Oregon has recently raised the minimum wage for employees. Governor Brown signed into law an increase in Oregon minimum wage on March 2, 2016, and the law came into effect on July 1, 2016. According to the new Oregon minimum wage law, minimum wages vary according to the area of business operating within the state. The employers that are situated within an urban growth margin of a specific metropolitan service
The Muller case established the principles of equal and fair pay in the courts, including minimum wages in Oregon. There are a number of exceptions to the minimum wage laws in Oregon. The first is known as the executive exemption. Under these rules, those who are in executive positions do not fall within the listed occupations for the minimum wage laws. The main reason for this is that it is
Oregon, like most states in the USA, applies two different rules for small businesses and large enterprises. The indicator that is used for deciding whether a company is a small or large employer is the number of employees it has on its books. According to Oregon health insurance rules, only companies that have at least 50 employees are required to provide health insurance to their workers and the dependents of
Kate Brown, the Oregon Governor, signed H.B. 2005 into law on June 1, 2017. The passed law is also known as the Oregon Equal Pay Act of 2017. The law involves the restrictions that have been in place on salary history inquiries, expanding the remedies that exist for all the employees and the safe harbor given to volunteer employers who have assessed their payment practices to eliminate any discriminatory policies.
Oregon has recently employed a predictive scheduling system to control working hours. The trade unions in Oregon have been mainly supportive of the work schedules. However, they are well aware that employers will take advantage of every loophole possible. Therefore, these trade unions have been encouraging workers to report any cases of abuse as well as retaliation against those who report malpractice. Even then, the implementation of the work schedules
Although an employer has some discretion to select certain employees for redundancy, they must exercise any employer action in such a way that does not break Oregon employment law. The state has laid out certain procedures that must be followed. However, there is also an expectation that the employer will handle this sensitive process in a fair and mature way. Failure to follow the rules can lead to a successful
At some point in your working career, you may have witnessed or even been part of a workplace romance. Surveys show that 80% of employees in Oregon have either experienced or observed romantic affairs at work. Problems With Workplace Romance in Oregon Romantic affairs in the workplace are more common than you might imagine in Oregon. Employers have genuine reasons for worrying about dating among employees. Some of the risks
The year 2017 will forever go down in history as the year that Hollywood came together and held the men in power accountable for failing to create safe, comfortable workspaces for everyone. Names like Harvey Weinstein, Louis C.K., Morgan Spurlock, and Kevin Spacey populated news headlines. A number of people came forward, making their voices heard and accusing them of sexual harassment, ultimately forcing them down from their thrones. Perhaps
Are you given sufficient rest breaks at work? Is your personal health at risk due to a lack of consideration by your employer towards break policies? As an employee, you should have proper breaks in the workplace. Oregon Law clearly states that it is mandatory for employers to grant meal and rest breaks. Any violation of this rule can attract heavy penalties. For instance, the Bureau of Labor and Industries
The Deferred Action for Childhood Arrivals (DACA) is a program designed for immigrants’ protection. It came as an executive order in 2012. The program was meant to allow certain undocumented immigrant minors in the United States to apply for protection, including protection against deportation and authorization to work. The protections also include the right to attend schools in the United States. DACA beneficiaries may get an employment authorization document (EAD).
The Fairness Act for job applicants in Oregon now forbids employers from accessing information in a job applicant’s credit report for hiring purposes, except for cases in which the information relates to the company where the applicant is seeking a job (Revised Statutes Sec.659A.030). Let’s say an employer finds out that the information is related to the job to be performed. A printed assessment is issued to the applicant with
Can a simple credit check provide a comprehensive understanding of a potential employee? Can such a check differentiate a bad employee from a good one? According to a good number of insights from ordinary employers, conducting a credit check is important in selecting the suitable candidate for a given job position. In fact, a significant number of such employers argue that conducting such checks is crucial towards character verification and
Drug testing of employees is not specifically addressed in Oregon’s civil rights laws. This does not mean that the employers have carte blanche in conducting drug testing in all situations. It is legal for all employers to conduct drug tests, but it is mandatory for them to proceed with the testing carefully. It can easily infringe on the common laws of an employee, which is considered the privacy rights of
Are you given sufficient rest breaks at work? Is your personal health at risk due to a lack of consideration by your employer towards break policies? As an employee, you should have proper breaks in the workplace. Oregon Law clearly states that it is mandatory for employers to grant meal and rest breaks. Any violation of this rule can attract heavy penalties. For instance, the Bureau of Labor and Industries
Social media is here, and it is not going away. The average American spends a minimum of one hour of their workday answering personal calls, emails, and of course, social media. Millenials are quoted to be even more invested, spending an average of 1.8 hours a day on social media alone. Studies show that spending time on the internet during work hours is great for productivity as perusing your accounts
In Oregon, employers have to offer a sick leave rate of one hour for each 30 hours worked. Employees are capable of earning up to 40 hours of time in a year. An employer with between six and 10 employees is considered a small business employer, and their employees may be subject to different sick leave rules. Overtime hours worked are also considered as worked time. Employees working on exempted
Equal pay has become a hot topic for all lawmakers across the USA. Now, it is Oregon with HB 2500 equal pay legislation that ensures that every person gets equal pay for equal work. One of the rules they have put in place is that employers cannot check previous salary or ask about it during the interview. This is meant to prevent employers from paying new workers less than what
Most state governments plan to launch state-sponsored retirement saving programs. They are doing this in response to the retirement crisis. Currently, Oregon and Illinois are the leading states. They launched a retirement savings plan in July 2017 and June 2017, respectively. Therefore, employees in Oregon have a new and easy way to save for their retirement at work. According to the Oregon Treasury, one million employees are likely to benefit
Health care workers are closely following the recent changes made by lawmakers. In August of 2017, Oregon legislature passed two radical bills. One focuses on restricting the abusive labor practices by employers. It prevents the passing of the “right to work” anti-union laws by local authorities. The lawmakers also passed a bill taxing health care providers. This is to compensate for the Medicaid fund reduction. The industry has expected this
Oregon has a history of problems with race relations. Therefore, a number of laws and provisions were enacted in order to ensure that workers would no longer be subjected to racism and discrimination at work. The Cascade Management case demonstrates some of the tensions that still exist in the workplace today in Oregon. Recently a property management company called Cascade was found guilty of creating a hostile workplace environment for
The laws regarding sexual harassment have implications for many people who may not even be aware of their existence. For example, they can have serious consequences for the victim, perpetrator, and even the employer. Employers may be called upon to protect their workers. There are certain key issues of which all parties must be aware. We will demonstrate this with a series of recent cases. The Oregon Wildlife Agency Deals
There are certain professions in Oregon that are often the victims of unequal pay, low pay, and over work. The current provisions in the law are technically sufficient, but they may not be able to change the attitudes and practices of employers. Some employers are good at identifying any loopholes and then exploiting them. That is why it is important for people within these professions or positions to have lawyers
For both large and small business owners, following employment law is a necessity if you want to stay in business and stay away from the steep fines you can face. This is easier said than done in certain areas where the laws are tighter and work more regulated. Oregon is one of these, making it a perfect place to work for employees, but making life more difficult for the employers.
Employees who are first terminated from their jobs may be in such a panic that they do not consider the important question as to whether that termination was actually lawful and legitimate. The termination is a formal process that brings about certain obligations on both the employer and employee. One of the more complex parts of the law is that which relates to a termination with a discharge. Oregon has
The employment law in Oregon is largely a reactive response to the problems that have been encountered in the conduct of the employer-employee relationship. Some employers in Oregon engage in what is tantamount to wage theft. In this case, the employee has to take advantage of some of the avenues for recouping their wages that are available to them. The Oregon labor law specifically allows for securing backdated wages that
The tribunal is really a word that is closely associated with the law in England and Wales. The equivalent in Oregon is that of a constituted court of law that deals with employment disputes. Nowhere is this more important than in lawsuits that involve some aspect of discrimination. The courts will be examining personal information about both the defendant and plaintiff. Some of the information that is being discussed in
Oregon has been at the forefront of reforming the law that relates to the rights of workers as well as the ways in which they are compensated for their work. These laws have an impact on manufacturers as they are implemented. One of the areas that has been of key interest is that of overtime. The state has laws that specify what an employer can and cannot do when it
Current Oregon employment laws ensure that people are paid for the hours that they have worked. These provisions are in line with the Washington Minimum Wage Act, or MWA, which sets out the key forms and procedures required in order for employers to remain compliant with the law. Furthermore, the provisions are in line with the requirements of the Fair Labor Standards Act, or FLSA. Specifically, there are three categories
Oregon joins Seattle, San Francisco, California, Emeryville, and New York City in developing a predictive scheduling law as an addition to its minimum wage rules. The provisions of instrument number S.B. 828 will start to take full effect on the 1st of July, 2018. The provisions are meant to regulate the way in which employers schedule time and pay for workers within the hospitality, food, and retail industries. The rules
Since 2008, the Oregon Equality Act has protected employees in the state from discrimination based on their sexual orientation or gender identity. The law defines gender identity as the gender that a person believes they should be, not their biological gender. Gender identity protections apply also to transgender individuals or those who do not fit traditional gender stereotypes in their look, dress, or behavior. A recent lawsuit out of Portland
Oregon employers are required to keep certain records on hand for each employee, compiled in a personnel file. These records are highly important in case an employee believes he or she has suffered discrimination, wage and hour violations, any form of retaliation, or wrongful termination. While employees should know their rights regarding their access to personnel files, employers should also be aware of the relevant laws, as there are potentially
Many employees in Oregon and across the United States suffer unlawful workplace discrimination every day. Such employees deserve full protection under federal and state anti-discrimination laws, and deserve to be fairly compensated for any violations of their rights under the law. However, like any type of civil action, some workplace discrimination claims are unfounded. Some employees file claims because they are angry over their termination and want to get back
Under Oregon law, when a business goes under, employees still deserve to be fully compensated for all of the work they have completed. As a result, there is a specific process by which former employees may go about collecting unpaid wages if their employer closes. If such employees file a claim with the Oregon Bureau of Labor and Industries (BOLI), they may recover up to $4,000 of unpaid wages earned
With the economy still struggling and the unemployment rates looming, many Oregonians are coming up with new and creative ways to make a few dollars. Start-up businesses are cropping up across the state, many based on ideas that sound strange at first, though prove to be successful. For example, many people balked at the idea of a restaurant on wheels, however, the now booming food truck industry has allowed many
At the start of employment, many companies want new employees to sign a non-compete agreement, also known as a covenant not to compete. A non-compete agreement is, simply put, a contract that protects an employer by prohibiting certain competition in business by employees or former employees. If an employee signs a non-compete agreement, they may not be able to perform certain types of work or pursue certain positions within the
With unemployment still a large problem in Oregon and the United States as a whole, many Americans are desperate for any work they can possibly find. Many people take to the Internet to use convenient online job searches and applications. Unfortunately, scammers have realized how to take advantage of online job seekers by soliciting money or personal information that is then used in identity theft schemes. Sometimes these scammers post
In Part 1 of this article, we explained how the Oregon legislature has enacted or updated several laws affecting employers and employees throughout the state. It is always important for employees to be aware of their rights so they may identify any violations thereof. Furthermore, it is equally important for employers to stay on top of the changing employment laws so that they may ensure compliance with the law and
As the New Year quickly approaches, employers and employees alike will want to be aware of changes in Oregon’s employment laws going into effect on January 1, 2014. Employment law was often at the forefront of legislators’ agendas in 2013, with the living and minimum wage debate and the fight for more employee rights heating up. Luckily for Oregonians, our state is one of the most pro-employee states in the
Many courts around the country have ruled that much of an employee’s activity on social media sites, such as Facebook and Twitter, is protected activity under the First Amendment of the Constitution of the United States. This means that employees may not be terminated or disciplined for protected online speech. However, this is not a blanket rule for all social media activity, as courts analyze the facts of each individual
All Oregon employees have specific rights under both state and federal wage and hour laws. On the federal level, the Fair Labor Standards Act (FLSA) requires that employer pay employees a minimum hourly wage of $7.25 per hour, as well as time and a half that hourly wage for overtime hours. Oregon employment laws enforce a higher minimum wage than FLSA, as Oregon employers must pay employees at least $8.95
The federal Fair Labor Standards Act (FLSA) and Oregon Revised Statute 653.261 both regulate minimum employment conditions for workplaces within the state. Such minimum conditions include minimum hourly wages, required overtime payments, and required rest and meal periods. These conditions do not apply to all employees, however, as many employees are classified as “exempt” from these regulations. Oregon Revised Statute 653.020 outlines which employees may be considered exempt, including certain
The Hanford Nuclear Reservation has long been a health and environmental concern for Oregonians. Hanford is the most contaminated site in the nation, and many of the underground tanks holding nuclear waste are leaking. If the waste is not properly treated, the Columbia River and surrounding communities could be compromised. In 2010, a URS Corp. employee, Walter Tamosaitis, worked as a manager helping to oversee construction of the $12.3 billion
