OREGON State Laws by Topic

Transcription

1 OREGON State Laws by Topic AGE It is Oregon s position, under the Oregon Fair Employment Practice Act, that manpower should be utilized to the fullest extent possible. Therefore, the abilities of an individual not arbitrary standards that discriminate against him/her based solely on age should be the measure of his/her fitness and qualification for employment. Employers are prohibited from refusing to hire, barring from employment, terminating, or otherwise discriminating against an individual with respect to compensation or terms, conditions, or privileges of employment based on age. In addition, employers cannot print, circulate, or cause to be printed or circulated any statement, advertisement, or publication, or use any form of application for employment or make any inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification, or discrimination based on age. It is not an unlawful employment practice for an employer to observe the terms of a bona fide seniority system or employee benefit plan so long as the system or plan is not the result of an intent to discriminate based age. For purposes of the Act, age is defined to mean 18 years and older, and an employer is defined as any individual who in the state, directly or through an agent, engages or uses the personal service of one or more employees and reserves the right to control the means by which such service is, or will be, performed. AIDS Discrimination: Employers are expressly prohibited from discriminating against an individual with AIDS or an AIDS-related virus. Testing: Informed consent must be obtained before an individual is tested for AIDS. Note: If an employee fails to disclose the test results of an HIV test, his/her employer is not responsible for providing reasonable accommodation for the employee s physical impairment as required under the Oregon Fair Employment Practice Act. ARRESTS/CONVICTIONS Employers may not exclude job applicants from initial interviews solely because of applicants past criminal convictions. If there is no initial interview, employers can t require job applicants to disclose their criminal convictions prior to making a conditional offer of employment. Exceptions: Applicants may be required to disclose past criminal convictions if required by federal, state, or local law; to law enforcement employers; to employers in the criminal justice system; or to employers seeking non-employee volunteers.

2 BREAKS A 30-minute meal break is required for each six to eight hours employees work. Meal breaks must be scheduled between the second and fifth work hour for a seven-plus hour shift, and between the third and sixth hour for shifts of fewer than seven hours. In addition, a 10-minute rest break is required for every four hours employees work. Exceptions: Failure to provide the meal break was caused by unforeseeable equipment failures, acts of nature, or other exceptional and unanticipated circumstances that only rarely and temporarily preclude the provision of meal breaks; industry practice or custom established a paid meal break of less than 30 minutes, but not less than 20 minutes; providing 30-minute, unpaid meal breaks where employees are relieved of all duties would impose an undue hardship on the operation of the employer s business, employees must still be provided with adequate time to eat, rest, and use the rest room. Minors: Minors must be provided with a 20-minute meal break after five hours of work and a 15-minute rest break for each four hours they work. BREAST-FEEDING An employer shall: 1) provide reasonable unpaid rest periods to accommodate an employee who needs to express breast milk for her child age 18 months or younger, and 2) make reasonable efforts to provide a location, other than a public restroom or toilet stall, in close proximity to the employee s work area for her to express milk in private. An employee shall provide reasonable notice that she intends to express milk upon returning to work. Unless otherwise agreed to by both, an employer shall provide an employee a 30-minute rest period to express milk during each four-hour work period or the major part of a four-hour work period, to be taken approximately in the middle of the work period. If feasible, the employee shall take the rest periods to express milk at the same time as the rest or meal periods otherwise provided to her. If an employer is required by law or contract to provide paid rest periods, it shall treat an employee s rest periods for expressing milk as paid rest periods, up to the amount of time the employer is required to provide as paid rest periods. An employer may allow an employee to work before or after her normal shift to make up the amount of time used during unpaid rest periods. It is not required to compensate the employee for any time she works to make up the amount of time used during unpaid rest periods. If an employer s contribution to an employee s health insurance is influenced by the number of hours she works, it shall treat any of the employee s unpaid rest periods used to express milk as paid work time for the purpose of calculating the number of hours she works. An employer is not required to provide rest periods if doing so would impose an undue hardship on the operations of its business. As another accommodation, the employer may allow the employee to temporarily change job duties if her regular job duties do not allow her to express milk.

3 The law applies to employers with 25 or more employees for each working day during each of 20 or more calendar workweeks in the year in which rest periods are to be taken or in the year immediately preceding the year in which rest periods are to be taken. CHILD LABOR Click on the following link to access information about Oregon s child labor laws. CHILD SUPPORT Employers served with a child support order must begin withholding no later than the first pay period that occurs five days after the payday during which service occurred. Withholding may commence with the second pay period if, on the date the withholding order is received, the payroll for that pay period has already been calculated, and paychecks have been prepared or a deposit has been submitted. Amounts are remitted within seven days of payday. The maximum that can be withheld from lump-sum payments to employees is 50% of the payment. Notify the custodial parent promptly if the employee-obligor terminates. Employers must remit withheld child support to the state electronically. COURT ATTENDANCE Employers may not discharge, threaten to discharge, intimidate, or coerce employees because of compelled attendance at juvenile court proceedings involving their children. This does not alter or affect employers policies or agreements concerning employees wages during times when employees attend juvenile court hearings. In addition, certain crime victims and their immediate family members are entitled to protected leave from work to attend criminal proceedings. The law defines a crime victim as one who has suffered financial, social, psychological or physical harm as a result of a personal felony. The law defines immediate family to include a spouse, domestic partner, father, mother, sibling, child, stepchild, or grandparent. The law applies to any organization that employs six or more persons in the state for 20 or more weeks in the calendar year in which the employee takes leave or in the immediately preceding year. In order for an employee to be eligible for leave, the employee must have worked an average of more than 25 hours per week for at least 180 days immediately before the leave begins. DISABILITIES It is an unlawful employment practice for an employer with one or more employees to refuse to hire or promote; limit, segregate, or classify; bar or discharge from employment; or otherwise

4 discriminate with respect to compensation or terms, conditions, or privileges of employment based on the fact an otherwise qualified individual has a disability. Employers are also prohibited from: utilizing standards, criteria, or methods of administration that have the effect of discriminating on the basis of disability; excluding or otherwise denying equal jobs or benefits to an otherwise qualified person because the person is known to have a relationship or association with a person with a disability; failing to make reasonable accommodation for the known physical or mental limitations of an otherwise qualified person with a disability who is an applicant or employee, unless the employer can demonstrate that the accommodation would impose an undue hardship; denying employment opportunities to an applicant or employee who is an otherwise qualified person with a disability, if the denial is based on the need of the employer to make reasonable accommodation to the physical or mental impairment of the employee or applicant; using qualification standards, employment tests, or other selection criteria that screen out or tend to screen out persons with disabilities, unless the standard, test, or other selection criterion, as used by the employer, is shown to be job-related for the position in question and is consistent with business necessity; and failing to select or administer tests relating to employment in the most effective manner to ensure that when the test is administered to an applicant or employee with a disability that impairs sensory, manual, or speaking skills, the test results accurately reflect the skills, aptitude, or other characteristics of the applicant or employee that the test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of the employee or applicant. Note: These provisions do not limit the ability of an employer to select or administer tests designed to measure the sensory, manual, or speaking skills of an employee or applicant. It is a discriminatory employment practice against persons with disabilities for employers to conduct medical examinations of applicants, ask applicants whether they have a disability, or ask about the nature or severity of the disability. An employer may ask if an applicant is able to perform job-related functions. An employer may also require a medical examination after an offer of employment has been made, but before the job begins, and condition employment on the results of the examination, if all of the following conditions are met. All persons entering employment are subject to the examination, regardless of disability. Information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record. The results of the examination are used only in a manner consistent with Oregon s disability discrimination law.

5 An employer may not require that an employee submit to a medical examination, may not inquire whether an employee has a disability, and may not inquire as to the nature or severity of a disability, unless the examination or inquiry is shown to be job-related and consistent with business necessity. DRUG TESTING Employers are authorized to adopt procedures, including drug testing, to ensure that an individual is not abusing drugs. However, that individual must have successfully completed a supervised drug rehabilitation program and no longer engages in the use of illegal drugs; has otherwise successfully rehabilitated and no longer abuses drugs; or is currently participating in a rehabilitation program and no longer uses illegal drugs. FAMILIAL/MARITAL STATUS Under the Oregon Fair Employment Practice Act, employers are prohibited from refusing to hire, barring from employment, terminating, or otherwise discriminating against an individual with respect to compensation or terms, conditions, or privileges of employment based on marital status or family relationship. In addition, employers cannot print, circulate, or cause to be printed or circulated any statement, advertisement, or publication, or use any form of application for employment or make any inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification, or discrimination based on marital status or family relationship. For purposes of the Act, an employer is defined as any individual who in the state, directly or through an agent, engages or uses the personal service of one or more employees and reserves the right to control the means by which such service is or will be performed. FAMILY/MEDICAL LEAVE Coverage: Employers that employ 25 or more persons in the state for each working day during each of 20 or more calendar workweeks in the year in which the leave is to be taken, or in the year immediately preceding the year in which leave is to be taken. The law doesn t apply to employers that offer to eligible employees a non-discriminatory cafeteria plan (as defined by Sec. 125 of the Internal Revenue Code) that provides, as one of its options, employee leave that is at least as generous as the leave required by law. Employee eligibility: All employees of covered employers are eligible for family leave under the Oregon Family Leave Act (OFLA), except employees who have been employed by the covered employer for fewer than 180 days immediately before the date on which the family leave would begin. In addition, employees who have worked an average of fewer than 25 hours per week for the covered employer during the 180 days immediately preceding the date on which the family leave would commence may only take leave for the birth or adoption of a child under 18, the

6 placement of a child under 18 with the employee for foster care, or the placement of an adopted or foster child older than 18 years of age if the child is incapable of self-care because of a mental or physical disability. Length of leave: Eligible employees are entitled to 12 weeks of leave within any one-year period. In addition, female employees may take a total of 12 weeks of leave within any one-year period for an illness, injury, or condition related to pregnancy or childbirth that renders the employee unable to perform any available job duties offered by the employer. An employee who takes 12 weeks of family leave within a one-year period for the birth of a child, adoption of a child under 18, or placement of a foster child under 18 may also take up to an additional 12 weeks of leave to care for a child of the employee who, though not suffering from a serious health condition, has an illness, injury, or condition that requires home care. When two family members work for the same covered employer, the employees may not take concurrent family leave unless one employee needs to care for the other employee who is suffering from a serious health condition, or one employee needs to care for a child who has a serious health condition, while the other employee is also suffering from a serious health condition. Also, leave need not be provided to an eligible employee by a covered employer for the purpose of caring for a child with an illness, injury, or condition that is not a serious health condition, but which requires home care, if another family member is available to care for the child. Reasons for leave: 1) to care for an infant or newly-adopted child under 18 years of age, for a newly-placed foster child under 18 years of age, or for an adopted or foster child older than 18 years of age if the child is incapable of self-care because of a mental or physical disability (leave must be completed within 12 months after the birth or placement of the child); 2) to care for a family member (defined as the spouse, parent, parent-in-law, biological/adoptive/foster child, grandparent, or grandchild of the employee) with a serious health condition; 3) to recover from or seek treatment for a serious health condition of the employee that renders the employee unable to perform at least one of the essential functions of the employee s regular position; or 4) to care for a child of the employee who is suffering from an illness, injury, or condition that is not a serious health condition, but which requires home care. Note: The Oregon Family Fairness Act provides that any privilege, immunity, right, or benefit granted by law to an individual who is or was married is granted to an individual who is or was in a domestic partnership, and that any responsibility imposed by law on an individual who is or was married is imposed on an individual who is or was in a domestic partnership. The OFLA does not reduce the rights of an employee to a family and medical leave of absence to which the employee may be entitled under any agreement between the employer and the employee, collective bargaining agreement, or employer policy. The OFLA must be construed, to the extent possible, in a manner that is consistent with any similar provisions of the federal FMLA. Family leave taken under the state law must be taken concurrently with leave taken under the federal FMLA. Generally speaking, however, it cannot be taken concurrently with Workers Compensation leave; that s because an employee s absence due to an on-the-job injury may not be counted as OFLA leave, unless the employee has refused a suitable offer of light or modified duty. Unless specified by an agreement between the employee and employer, by collective bargaining agreement, or by employer policy, family leave need not be granted with pay.

7 An employee taking family leave is entitled to use any paid accrued sick leave or any paid accrued vacation leave during the period of family leave, or to use any other paid leave that is offered by the employer in lieu of vacation leave during the period of family leave. When more than one type of accrued leave is available to the employee, the employer may determine the order in which accrued leave is to be used, subject to the terms of any agreement between the eligible employee and the covered employer, or the terms of a collective bargaining agreement. Benefits: Except for benefits used during the period of leave, the taking of family leave may not result in the loss of any employment benefit accrued before the date on which the leave commenced. Employees are not entitled to any accrual of seniority or employment benefits during family leave or to any rights, benefits, or position of employment other than the rights, benefits, and position that the employee would have been entitled to had the employee not taken family leave. Benefits are not required to continue to accrue during a family leave unless continuation or accrual is required under an agreement of the employer and the employee, a collective bargaining agreement, or an employer policy. If the employer is required or elects to pay any part of the costs of providing health, disability, life, or other insurance coverage for an employee during the period of family leave that should have been paid by the employee, the employer may deduct from the employee s pay, when the employee returns to work, the amount it paid for the insurance coverage during family leave, until the amount the employer advanced towards the payments is paid. In no event, may the total amount deducted for insurance repayment exceed 10% of the employee s gross pay each pay period. Notification: Employers may require eligible employees to give at least 30 days notice before commencing family leave. Employers may also require that employees include an explanation of the need for the leave in the notice. Eligible employees may take leave without prior notice under the following circumstances: 1) an unexpected serious health condition of an employee or family member of an employee; 2) an unexpected illness, injury, or condition of a child of the employee that requires home care; or 3) a premature birth, unexpected adoption, or unexpected foster placement. However, if an employee begins leave without prior notice, the employee must give verbal notice to the employer within 24 hours of the commencement of the leave and must provide the required written notice within three days after the employee returns to work. The verbal notice may be given by another person on behalf of the employee. If an employee fails to give notice as required under the family leave law, the employer may reduce the period of family leave by three weeks and the employee may be subject to disciplinary action under a uniformly applied policy or practice of the employer. Certification: Employers may require employees to provide written verification from the treating physician of the need for leave to care for a family member with a serious health condition, to recover from or seek treatment for a serious health condition of the employee that renders the employee unable to perform at least one of the essential functions of the employee s regular position, or to care for a child of the employee who is suffering from an illness, injury, or condition that is not a serious health condition, but that requires home care (but in this last instance, only after an employee has taken more than three days of leave to care for his/her child during any one-year period and at the employer s expense; no second opinion may be required). Medical verification may be required before the leave period begins. If leave is without prior notice, required medical verification must be provided by the employee within 15 days after the employer requests medical verification.

8 Employers may require that employees obtain the opinion of a second health care provider, designated by the employer, at its expense. If the opinion of the second health care provider conflicts with the medical verification provided by the employee, the employer may require that the two health care providers designate a third health care provider to render an opinion at the employer s expense. The third opinion is final and binding on the employer and employee. In addition, to verify the need for family leave, an employer may require subsequent medical verification on a reasonable basis. Employers may also require that an employee report periodically on his/her status and intention to return to work during a period of family leave. Before restoring an employee to his/her former position following family leave, an employer may require that the employee receive certification from the employee s health care provider that the employee is able to resume work. However, the requirement of certification for fitness to return to work must be uniformly applied, if required. Reinstatement: After returning from family leave, eligible employees are entitled to be restored to the positions they held when leave began, if those positions still exist, without regard to whether the employer filled the position with a replacement worker during the period of family leave. If the position no longer exists, the employee is entitled to be restored to any available equivalent position with equivalent employment benefits, pay, and other terms or conditions of employment. If an equivalent position is not available at the job site of the employee s former position, the employee may be offered an equivalent position at a job site located within 20 miles of the job site of the former position. Leave related to harassment. Employers than have at least six employees on the payroll each day for 20 weeks during the current or preceding year must allow unpaid leave to employees if they or their dependents have been the victims of harassment. Employees may substitute paid leave. To be eligible, employees must have worked an average of at least 25 hours a week for at least 180 days before leave is taken. Leave may be taken to address legal or medical issues. Employees must give advance notice of leave, unless advance notice isn t feasible. Employers may require employees to provide certification within a reasonable amount of time of the need for leave. Bereavement leave: Employers covered under the OLFA must allow employees to take up to two weeks off to attend a family member s funeral, make arrangements for a funeral or to grieve the death of a family member. Bereavement leave must be completed within 60 days of the date employees receive notice of the death. Bereavement leave counts against employees entitlement to family leave. Paid sick leave: Beginning January 1, 2016, employers that have at least 10 employees (six in Portland) for each of 20 workweeks in the immediately preceding calendar year or fiscal year must provide employees with up to 40 hours of paid sick time per year. Employers with fewer than 10 employees (six in Portland) must provide employees with up to 40 hours of unpaid sick time per year. Employees accrue one hour of paid or unpaid leave for every 30 hours they work or 11/3 hours for every 40 hours worked. Alternatively, employers may front load employees sick time at the beginning of the year. Employees begin to accrue leave on their first day of work and may carry over up to 40 hours of accrued leave into the next year. Employees are eligible to use their leave beginning on the 91st day of employment, but employers may authorize employees to take leave

9 before the 91st day. Employees may not be forced to find replacements or work additional shifts to make up the lost time. Employers and employees may agree, however, that employees will work extra shifts without using accrued time for the hours or shifts missed. Employers may have policies that limit employees to accruing no more than 80 hours of leave or from using more than 40 hours of accrued leave per year. Employers may cash out employees accrued leave at the end of the year. Employers with fewer than 10 employees need not allow employees to carry over accrued leave if they credit employees with the amount of sick leave on the first day of the next year. Employers with sick leave, paid vacation, paid personal time or other paid leave that s substantially equivalent or more generous than the law requires are considered to comply with the law. Nonexempt employees must be paid for their accrued time at their regular rates of pay. Exempts are presumed to work 40 hours a week, unless they actually work fewer hours. Employers don t have to pay terminating employees the value of their accrued time. Employees retain their accrued time if the business is sold or if they transfer to another division or location. Employees who are rehired within 180 days must have their accrued time restored. Employees who terminate before their 91st day and who are rehired within 180 days must have their accrued leave restored; they may use their accrued time after the combined total of days of employment exceeds 90 calendar days. Sick leave must be taken in hourly increments, unless doing so would cause employers undue hardship and employers have a policy or combination of policies that allow employees to use at least 56 hours of paid leave per year that may be taken in increments of four hours. Employers may require employees to use their normal notice and procedural requirements for absences or for requesting time off. If the need for leave is foreseeable, employees must provide no more than 10 days notice of their need for leave; if the need for leave is unforeseeable, employees must provide notice as soon as practicable. If possible, employees must include the anticipated duration of their leave. Employees must attempt to schedule their time in a manner that doesn t disrupt their employers operations. Employers may require that employees who take more than three consecutive days off to provide verification from a health care provider of the need for sick time; if the need for leave is projected to last more than three consecutive days, employers may require that the verification be provided up front. At least quarterly, employers must provide written notification to employees of their accrued and unused sick time; including this information in employees pay statement is sufficient. In addition, employers must provide notice regarding sick leave to employees; a model notice will be available. See also military leave. GENETIC TESTING It is an unlawful employment practice for employers to obtain or use genetic information from employees or applicants, or that of a blood relative of an employee or applicant, to distinguish between, discriminate against, or restrict any right or benefit otherwise due or available to an

10 employee or applicant. The law does not prohibit an employer from seeking, obtaining, or using genetic information with specific authorization of the employee or applicant when it does so solely to determine a bona fide occupational qualification. HEALTH CARE CONTINUATION COVERAGE Continuation coverage requirements apply to employer-sponsored group health plans that do not meet federal COBRA requirements. Eligible employees have the right to continue coverage for up to nine months. Click on the following link lawsstatutes/2013ors743.html and scroll down to section relating to continuation coverage. JURY DUTY Employers may not discharge or threaten workers because of jury duty. Employers are not required to compensate employees who take leave for jury duty unless there is a policy or agreement with employees concerning the continuation of wages during the period of jury duty. Employers that don t have specific pay policies for employees who are called to jury duty must allow employees to take time off without pay; employees may not be required to use vacation leave, sick leave, or annual leave. LIFESTYLE DISCRIMINATION It is unlawful for an employer to require, as a condition of employment, that an employee or prospective employee refrain from using lawful tobacco products during non-working hours, unless a bona fide occupational qualification exists. MASS LAYOFF NOTIFICATION The state s Department of Community Colleges and Workforce Development must be notified when an employer is required to provide written notice to its employees under the federal WARN Act. MEDICAL DONATION LEAVE Employees working 20 or more hours per week are eligible for up to 40 hours of paid leave to serve as a bone marrow donor. Employers may require verification by a physician of the purpose and length of each leave request.

11 MILITARY LEAVE Employees who are members of the state organized militia or another state s organized militia and are called to active service must be granted a leave of absence until released from active service. During that time, the employee s position must be considered vacant and that person may not be removed or discharged from the position because of the leave. Employers are not required to pay wages or other compensation to employees on leave. Reinstatement: After a member of the state militia completes military leave, the employee must be restored to his/her former position or an equivalent position without loss of seniority, vacation credits, sick leave credits, service credits under a pension plan, or any other employee benefits or rights that had been earned at the time of the leave of absence. Note: Employers are prohibited from discriminating against an individual because of his/her service in the uniformed services. Family military leave: The Oregon Military Family Leave Act applies to employers that employ 25 or more employees for each working day during each of 20 or more calendar workweeks in the year in which leave is to be taken, or in the year immediately preceding the year in which leave is to be taken. During a period of military conflict, such employers must provide an employee, who is the spouse of a member of the Armed Forces, the National Guard, or the reserves who has been notified of an impending call or order to active duty or who has been deployed, up to a total of 14 days of unpaid leave per deployment after the military spouse has been notified of an impending call or order to active duty and before deployment and when the military spouse is on leave from deployment. Employees who qualify for leave must have worked for the employer for an average of at least 20 hours per week. Note: The Oregon Family Fairness Act provides that any privilege, immunity, right, or benefit granted by law to an individual who is or was married is granted to an individual who is or was in a domestic partnership, and that any responsibility imposed by law on an individual who is or was married is imposed on an individual who is or was in a domestic partnership. Employees must provide their employer with notice of their intention to take leave within five business days of receiving official notice of an impending call or order to active duty or of a leave from deployment. Employees can elect to substitute any accrued leave to which the employee is entitled for any part of family military leave. Note: Leave taken shall be included in the total amount of leave authorized under the state s family/medical provisions. Employers are prohibited from retaliating or in any way discriminating against an employee for inquiring about, or taking, family military leave. The same job protection and benefits apply to family military leave as apply to the state s family/medical provisions. Veterans leave: Unless taking time off would be disruptive, employers must provide veterans with time off for Veterans Day, November 11. Employees must provide 21 calendar days notice of their intent to take the day off. Employees must provide documentation of their status as vets.

12 At least 14 calendar days prior to Veterans Day, employers must notify employees whether they will be provided with the time off and whether that time off will be paid or unpaid. Employers that determine that taking leave would be disruptive can deny leave to everyone who requested it or deny leave to the minimum number of employees needed to maintain operations. To honor employees military service, employers must allow those who were denied time off to take another day off within the year. MINIMUM WAGE Minimum hourly wage/overtime rate: $9.75/$14.63; $10.25/$15.38, begnning July 1, 2017; $10.75/$16.13, beginning July 1, 2018; $11.25/$16.88, beginning July 1, 2019, $12/$18, beginning July 1, 2020; $12.75/$19.13, beginning July 1, 2021; 13.50/$19.88, beginning July 1, Portland metro area: $11.25/$16.88, beginning July 1, 2017; $11.25/$16.88, beginning July 1, 2017; $12/$18, beginning July 1, 2018; $12.50/$18.75, beginning July 1, 2019; $13.75/$20.63, beginning July 1, 2020; $14/$21, begining July 1, 2021; $14.75/$22.13, beginning July 1, Thereafter, employers must pay employees not less than $1.25 an hour more than the statewide minimum wage. Counties of Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa or Wheeler: $10/$15, beginning July 1, 2017; $10.50/$15.75, beginning July 1, 2018; $11/$16.50, beginning July 1, 2019; $11.50/$17.25, beginning July 1, 2020; $12/$18, beginning July 1, 2021; $12.50/$18.75, begining July 1, Thereafter, employers must pay employees not less than $1 an hour more than the statewide minimum wage. Basis for overtime: Over 40 hours/week. Opportunity wage for under 20-year-olds: None. Note: State inflation adjusts its minimum wage annually. NATIONAL ORIGIN Under the Oregon Fair Employment Practice Act, employers are prohibited from refusing to hire, barring from employment, terminating, or otherwise discriminating against an individual with respect to compensation or terms, conditions, or privileges of employment based on national origin, including ancestry. In addition, employers cannot print, circulate, or cause to be printed or circulated any statement, advertisement, or publication, or use any form of application for employment or make any inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification, or discrimination based on national origin, including ancestry. For purposes of the Act, an employer is defined as any individual who in the state, directly or through an agent, engages or uses the personal service of one or more employees and reserves

13 the right to control the means by which such service is or will be performed. NEW-HIRE REPORTING Data to be reported: Employee s name, address, SSN; employer s name, address, federal EIN. Reporting deadline/form: Within 20 days of hire or rehire, including employees who were granted unpaid leave longer than 45 days; on W-4s or New Hire Reporting Form (Form SED 580). OVERTIME Basis for overtime: Over 40 hours in a workweek. The state has clarified its position on the revised federal white-collar regulations. State and federal law continue to parallel each other. The state rejects the highly-compensated employee exemption. Also, the federal regs allow disciplinary docking and deductions from final pay, which state law does not. Finally, differences in the wording of the duties tests exist. Employers are urged to consult both state and federal laws before deciding whether a position is exempt. PAY STATEMENTS Information required: Gross/net pay; description of deductions; hours worked, rate of pay, pay period; employer s name, address, phone number. Beginning January 1, 2017, employers must include the following information on employees pay statements: The date of payment; The dates of work covered by the payment; The employee s name; The employer s name and business registry number or business identification number, as well as the employer s address and telephone number; The employee s rate or rates of pay, gross wages and net wages; Whether the employee is paid by the hour, shift, day or week, or on a salary, piece or commission basis; The amount and purpose of every deduction made during the pay period; Allowances employers claim as part of the minimum wage; Nonexempt employees regular hourly rates of pay, their overtime rates of pay, the number of regular and overtime hours worked during the pay period;

14 For employees who are paid on a piece-rate basis, the applicable piece rate of pay, the number of pieces completed at each piece rate and the total pay for each rate. Employers may provide employees with paper or electronic statements if employees can print and store their statements on payday. PERSONNEL FILES At the request of an employee, an employer is required to provide a reasonable opportunity for the employee to inspect his/her personnel files, including records that are used to determine the employee s qualifications for employment, promotion, additional compensation, or termination. Employers are allowed to charge employees a reasonable copying fee. Personnel records do not include: records relating to the conviction, arrest, or investigation of conduct constituting a violation of criminal laws; confidential reports from previous employers; or records maintained in compliance with the law dealing with access to personnel records from institutions of higher education. Personnel records must be presented for inspection or provided to the employee (certified copy) within 45 days of request. However, employers and employees are allowed to agree to an extension of time for copying and inspection. POLYGRAPH TESTING No employer may require, as a condition for employment or continuation of employment, that any person or employee take a polygraph test or any other form of lie detector test. POSTING REQUIREMENTS Unemployment Insurance All employers with one or more employees Workers Compensation All employers with one or more employees Minimum Wage Non-Agricultural (English & Spanish) All employers, except government and agriculture Minimum Wage Agricultural (English & Spanish) All agricultural employers Safety & Health Protection on the Job (English & Spanish) All employers with one or more employees Family Leave (English & Spanish) All employers with 25 or more employees in Oregon No Smoking All employers Domestic Violence Leave Employers with six or more employees for 20 calendar weeks

15 PREGNANCY Coverage: Employers of 25 or more employees. Length of leave: Female employees granted pregnancy disability leave under state family/ medical leave law need not requalify for an additional 12 weeks of leave within the same year for any family/medical leave purpose. Paid leave: Employees are entitled to use any accrued vacation leave, sick leave, or other compensatory leave during pregnancy leave. Leave need not be with pay unless paid leave is specified by an agreement of the employer and employee, by collective bargaining agreement, or by employer policy. Benefits need not accrue during pregnancy leave unless accrual is required under an agreement of the employer and employee, a collective bargaining agreement, or an employer policy. Notification: Employees may be required to give 30 days notice of anticipated delivery date and leave. Certification: Employers may require medical substantiation that a transfer is reasonably necessary, and may require medical verification that the employee is physically able to return to work. Reinstatement: When employees are released to return to work following pregnancy leave, they must be returned to their former or equivalent jobs, without loss of seniority, vacation credits, sick leave credits, service credits under a pension plan, or any other benefits or rights earned at the time leave was taken reduced by any paid leave the employee used during leave. If the employer s circumstances have so changed that the employee cannot be reinstated to her former or an equivalent job, she must be reinstated to any other position that is available and suitable. The employer need not discharge any employee in order to reinstate the employee to any job other than her former job, unless required by an agreement of the employer and employee, a collective bargaining agreement, or an employer policy. Note: Prohibited discrimination because of sex includes, but is not limited to, discrimination because of pregnancy, childbirth, and related medical conditions or occurrences. Women affected by pregnancy, childbirth, or related medical conditions or occurrences shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as other persons not so affected but similar in their ability or inability to work by reason of physical condition. See also family/medical leave. RACE Under the Oregon Fair Employment Practice Act, employers are prohibited from refusing to hire, barring from employment, terminating, or otherwise discriminating against an individual with respect to compensation or terms, conditions, or privileges of employment based on race or color. In addition, employers cannot print, circulate, or cause to be printed or circulated any statement, advertisement, or publication, or use any form of application for employment or make any

16 inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification, or discrimination based on race or color. For purposes of the Act, an employer is defined as any individual who in the state, directly or through an agent, engages or uses the personal service of one or more employees and reserves the right to control the means by which such service is or will be performed. REFERENCES Blacklisting: Employers cannot blacklist or conspire to blacklist any discharged employee to prevent the employee from securing other employment. Circulation of, or involvement in the circulation of, false written or printed matter to prevent the employment or cause the discharge of an employee is unlawful. References: An employer is immune from liability for disclosing information about a former employee s job performance when requested by a prospective employer. The assumption of good faith is lost if the information: 1) was knowingly false or deliberately misleading; 2) was rendered with malicious purpose; or 3) violated any civil right of the former employee protected by state fair employment practices law. An employer cannot be sued for defamation based on a claim that the former employee, when seeking a new job, may be forced to reveal the reasons given by the employer for the termination. Social media: Employers cannot require or request current employees or job candidates to disclose their usernames and passwords to their personal social media accounts; add an employee, supervisor, or administrator to their contact lists; require employees or job applicants to authorize employer advertising on their personal accounts; or compel employees or job applicants to access their personal social media accounts in their presence. Further, employers cannot take any action against, threaten to discharge, discipline, or otherwise penalize employees or job candidates for exercising these rights or for refusing to establish or maintain a personal account. Excluded: Employers can require these actions from social media accounts opened by employees at their request or when employees are provided with company accounts or other software programs owned and operated by their employers. Employers that inadvertently receive employees usernames, passwords, or other login information through employer-provided equipment aren t liable for having this information, but they can t use it to gain access to employees social media accounts. Employers may, however, view information about current employees or job candidates that is publicly available on the Internet. In addition, employers must continue to comply with federal, state, and local laws and regulations requiring certain disclosures. Employees may be requested to disclose their usernames and passwords if it s reasonably believed to be relevant to a formal investigation or related proceeding regarding a violation of law or company policy. RELIGION Under the Oregon Fair Employment Practice Act, employers are prohibited from refusing to

17 hire, barring from employment, terminating, or otherwise discriminating against an individual with respect to compensation or terms, conditions, or privileges of employment based on religion. Employers cannot print, circulate, or cause to be printed or circulated any statement, advertisement, or publication, or use any form of application for employment or make any inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification, or discrimination based on religion. Amendments to the Act, known as the Oregon Workplace Religious Freedom Act, require employers to provide reasonable accommodation of the religious practices of an employee, unless doing so would impose an undue hardship. The Act specifically requires employers to permit employees to use leave as an accommodation and prohibits an occupational requirement that restricts the ability of employees to wear religious clothing, take time off for a holy day, or participate in a religious observance or practice. For purposes of the Act, an employer is defined as any individual who in the state, directly or through an agent, engages or uses the personal service of one or more employees and reserves the right to control the means by which such service is or will be performed. In addition, employers are prohibited from discharging, disciplining, or taking any other adverse action against an employee because the employee declines to attend or participate in an employer-sponsored meeting if the primary purpose of the meeting is to communicate the opinion of the employer about religious matters. No provision. REPORTING PAY SAFETY Click on the following link to access Oregon s Occupational Safety and Health Administration home page. No provision. SCHOOL VISITATION LEAVE SEX DISCRIMINATION Under the Oregon Fair Employment Practice Act, employers are prohibited from refusing to hire, barring from employment, terminating, or otherwise discriminating against an individual with respect to compensation or terms, conditions, or privileges of employment based on sex, unless a bona fide occupational qualification exists.

18 In addition, employers cannot print, circulate, or cause to be printed or circulated any statement, advertisement, or publication, or use any form of application for employment or make any inquiry in connection with prospective employment, which expresses, directly or indirectly, any limitation, specification, or discrimination based on sex, unless a bona fide occupational qualification exists. For purposes of the Act, an employer is defined as any individual who in the state, directly or through an agent, engages or uses the personal service of one or more employees and reserves the right to control the means by which such service is or will be performed. SEXUAL HARASSMENT State employers must provide employees a work environment free from sexual harassment, which is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature from any person directed towards, or in the presence of, an employee or applicant when: submission to the conduct is either explicitly or implicitly a term or condition of the individual s employment; submission to or rejection of the conduct by the individual is used as the basis for employment decisions affecting the individual; or such conduct has the purpose or effect of unreasonably interfering with the individual s work performance or creating an intimidating, hostile, or offensive working environment. SEXUAL ORIENTATION DISCRIMINATION The Oregon Equality Act prohibits employers from refusing to hire or promote, demoting, transferring, disciplining, laying off, or otherwise discriminating against an individual with respect to compensation or terms, conditions, or privileges of employment based on sexual orientation. The Act does not prohibit employers from enforcing otherwise valid dress codes or policies, as long as the employer provides, on a case-by-case basis, for reasonable accommodation of an individual based on the health and safety needs of that individual. The Act defines sexual orientation as an individual s actual or perceived heterosexuality, homosexuality, bisexuality, or gender identity, regardless of whether the individual s gender identity, appearance, expression, or behavior differs from that traditionally associated with the individual s sex at birth. An employer is defined as having one or more employees. SMOKING The state s Smokefree Workplace Law prohibits smoking in nearly all workplaces, including bars and restaurants, with very limited exceptions. The law also prohibits smoking within 10 feet of entrances, exits, windows that open, and ventilation intakes of such places.

19 Employers must post no smoking within 10 feet signs at all building entrances and exits. Employers must also remove all ashtrays and other receptacles for smoking debris from the workplace and from within 10 feet of entrances, exits, windows, and ventilation intakes. State employees: Under Executive Order No , smoking (including electronic cigarettes and smokeless tobacco) is prohibited in state buildings and on state property. The Oregon University System and Oregon community colleges are excluded from this mandate. See also lifestyle discrimination. SOCIAL SECURITY NUMBER PRIVACY The Oregon Identity Theft Protection Act requires employers to have a plan in place to protect the sensitive data (e.g., Social Security numbers) they collect, keep, and share. Specifically, employers must develop, implement, and maintain reasonable administrative, technical, and physical safeguards, such as designating one or more employees to coordinate a security program; assessing the company s information processing, transmission, and storage risks; detecting, preventing, and responding to computerized intrusions; and properly disposing of information through shredding, burning, or rendering it unreadable in electronic form through encryption or similar procedure. Social Security numbers may not be printed on any mailed materials not requested by a consumer, unless redacted; printed on a card required to access products or services provided by the employer; or publicly posted or displayed. Employers that maintain personal information must notify their customers if computer files containing that personal information have been subject to a security breach. Notification must occur as soon as possible. UNEMPLOYMENT INSURANCE Click on the following link to access Oregon s unemployment insurance tax information for employers. VACATION PAY UPON TERMINATION Employers are required to honor any established policy or agreement relating to the payment of benefits, such as accrued vacation pay upon termination. Employees who qualify for the payment of benefits under the employer s policy should be paid for these upon termination. VIOLENCE Domestic violence: Under the Oregon Victims of Certain Crimes Leave Act (OVCCLA), an employer with six or more employees for each working day of 20 or more calendar workweeks

20 must allow any employee to take reasonable leave, with or without pay, if the employee or his/her minor child is a victim of domestic violence, sexual assault, or stalking. (Note: The definition of a victim of domestic violence has been amended to include someone who has been threatened with abuse). Leave may be used to: seek legal or law enforcement assistance or remedies to ensure health and safety, including preparing for and participating in protective order proceedings or other civil or criminal proceedings; seek medical treatment for or to recover from injuries; obtain counseling from a licensed mental health professional; obtain services from a victim services provider; or relocate or take steps to secure an existing home. An employee may use any paid, accrued vacation leave, sick leave, personal business leave, or other paid leave in lieu of vacation, during the period of leave. An employer may limit the amount of leave if the employee s leave creates an undue hardship on the employer s business. An employee must give reasonable advance notice to his/her employer, unless doing so is not feasible. Note: To the extent the employee s need for OVCCLA leave is also covered by the Oregon Family Leave Act (OFLA), the employer may run OVCCLA and OFLA leave concurrently. It is an unlawful employment practice for any employer to deny leave, retaliate, or in any way discriminate against any person because the person has inquired about OVCCLA leave, submitted a request for OVCCLA leave, or invoked any provision of OVCCLA. Also, employers may not refuse to hire or otherwise discriminate against a qualified individual because the individual is a victim of domestic violence, sexual assault, or stalking. Employers are required to make reasonable safety accommodations requested by an individual who is a victim of domestic violence, sexual assault, or stalking, unless the employer can demonstrate that it would impose an undue hardship. Public employers are required by state policy to promote the use of early intervention strategies to avoid or minimize the occurrence and effects of domestic violence, sexual assault, or stalking in the workplace. Such strategies include: mandatory training for all managers, supervisors, and Human Resource staff; voluntary training for all employees; a resource list indicating where victims and abusers can go for assistance, to be prominently posted in each office location; confidentiality regarding an employee request for resource or referral information or other related matters; and reasonable safety measures, support, and assistance, upon request, for affected employees.