopted final rules to implement the Oregon Retirement Savings Program (known as “OregonSaves”) codified at 170-090-0001 et seq. OregonSaves establishes a state-sponsored payroll deduction retirement savings plan requiring Oregon employers that do not offer retirement plans to their employees to make payroll deductions from their workers’ wages into the state’s program.
Littler Mendelson, P.C. • March 15, 2017
On March 9, 2017, the Multnomah County Circuit Court rejected the recent move by the Oregon Bureau of Labor and Industries (BOLI) to require Oregon’s “manufacturing establishments” to double count daily and weekly overtime for their employees under ORS 653.216 and 652.020. In December 2016, BOLI made waves by making a sudden and unexplained change to its longstanding guidance on how to calculate daily and weekly overtime in these establishments. (See coverage here).
Ogletree Deakins • March 14, 2017
After the Oregon Bureau of Labor and Industries (BOLI) made a surprising change to its interpretation of how daily and weekly overtime should be calculated for employees who work in mills, factories, and manufacturing establishments, last week the Multnomah County Circuit Court issued an opinion rejecting BOLI’s new interpretation. In its opinion, the court held that BOLI’s original interpretation—i.e., that manufacturers are required to pay the greater of daily or weekly overtime hours worked by employees in a workweek (but not both)—was the correct way to construe manufacturers’ obligations under ORS 653.261 and 652.020.
Littler Mendelson, P.C. • January 31, 2017
Between December 2016 and January 2017, the Oregon Bureau of Labor and Industries (BOLI) instituted a significant change in its historic treatment of the interplay between two statutes that provide for daily and weekly overtime pay.
Ogletree Deakins • January 31, 2017
The Oregon Bureau of Labor and Industries (BOLI) recently made a surprising change in its interpretation of the daily and weekly overtime requirements for manufacturers. Employers may be able to obtain a waiver from complying with this new interpretation.
Ogletree Deakins • January 26, 2017
The Oregon Bureau of Labor and Industries (BOLI) has made an important change to its interpretation of the relationship between two Oregon overtime laws. Under BOLI’s new guidance, nonexempt employees who work in mills, factories, or manufacturing establishments may be entitled to both daily and weekly overtime compensation.
Jackson Lewis P.C. • October 04, 2016
The City of Portland has issued administrative rules to the “Removing Barriers to Employment,” its ordinance aimed at removing job barriers for individuals with criminal records (Chapter 23.10 of the Portland Municipal Code). The Ordinance, which took effect on July 1, 2016, prohibits criminal history inquiries and background checks until a conditional offer of employment has been made.
Ogletree Deakins • September 13, 2016
On September 16, 2016, the period for public comment on Oregon OSHA’s proposed rules for respirable crystalline silica closes, and Oregon OSHA is expected to adopt the proposed rules by September 25, 2016. The proposed rules will keep Oregon OSHA in harmony with the federal Occupational Safety and Health Administration’s (OSHA) adoption of more stringent silica standards earlier this year.
Ogletree Deakins • June 16, 2016
The State of Oregon has enacted a new law, SB 1587, designed to increase transparency with respect to employee pay, prevent wage theft, and expose wage and hour violations. Generally, the law will require employers to provide additional details on itemized pay stubs and allow employees to inspect and request copies of their time and pay records. The law also provides increased enforcement measures and prohibits wage theft by public works contractors and subcontractors. Employers must comply with the new requirements, summarized below, beginning January 1, 2017.
Littler Mendelson, P.C. • March 07, 2016
On March 2, 2016, Oregon Governor Kate Brown signed the first geographically-tiered minimum wage hike in the country. Senate Bill 1532 also gives Oregon the nation’s current highest projected state-wide minimum wage.
Jackson Lewis P.C. • January 07, 2016
Oregon law restricting employers from inquiring about a job applicant’s criminal background during the initial stages of the application process (i.e., before a job interview) went into effect on January 1, 2016. Beginning July 1, 2016, the City of Portland will take ban-the-box restrictions a few steps further, with its own ordinance.
Littler Mendelson, P.C. • December 17, 2015
Correctly classifying workers as either employees or independent contractors can be complicated and difficult. Multiple and different classification tests apply to a single working relationship – including, but not limited to, distinct tests for: (1) workers’ compensation coverage and premiums; (2) wage-and-hour and civil rights issues; (3) federal taxes; and (4) state payroll and unemployment taxes. These tests are often subjective, and at times can conflict. Additionally, misclassifying a worker as an independent contractor can result in costly audits, assessments of back taxes, and stiff penalties.
Ogletree Deakins • December 11, 2015
The Oregon Bureau of Labor and Industries (BOLI) has issued additional guidance on complying with the new Oregon statewide mandatory paid sick leave law, Senate Bill 454, OL 2015, Ch. 537, which takes effect on January 1, 2016.
Jackson Lewis P.C. • November 19, 2015
Oregon Sick Leave: Applicability of Requirements to Employees Occasionally Working in State Unclear
Beginning January 1, 2016, Oregon will join a growing number of cities and states mandating that employers provide certain classes of employees with sick leave benefits. For the specific requirements imposed by the new legislation, including when sick leave must be paid, see our article, Oregon Enacts Paid Sick Leave.
Ogletree Deakins • July 15, 2015
The 2015 Oregon legislature has adjourned, but not before handing Oregon businesses a number of significant new employment laws. Below is a brief summary of the new legislation, all of which Governor Kate Brown has signed, that Oregon businesses should consider as they head into the third and fourth quarters of 2015.
Ogletree Deakins • July 02, 2015
It’s July 1, 2015, and Oregon law now allows adults to lawfully use marijuana for both medical and recreational purposes. Many employers have already faced questions from employees about the impact of the state’s new marijuana law, and many more will face such questions in the coming weeks and months. With that in mind, below is a brief Q&A (based on real questions from employers and their employees) to address some of the most common issues.
On June 22, Oregon became the fourth state (behind Connecticut, California and Massachusetts) to enact a paid sick leave law. Employers fortunately have time to become compliant as the law does not take effect until January 1, 2016, and most civil penalties applicable to employer violations of the law will not be assessed until after January 1, 2017. Penalties associated with provisions prohibiting retaliation and employer absence control policies will not be assessed until after January 1, 2016.
Fisher Phillips • June 24, 2015
On June 22, 2015, Oregon became the fourth state to enact a statewide mandatory paid sick leave law, following California, Connecticut, and Massachusetts. The bill, signed into law by Governor Kate Brown, requires Oregon employers to provide up to 40 hours of sick leave to employees per year beginning January 1, 2016, and in most cases that leave time must be paid.
Littler Mendelson, P.C. • June 23, 2015
On June 16, 2015, the Oregon House passed an amended version of House Bill 3025, which will prohibit most employers from asking questions about criminal history on job applications or at any other point in the hiring process before the initial interview. Approval of House Bill 3025 follows closely on the heels of similar legislation enacted in New York City, Illinois, Montgomery and Prince George’s Counties (MD), the District of Columbia and the City of Columbia, Missouri.1 Oregon Governor Kate Brown is expected to sign the bill into law, which would become effective January 1, 2016.
Littler Mendelson, P.C. • June 18, 2015
Since early 2012, 21 states have enacted some form of "password protection" law. Although these laws vary substantially by state, their common thread is the intention to restrict employers' ability to access content in applicants' and employees' restricted online accounts. These laws effectuate that intent by varying combinations of prohibitions on the following types of conduct: (a) requesting an individual's log-in credentials; (b) asking to view restricted content when accessed by the individual, i.e., "shoulder surfing"; (c) requesting an individual to accept a "friend" or "connection" request; and (d) asking an individual to change privacy settings to permit access by an employer to an account. Yet, 99% of more than 400 senior HR executives and in-house employment counsel who responded to a survey conducted by Littler Mendelson in May 2012 and again in May 2013 stated they do not ask applicants for social media passwords.
Ogletree Deakins • June 18, 2015
Oregon will soon join the ranks of states with “ban the box” legislation. Provided House Bill (HB) 3025 is signed by Governor Kate Brown (which is virtually certain), the new law will regulate when Oregon employers can ask applicants to disclose criminal convictions. The effective date for the new law would be January 1, 2016.
Littler Mendelson, P.C. • June 16, 2015
On June 12, 2015, the Oregon legislature passed Senate Bill 454, legislation that will require most employers with 10 or more employees in Oregon to provide employees with up to 40 hours per year of paid sick leave. As discussed below, Portland employers with six or more employees already must provide sick leave. Oregon employers with fewer than 10 employees (or six in Portland) will be required to provide up to 40 hours per year of unpaid sick leave. Once the new measure is signed into law by Governor Kate Brown as expected, Oregon will join California, Connecticut, and Massachusetts in enacting state-wide paid sick leave legislation.
Ogletree Deakins • January 16, 2015
The city of Eugene, Oregon passed a mandatory paid sick leave ordinance last July, which is set to take effect later this year. The city has now published proposed rules that provide the all-important details about how the ordinance will actually work and what employers must do to comply. Below is a brief summary of the proposed rules.
Fisher Phillips • November 06, 2014
On November 4, 2014, Oregon joined Colorado and Washington when voters approved a state initiative legalizing the recreational use of marijuana (Alaska passed a similar law the same day). As of July 1, 2015, it will no longer be illegal for adults over the age of 21 in Oregon to possess one ounce of marijuana in a public place and up to eight ounces in their home. The good news for employers: the new law does not change employers’ rights in any way, and your zero tolerance policies may still be enforced.
Ogletree Deakins • June 26, 2014
Following the lead of larger cities like Portland, Seattle, and San Francisco, the City Council of Eugene, Oregon is moving ahead with plans for a mandatory sick leave ordinance. Following the presentation of a 70-page Task Force report on June 18, the Council voted to draft a formal ordinance for consideration at its next meeting in July.
Ogletree Deakins • March 05, 2014
A federal court in Oregon recently ruled that employment agreements may impose a reasonable limitation on the time period in which an employee may bring statutory and common law claims against his or her employer, even when that time period is shorter than the statute of limitations.
Brody and Associates, LLC • January 27, 2014
Effective January 1, 2014, Oregon became the first state in the nation to require employers to provide bereavement leave. The new provision, an addition to the Oregon Family Leave Act (OFLA), requires employers with 25 or more employees in the state to provide up to two weeks of unpaid time for bereavement. Additional time must be granted if multiple family members die within the same year, up to a maximum of 12 weeks of family leave per year under the OFLA.
Fisher Phillips • January 07, 2014
On January 1, 2014, the Oregon minimum wage increased from $8.95 to $9.10 an hour.
Ogletree Deakins • December 13, 2013
Effective January 1, 2014, Oregon employers subject to the Oregon Family Leave Act (OFLA) must allow eligible employees to take up to two weeks of unpaid leave to deal with the death of a family member.
Fisher Phillips • March 30, 2012
Billed as a means to protect out-of-work Oregonians from discrimination, the Oregon legislature passed a new law that prohibits overt unemployment discrimination in job advertisements. Oregon has become only the second state in the country â€“ joining New Jersey â€“ to prohibit this practice.
Fisher Phillips • March 08, 2012
Employers with jobs to fill have a lot to worry about. Not only are they trying to fill a void effectively, but also in the right way and without legal missteps. Experienced hiring managers are aware of dozens of questions and practices to avoid during the recruitment and interviewing process. And Oregon employers soon will face a new challenge when hiring: not discriminating against unemployed individuals.
Ogletree Deakins • December 08, 2011
As you prepare to ring in the new year, one of your resolutions should be to update your companyâ€™s employment policies. During the 2011 legislative session, Oregon legislators passed several labor and employment related laws. Employers should take note of the following bills â€“ all effective January 1, 2012 â€“ and update their policies and procedures accordingly. Below is a summary of the key changes. The entire text for each bill can be found at http://www.leg.state.or.us/.
Fisher Phillips • August 04, 2011
Employers in Oregon â€“ you have cause to celebrate, or at least breathe a sigh of relief. The Oregon state legislature recently wrapped up its 2011 session without passing any major pieces of legislation that could be considered harmful to employers. Although there are a few new statutes that will soon go into effect that may slightly alter the way you do business, the impact of these new laws are minimal. In fact, a few new laws were passed that are actually beneficial to employers.
Fisher Phillips • April 16, 2010
On April 15, 2010 the Oregon Supreme Court handed employers a comprehensive victory in the long-running medical marijuana battle, deciding that employers need not accommodate an employee's use of medical marijuana. The decision now means that employers can rest comfortably knowing they can consistently enforce their zero tolerance drug policies without regard to medical marijuana registry status. Emerald Steel Fabricators, Inc. v. Bureau of Labor and Industries.
Fisher Phillips • March 02, 2010
Most Oregon employers who review job applicants' credit history reports before deciding whether to hire them will no longer be able to do so as of July 1, 2010. Billed as a means to help out-of-work Oregonians find jobs more easily, the Oregon legislature passed a new law on February 22 which will greatly restrict your ability to perform credit checks on applicants and employees. Once signed into law by the Governor (which is expected), Oregon will become the third state in the country – joining Washington and Hawaii – to prohibit this common practice.
Fisher Phillips • June 12, 2008
On June 11th, the Oregon Court of Appeals dealt a blow to employers fighting medical marijuana in the workplace, letting stand an administrative decision which had granted a victory to a medical marijuana user (Emerald Steel Fabricators, Inc. v. Bureau of Labor and Industries). Although the decision was largely based on technical grounds, the Court of Appeals passed up an opportunity to side with employers and the decision may lend comfort to workers’ advocates who support looser workplace drug rules.
Fisher Phillips • February 21, 2008
Over the weekend, the state finalized a new law that may end up having a dramatic impact on several important industries. Oregon Governor Ted Kulongoski signed into effect a much stricter driver’s license requirement that forces applicants to prove American citizenship or legal immigrant status before getting a new or renewed driver’s license. It goes into effect on July 1, 2008, and could have far-reaching consequences in the agriculture, construction and hospitality industries, among others.
Fisher Phillips • May 25, 2007
Recent legislation in Oregon and Washington will have a major
impact on all Northwest employers, and there are likely more
changes on the immediate horizon. This Legal Alert will point
out the most significant changes to the law in both states.