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Oregon Clarifies Paid Sick Leave Law

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.

Oregon to Enact Predictive Scheduling Law Affecting Retail, Hospitality, and Food Service Employers

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.

Oregon Enacts Expansive Pay Equity Law

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 Restricts Salary History Questions With Broad Equal Pay Law

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.

Another Potential Landmine for Employers: Oregon Pay Equity Bill Signed by the Governor

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.

Oregon Forges Ahead With Payroll-Deduction IRA Program Despite Adverse Congressional Action

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.

Oregon Board Adopts Final Rules to Implement Retirement Savings Program

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.

Court Rejects Recent Interpretation of Oregon Overtime Laws That Would Have Required Certain Employers to Double Count Daily and Weekly Overtime

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).

Oregon Court Rejects BOLI’s New Guidance on Calculating Daily and Weekly Overtime for Mills, Factories, and Manufacturing Establishments

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.

Brewers Beware: BOLI’s New Interpretation of Overtime Rules

Oregon’s Bureau of Labor & Industries (BOLI) recently announced a new interpretation of overtime compensation rules that directly impacts Oregon breweries and brewpubs. Under the new guidance issued in December 2016, employees in “manufacturing establishments” must be paid overtime rates for hours worked in excess of 40 hours per week and overtime rates for any hours in excess of 10 hours in any given day. BOLI says that manufacturing establishments cannot continue with the former practice of paying employees the greater of the daily overtime rate or the weekly overtime rate.