An employee who has access to wage information as part of his or her job and who discloses the information to any individual without authorized access is not protected, unless the disclosure is in response to a charge or complaint or in conjunction with an investigation, proceeding or hearing, including internal investigations. The employee's or a family member's illness, injury or health condition; need for care or treatment; or need for preventive medical care; To care for an infant, a newly adopted child or a newly placed foster child; The employee's or a family member's serious health condition; To care for a child who is suffering from an illness, injury or condition that is not considered a serious health condition, but requires home care; Bereavement following the death of a family member; Reasons related to domestic violence, harassment, sexual assault or stalking; Donation of accrued time to another employee; or. Property Lawyer. Employers must also provide pregnancy accommodations, allow employees to access their personnel files, protect whistleblowers and allow wage discussions. Your job is how you support your family, and your colleagues can become a second family over time. A system based on quantity or quality of production, including piece-rate work; Any combination of the above factors, if the combination accounts for the entire compensation differential. Employers can call the Technical Assistance Hotline at 971-673-0824 or email bolita@boli.state.or.us. Oregon Employment Law. Minors under the age of 16 are prohibited from working in a variety of other occupations. Key Oregon requirements impacting pay and benefits are: Under Oregon law, certain group health policies issued to employers with fewer than 20 employees must offer continuation coverage to covered employees and their qualified beneficiaries upon a qualifying event, including termination of employment, reduction in hours, eligibility for Medicare, loss of dependent child status, termination of membership in the group health plan and the employee's death. The employer shall provide the employee a reasonable rest period to express milk each time the employee has a need to express milk. Federal requirements can be found in EEO - Discrimination: Federal, EEO - Harassment: Federal, EEO - Retaliation: Federal, Disabilities (ADA): Federal, HR Management: Federal and Employee Discipline: Federal. Exceptions include federally insured banks or credit unions, law enforcement officers and where state or federal law requires the use of credit information. Family Leave I enjoy delivering exceptional client service and take pride in gaining and retaining my clients' confidence. An employer must also comply with applicable municipal law obligations affecting the employment relationship, in addition to complying with state and federal requirements. In addition, Oregon requires an employer with 20 or more employees to provide continuation coverage for surviving, divorced and separated spouses and their covered dependents. An employer may not terminate, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment because the employee has made a good-faith report of a violation of a state or federal law, rule or regulation. Oregon employment law is governed by both state law and the Fair Labor Standards Act (FLSA). *Use of this material is governed by XpertHR’s Terms and Conditions. Portland, OR 97205, Independent Contractors, Gig Workers, and Freelancers, Federal Whistleblower Protection Act Gets A Haircut, Applying Governor Brown's Stay-At-Home Order. Oregon employers are permitted to conduct preemployment drug tests, but must follow state law governing the manner in which such testing is done. An Oregon employer is generally prohibited from obtaining or using credit history information for employment purposes, unless such information is substantially job related (e.g., an essential job function requires access to financial information; credit history information is needed for bonding or insuring the employee). Child labor laws in Oregon restrict the occupations in which minors may be employed and the number of hours and times during which they may work. Crime victim leave (covering employers with six or more employees); Domestic violence leave (covering employers with six or more employees); Legislative leave (covering employers with 10 or more employees). Page 2 results. The materials and information included in the XpertHR service are provided for reference purposes only. (503) 459-4010 info@oregonworkplacelaw.com Oregon allows preemployment criminal checks and drug testing, but limits credit checks. The following article provides an update on the new laws and a list of tasks for Oregon … Oregon's disability discrimination law applies to employers with six or more employees. September 5, 2019. Oregon employers with one or more employees are prohibited from discriminating in the payment of wages based on protected class status,defined as race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, or age. The employer-employee relationship is full of real-world emotional importance and potential for financial impact. Employees must be paid in cash or by checks that can be cashed in full, without fees or discounts at a bank or an established business located within the county where the employee lives or works. Under Oregon law, employees are entitled to certain leaves or time off, including family leave, paid sick leave, domestic violence leave, bone marrow donation leave and time off on Veterans Day. Oregon law prohibits an employer from discriminating and retaliating against employees in a variety of protected classes. Additional information on health and safety practices in Oregon can be found in the Oregon Employee Handbook Table of Contents, HR and Workplace Safety: Oregon, Employee Health: Oregon, Oregon Workplace Labor and Employment Law Posters and Does This Law Apply to My Organization in Oregon? The employee's or a covered family member's serious health condition; The employee's child has an illness, injury or condition that requires home care, but does not have a serious health condition; The birth, adoption or placement for foster care of a child; Bereavement following the death of a family member. 4531 SE Belmont St, Ste 207, Portland, OR 97215. Oregon Increases Minimum Wage to $9.10/hour On January 1, 2014, Oregon’s minimum wage will increase to $9.10/hour (up from $8.95/hour). The Oregon State Bar Association (OSBA) has written an excellent explanation of contract employment law. Gunderson Employment Law Exceptions apply to employees in a retail or service establishment, employees who work fewer than five hours in any continuous 16-hour period, employees who work alone and employees who are allowed to leave their work station to use the restroom facilities as needed. Oregon law prohibits an employer from discriminating and retaliating against employees in a variety of protected classes. Oregon passed several employment bills this year that will affect Oregon employers. You need a trusted advisor who can help you avoid claims or lawsuits. Employees are a company’s reputation. Please press Ctrl/Command + D to add a bookmark manually. An employer must provide employees with a 10-minute rest period - during which the employee is relieved of all duties - for every four-hour work segment or major portion thereof (i.e., more than two hours). Copyright © 2021 LexisNexis Risk Solutions Group, At-Will, Contracts and Restrictive Covenants, Risk Management - Health, Safety, Security, Employer-Sponsored Charitable and Social Events, Other Time Off Requirements Affecting Oregon Employers, Labor and Employment Law Overview requirements for other states, Oregon Employee Handbook Table of Contents. For a free consultation call (503) 459-4010. Key Oregon requirements impacting health and safety are: Oregon operates its job safety and health programs covering the private sector under a state plan approved by the federal Occupational Safety and Health Administration (OSHA). 1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on Jan 18, 2021. Your job is how you support your family, and your colleagues can become a second family over time. Oregon law prohibits the use of expunged juvenile records in making employment decisions. An employer must inform its employees of the ban, as well as post signage at all building entrances and exits. XpertHR is part of the LexisNexis® Risk Solutions Group portfolio of brands. Amount and brief description of each deduction from the gross payment; Total number of hours worked during the time covered by the gross payment; Total number of hours worked at each rate of pay, if employee is paid under multiple pay rates; Number of completed pieces and rate of pay per piece, if employee is paid on a piece rate; Employer's name, address, telephone number and business registry or business identification number; Pay period for which the payment is made; Employee's payment method (i.e., by the hour, shift, day, week, salary, piece rate or commission); Allowances, if any, the employer is claiming as part of the minimum wage; and. In Oregon, there are requirements relating to the minimum wage, overtime, meal and rest breaks, breastfeeding breaks and child labor. Meal breaks need not be paid, unless the employee is not truly relieved of all duties. The employee shall, if feasible, take the rest periods to express milk at the same time as the rest periods or meal periods otherwise provided to the employee. It is also unlawful to screen job applicants based on current or past compensation, or to determine compensation for a position based on current or past compensation of a prospective employee with a different employer. This post covers the following Oregon Employment Termination law topics, among others: When must an Oregon employer pay final paycheck?What if an Oregon employer does not pay on time?What about vacation pay and paid time off (PTO)?Does Oregon Law require sales commissions to be … Employees who work more than 14 hours during a single work period are entitled to a second 30-minute meal break. Employment attorneys focus on the many laws concerning the relationship between employers and employees. Leave may be used for the following purposes: In addition to the OFLA and OSTL, an Oregon employer is also required to comply with a dozen other leave and time off laws, such as: Additional information on time off and leave of absence practices in Oregon can be found in the Oregon Employee Handbook Table of Contents, FMLA: Oregon, Paid Sick Leave: Oregon, Jury Duty: Oregon, Other Leaves: Oregon, USERRA: Oregon, Oregon Workplace Labor and Employment Law Posters and Does This Law Apply to My Organization in Oregon? Access indispensable resources below to help stay current with HR and employment law developments in Oregon, including more than 50 state-specific Employment Law Manual sections, customizable Oregon Employee Handbook templates and other state-specific resources, recently passed and upcoming state and local deadlines, and links to our local coverage. This guide will give you a basic overview of OR overtime laws so you can understand whether your employer has been violating the law. Such laws establish the minimum wage rate for employees, including overtime pay and other wage laws. Robert Meyer and Christina Stephenson are employment law attorneys serving the state of Oregon. The Oregon Indoor Clean Air Act prohibits smoking in enclosed areas open to the public and in enclosed areas under the control of an employer (e.g., work areas, employee lounges, shared work vehicles, rest rooms, conference rooms, cafeterias, meeting rooms). The special relationship between employer and employee is unlike anything else in the law.Our promise to our clients ». Payment upon Separation from Employment. Oregon passed several employment bills this year that will affect Oregon employers. Employment Law At McKean Smith, our experienced attorneys have a deep understanding of employment law, having represented both employers and employees. You need someone to go to bat for you. Our attorneys will help you navigate the issues that may arise whether you are an employer needing help drafting an employment agreement or an employee who has run into an issue of wrongful termination. Retail, hospitality and food services establishments with 500 or more employees worldwide, including chain and integrated enterprises, must: Be aware that where there is overlap between federal, state and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply. When a relationship in the workplace falls apart, the implications can be catastrophic. Oregon labor laws require employers to provide employees 18 years of age and over with paid, uninterrupted 10-minute rest breaks for every four (4) hour segment or major portion thereof that they work in a work period. Generally, departing employees must be compensated for accrued but unused vacation time at the final rate of pay, if an employment contract or employer policy provides for paid vacations. In addition to the federally protected classes (race, religion, color, sex, age, national origin, ancestry and disability), the law prohibits discrimination based on (but not limited to) the following factors: Harassment is a form of illegal discrimination and is also prohibited under the law. Oregon employment and labor attorneys. An employer may make deductions from an employee's wages if required by state or federal law, with the employee's written authorization, if authorized by a wage or collective bargaining agreement, or for other permissible reasons (e.g., garnishments, charitable donations, benefits). Oregon Employment Law Update: Summary & To Do List. 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