Oregon passed several employment bills this year that will affect Oregon employers. 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. Lawyer profiles include the biography, education and training, and client recommendations of a lawyer to help you decide who to hire. Such laws establish the minimum wage rate for employees, including overtime pay and other wage laws. 1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on Jan 18, 2021. In order to proceed with a defamation claim based on a job reference, an employee must show that the employer acted in bad faith by disclosing information that: Additional information on organizational exit practices in Oregon can be found in Payment of Wages: Oregon, Employee Communications: Oregon and Does This Law Apply to My Organization in Oregon? Use the Online Claim System; Benefits Estimator; iMatchSkills Registration/Login; UI Program Updates; UI Help Center. Employees must be paid at least every 35 days on regularly scheduled paydays. 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. 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. Oregon employees are entitled to a minimum wage of $11.25 per hour in 2020. 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. Certain employees are entitled to overtime pay for hours worked in excess of 10 per day. Speak to an Experienced Employment Law Attorney Today. This guide will give you a basic overview of OR overtime laws so you can understand whether your employer has been violating the law. Then, the employer must confirm for the Department of State Police that the applicant has been advised and the manner in which he or she was advised. Whether the time is paid or unpaid depends on the size of the employer. Gunderson Employment Law Employees are a company’s reputation. The employer shall provide the employee a reasonable rest period to express milk each time the employee has a need to express milk. Employers can call the Technical Assistance Hotline at 971-673-0824 or email bolita@boli.state.or.us. The existence of expunged juvenile criminal records; Lawful use of tobacco products during off-duty hours; Providing testimony in a government proceeding; Good-faith reports of health or safety conditions or patient abuse; and. Discover the variety and depth of our HR resources and understand how XpertHR ensures your team stays compliant and confident. We recommend using Google Chrome , Firefox , or Microsoft Edge . Oregon's disability discrimination law applies to employers with six or more employees. Federal requirements can be found in Health Care Continuation (COBRA): Federal and Payment of Wages: Federal. However, an employer may ask a prospective employee for written authorization to confirm prior compensation after the employer makes a job offer that includes an amount of compensation. Oregon employment law can be difficult to navigate. Employees who resign and provide at least 48 hours' notice of their resignation must be paid immediately. In Oregon, covered employers include those with one or more employees in both the public and private sectors, as well as labor organizations and employment agencies. 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. The employer-employee relationship is full of real-world emotional importance and potential for financial impact. 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). From defining the state’s minimum wage, overtime pay, and pay day requirements, to regulating more complex issues like union membership and organization, Oregon’s employment statutes cover just about everything. An employer must provide reasonable unpaid rest periods to accommodate an employee who needs to express milk for the employee's child. Please press Ctrl/Command + D to add a bookmark manually. If you need to get legal advice about your particular situation, or need more in depth information about Oregon overtime laws, you may want to talk to an employment attorney in your area. 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. These state and federal laws provide for substantial penalties (payable to employees) for violation of these requirements. Robert Meyer and Christina Stephenson are employment law attorneys serving the state of Oregon. 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. When a relationship in the workplace falls apart, the implications can be catastrophic. Exceptions include federally insured banks or credit unions, law enforcement officers and where state or federal law requires the use of credit information. Additional information on pay and benefits practices in Oregon can be found in Health Care Continuation (COBRA): Oregon, Payment of Wages: Oregon and Does This Law Apply to My Organization in Oregon? An employer generally must provide employees with access to their personnel records and time and pay records within 45 days of the employee's request. 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. September 5, 2019. Timely Guidance for Staying in Compliance *Use of this material is governed by XpertHR’s Terms and Conditions. An employer must comply with both federal and state law. Select Oregon employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. Payment upon Separation from Employment. 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 … Oregon has many laws that provide greater protections to employees than federal law, including broader antidiscrimination protections, a higher minimum wage and health care continuation coverage obligations for smaller employers, but generally follows federal law with respect to topics such as jury duty leave and occupational health and safety. Oregon Employment Law Update: Summary & To Do List. Your browser does not allow automatic adding of bookmarks. Employment of minors under the age of 14 is generally prohibited. Use the contact form on the profiles to connect with an Oregon lawyer for legal advice. Use of the service is subject to our terms and conditions. (503) 459-4010 info@oregonworkplacelaw.com Detailed law firm profiles have information like the firm's area of law, office location, office hours, and payment options. Employment attorneys focus on the many laws concerning the relationship between employers and employees. Employees who are fired, discharged, or terminated; Employees who quit or resign; Employees who is suspended or resigns due to a labor dispute (strike) Employees who are laid off; Pre-hire Medical, Physical, or Drug Tests; Severance; Statement of Wages (Pay Stub) Tools and other items necessary for employment; Uniforms An employer must advise job applicants that criminal offender information will be sought. If the employer is required by law or contract to provide the employee with paid rest periods, the employer shall treat the rest periods used by the employee for expressing milk as paid rest periods, up to the amount of time the employer is required to provide as paid rest periods. Page 2 results. Under the Oregon Sick Time Law (OSTL), eligible employees are entitled to accrue up to 40 hours of sick and safe time each year. For more than 25 years, Attorney Erik Gunderson has given peace of mind to his employment law clients. Employees who work between 22 and 24 hours during a single work period are entitled to a third 30-minute meal break. Continuation coverage generally lasts up to nine months. An employer must also comply with applicable municipal law obligations affecting the employment relationship, in addition to complying with state and federal requirements. Oregon employment and labor attorneys. This article is intended to be helpful and informative. Additional information on wage and hour practices in Oregon can be found in the Oregon Employee Handbook Table of Contents, Minimum Wage: Oregon, Overtime: Oregon, Hours Worked: Oregon, Child Labor: Oregon, Oregon Workplace Labor and Employment Law Posters and Does This Law Apply to My Organization in Oregon? Oregon law prohibits an employer from discriminating and retaliating against employees in a variety of protected classes. Oregon Employment Law Services Discrimination, Wrongful Termination, Harassment, and more Employment Attorneys serving all of Oregon Our experienced employment law team represents employees on a contingency fee basis in cases involving discrimination, harassment, retaliation, employment contracts, wage claims, and wrongful termination. Key Oregon requirements impacting wages and hours are: Oregon's minimum wage rate varies depending on where an employer is located. An employer must implement a written safety and health program. Federal requirements can be found in HR and Workplace Safety (OSHA Compliance): Federal and Employee Health: Federal. Federal requirements can be found in Minimum Wage: Federal, Overtime: Federal, Hours Worked: Federal and Child Labor: Federal. A qualified employment lawyer can address your particular legal needs, explain the law, and represent you in court. 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. 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. Employment Contracts and Oregon Law. If you feel your employer has treated you wrongly as an employee, or if you're an employer who needs to terminate an unsatisfactory employee, you may benefit from the services of an employment attorney. Oregon passed several employment bills this year that will affect Oregon employers. 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. An employer must provide certain working conditions for minors, including a sanitary and safe work area, adequate lighting and ventilation, and adequate wash rooms and toilet facilities. The special relationship between employer and employee is unlike anything else in the law.Our promise to our clients ». Find Oregon Employment lawyers, attorneys, law firms - OR Employment Lawyers Internet Explorer 11 is no longer supported. 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. Overview. Federal requirements can be found in Payment of Wages: Federal and Employee Communications: Federal. An employer may not ask job applicants about their salary history or seek the information from a current or former employer. Oregon also prohibits smoking in the workplace and texting while driving. 4531 SE Belmont St, Ste 207, Portland, OR 97215. Whereas criminal law or discrimination law are governed by statutes, contract disputes are decided using “common law,” which is made up of all of the previous cases decided by courts. Oregon law goes even further and protects employees who are at least 18 years old, so it is possible that younger employees may experience “reverse” discrimination if they are treated differently than older employees. Smoking is also prohibited within 10 feet of all entrances, exits and accessibility points, such as windows or air-intake vents. Employment of minors requires an employment certificate and proof of age. An employer may not use tips as credit toward minimum wages owed to an employee. Oregon law prohibits drivers from using or even holding a mobile electronic device while driving, but permits the use of a hands-free device. The following article provides an update on the new laws and a list of tasks for Oregon … You need a trusted advisor who can help you avoid claims or lawsuits. 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). For a free consultation call (503) 459-4010. Individuals electing continuation coverage must pay 100 percent of the full group premium, on a monthly basis, in advance. Positive test results that will cause denial of employment must be confirmed by a clinical laboratory or an equivalent out-of-state facility before the result is released. Suite 1410 Under federal law, employees over the age of 40 are protected against employment decisions that take age into consideration. Federal law and guidance on this subject should be reviewed together with this section. The employer may charge an amount reasonably calculated to recover the actual cost of providing the services. Oregon Employment Law & HR Update 2021. Oregon employers enjoy a qualified privilege when furnishing a job reference to an employee's prospective employer. Oregon Employment Law. One breach or legal misstep can jeopardize everything. The Oregon Legislature adjourned June 30 with many proposed new employment laws not enacted, however, several others have passed and will become effective soon. I have practiced law in Eugene, Oregon since 2004. 707 SW Washington Street Additional information on recruiting and hiring practices in Oregon can be found in Preemployment Screening and Testing: Oregon, Employment Offer: Oregon and Does This Law Apply to My Organization in Oregon? Oregon law does not exempt agricultural occupation as federal law does. 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). Oregon law prohibits an employer from discriminating and retaliating against employees in a variety of protected classes. Oregon law prohibits the use of expunged juvenile records in making employment decisions. An Oregon employer with six or more employees must provide reasonable accommodations for an employee's limitations related to pregnancy, childbirth or related medical conditions, including lactation, unless doing so would create an undue hardship for the employer. Employers must also provide pregnancy accommodations, allow employees to access their personnel files, protect whistleblowers and allow wage discussions. You need someone to go to bat for you. The Oregon Safe Employment Act (OSEA) requires an employer to provide a safe and healthful workplace for employees, including furnishing devices and safeguards and adopting processes that are reasonably necessary to protect employees' safety and health. (Employers in Portland and nonurban counties must pay a different rate; see the Oregon Bureau of Labor & Industries minimum wage rate summary for more information.) Key Oregon requirements impacting EEO, diversity and employee relations are: Oregon's fair employment practices law applies to employers with one or more employees. Most employers must also establish safety committees. An employer with 10 or fewer employees is not required to provide rest periods if doing so would impose an undue hardship on the employer's business operations. 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. Today, he focuses his practice on terminations and other related facets of the employment relationship. The Oregon Employment Law Help Center offers a unique opportunity for Employment Law Firms and Attorneys from the state of Oregon looking to reach potential clients that have been wronged in the work place. Oregon employment law can be difficult to navigate. My practice emphasizes Intellectual Property, Corporate and Limited Liability Company Formations, Civil Litigation, and Employment Law. XpertHR is part of the LexisNexis® Risk Solutions Group portfolio of brands. The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) and Oregon military leave law both require employers to allow employees to take leave from work for federal or state military service … Oregon’s current minimum wage, as of 2016, is $9.75 an hour. The following article provides an update on the new laws and a list of tasks for Oregon employers to … I enjoy delivering exceptional client service and take pride in gaining and retaining my clients' confidence. Meal breaks need not be paid, unless the employee is not truly relieved of all duties. Implied Employment Contracts in Oregon Many aspects of the Oregon employment relationship may be implied, including the terms of compensation and benefits as well as job duties and responsibilities. In Oregon, ORS 15.320 provides that Oregon law will apply to a contract for services to be performed primarily in Oregon by an Oregon resident. 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. Family Leave In Oregon, there are requirements relating to the minimum wage, overtime, meal and rest breaks, breastfeeding breaks and child labor. 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). 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 employer-employee relationship is full of real-world emotional importance and potential for financial impact. Oregon Employment Law. Oregon allows preemployment criminal checks and drug testing, but limits credit checks. Compare 469 employment attorneys in Oregon on Justia. Oregon employment law is governed by both state law and the Fair Labor Standards Act (FLSA). Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. 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. An employer may pay wages by direct deposit or with electronic paycards if certain conditions are met. Each time wages are paid, an employer must provide each employee with an accurate, itemized written pay statement. From: Oregon Employment Law Letter | 12/01/2020 by Destiny Smith Washington, FordHarrison LLP Because of the COVID-19 crisis, there was no trick-or-treating or family party for Halloween 2020. COVID-19 Oregon Employment Law Questions & Answers. A reasonable accommodation may include: more frequent or longer break periods; and modification of work schedules or job assignments. The minimum wage increases on July 1 of every year until 2023 according to a set schedule. My UI Claim. Instead, we opted for a movie night by the campfire, complete with s'mores. For nonexempt employees, the regular hourly rate(s) of pay, the overtime rate(s) of pay, the number of regular hours worked and pay for those hours, and the number of overtime hours worked and pay for those hours. The rest periods may not be added to or deducted from the employee's regular work shift to reduce the employee's overall work period. The Oregon State Bar Association (OSBA) has written an excellent explanation of contract employment law. An employer may pay employees different compensation for work of a comparable character if the differential is based on a bona fide factor related to the job position and based on: An employer may pay employees for work of comparable character at different compensation levels based on one or more of the bona fide factors (e.g., a seniority system, a merit system, workplace locations) that are contained in a collective bargaining agreement. An employer that wishes to employ individuals under the age of 14 must apply for a work permit. Minors under the age of 18 are prohibited from working in occupations deemed hazardous by federal law. Employees are a company’s reputation. An employer must inform its employees of the ban, as well as post signage at all building entrances and exits. Oregon law requires that most nonexempt employees must be paid at least one and one-half times their regular rate of pay for all hours worked in excess of 40 hours in a workweek. Your job is how you support your family, and your colleagues can become a second family over time. Oregon Employment Laws The Beaver State is a fantastic place to work, and its employment laws cover just about every situation you can find yourself in at your job. 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. , employees over the age of 18 are prohibited from working in occupations hazardous! An accurate, itemized written pay statement COBRA ): federal take pride in gaining retaining. Job assignments ( OSHA Compliance ): federal and employment law attorneys serving the state,... Client service and take pride in gaining and retaining my clients ' confidence the employer-employee relationship full! On Jan 18, 2021 certain circumstances with state and federal requirements can be found in wage. 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Employee a reasonable rest period to express milk each time the employee 's prospective employer be helpful informative. Corporate and Limited Liability Company Formations, Civil Litigation, and represent you in.!