Newly enacted legislation affecting employers
July, 2007
Oregon's 2007 legislative session ended with the enactment of numerous laws that have a substantial impact on employers. The following review highlights some of the more significant changes. Given that non-complying employers are subject to significant penalties but that some employers are exempt from compliance, we encourage you to speak with your Bullivant attorney regarding your individual circumstances. The changes become effective January 1, 2008, unless otherwise noted.
Wage-related Employment Discrimination: Makes it unlawful for an employer to discriminate against an employee for taking wage-related actions against it. The law permits an award of either compensatory damages or $200, whichever is greater.
Inspections of Personal Records: Requires that within 45 days of the employee's request an employer must provide a reasonable opportunity to allow an employee to inspect his/her personnel records and, if so requested, provide him/her with a certified copy.
Payroll Corrections: Requires that when the employer has notice that an employee has not been paid the full amount of wages owed, and there is no dispute as to the amount, the employer must pay the amount owed within three days of notice if the amount is more than five percent of the employee's gross wage. If the amount is less than five percent, then payment can be made in the next regular paycheck.
Breast-feeding Accommodations: Employers must provide a breast-feeding employee with a 30-minute rest period to express milk for every four-hour work period, unless otherwise agreed or unless doing so would impose an undue hardship. Reasonable efforts must also be taken to provide a private location to the employee.
Oregon Family Leave Act (OFLA):
(A) Prohibits OFLA leave from running while an employee is on workers' compensation leave. If an eligible employee refuses a bona fide offer of light duty or modified employment that is suitable prior to becoming medically stationary, then OFLA leave will begin to run.
(B) Allows employees to use any accrued paid sick leave while on OFLA leave, even if the employer's policy would not otherwise allow them to do so.
(C) Allows employees to use OFLA leave to care for the employee's grandparent or grandchild who has a serious health condition.
Sexual Orientation Discrimination: Prohibits discrimination based on sexual orientation in employment, housing, and public accommodations. An exception is provided for a "bona fide church or religious institution" and it does not prohibit employers from enforcing valid dress code as long as certain accommodations are provided.
Non-competition Agreements: Changes the rules regarding how and when a non-competition agreement can be entered and makes them voidable if they do not satisfy specific statutory requirements. The governor has not yet signed the bill. If it is not signed or vetoed before August 10, 2007, it will become effective January 1, 2008.
Leave for Crime Victims: Requires employers of a certain size to provide reasonable, unpaid leave to employees in order to address domestic violence, sexual assault or stalking of the employee or their minor dependents. An employee can use accrued paid time off during the leave. Effective May 25, 2007.
Domestic Partner Rights: Provides that registered domestic partners have the same rights and responsibilities conferred upon spouses under Oregon law. This will affect how an employer administers their OFLA policy (e.g., an employee may now take OFLA leave to care for a domestic partner), and may affect other employee benefits.
The above synopsis is a summary of only some of the key legislation that may affect your business. It will be critical for employers and HR professionals to work with legal counsel to revise handbooks, policies and procedures to properly reflect compliance with these new laws. Please contact Bullivant's employment attorneys if you need additional details or have any questions.