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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.

Oregon Changes Interpretation of Overtime Laws, Advising Certain Employers to Double Count Daily and Weekly Overtime Payments

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.

Oregon Manufacturers May Be Eligible to Obtain Waivers From Complying With BOLI’s New Daily and Weekly Overtime Interpretation

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.

Oregon BOLI Updates Daily and Weekly Overtime Guidance for Manufacturers and Other Industries

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.

Portland, Oregon, Issues Rules Implementing ‘Ban the Box’

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.

Oregon OSHA's Proposed Silica Rules Comment Period Comes to a Close

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.