April 2026 Labor Law Updates for Portland, Oregon
Oregon’s April 2026 employment update included a major Oregon Court of Appeals decision on wage-discussion protections, federal court rulings on employment discrimination and leave claims, and new state compliance guidance following Oregon’s 2026 legislative session. This roundup is designed for Oregon employees, HR professionals, compliance leaders, and employers tracking Oregon labor law and workplace rights, brought to you by HKM Employment Attorneys.
April 2026 brought important Oregon labor law developments involving wage-discussion protections, employment discrimination pleading standards, leave-related litigation, immigration-related worker protections, construction labor enforcement, and home care wage-and-hour rules. Employees and employers with questions about Oregon workplace rights or employment law compliance can contact HKM Employment Attorneys at https://hkm.com for guidance.
Mirkovic v. Tenasys Corp. — Wage Discussion / Retaliation Court Ruling
Date: April 1, 2026
Summary:
In Mirkovic v. Tenasys Corp., the Oregon Court of Appeals reversed a trial court ruling in favor of an employer and clarified the scope of ORS 659A.355, Oregon’s law protecting employees who inquire about, discuss, or disclose wages. The employee argued that the law protected her wage-related discussions with her employer, including a request for a raise. The Court of Appeals rejected the employer’s narrower interpretation, holding that the statute is not limited to wage discussions among employees or only to discussions about discriminatory pay inequity. The court emphasized that ORS 659A.355 makes it an unlawful employment practice to retaliate against an employee because the employee inquired about, discussed, or disclosed wages.
Implications:
This is a significant Oregon workplace rights decision. Oregon employers should treat employee questions about pay, raise requests, and wage discussions as potentially protected activity and should avoid discipline, demotion, termination, or retaliation tied to wage-related conversations.
Tomlinson v. City of Portland — FMLA, OFLA, and Race Discrimination Court Ruling
Date: April 6, 2026
Summary:
In Tomlinson v. City of Portland, the U.S. District Court for the District of Oregon granted summary judgment to the City of Portland in a case brought by a former employee. The plaintiff alleged disability-related claims, FMLA interference, OFLA interference and retaliation, and race and gender discrimination. By the time of the April 6 ruling, the remaining claims included FMLA, OFLA, and racial discrimination claims, and the court granted the employer’s motion for summary judgment.
Implications:
This ruling is important for Oregon public employers and employees because it shows how leave, disability, and discrimination theories can overlap in workplace litigation. Employers should document leave decisions, accommodation discussions, and performance issues carefully, while employees should preserve evidence connecting adverse action to protected leave or protected status.
Aiyuk v. Genoa Healthcare, LLC — Title VII Discrimination and Retaliation Court Ruling
Date: April 9, 2026
Summary:
In Aiyuk v. Genoa Healthcare, LLC, the District of Oregon dismissed a pharmacist’s Title VII disparate treatment and retaliation claims with prejudice. The plaintiff, a naturalized U.S. citizen of Cameroonian descent and licensed Oregon pharmacist, alleged race and national origin discrimination and retaliation. The court found that the plaintiff did not plead sufficient facts to plausibly support the discrimination and retaliation claims and concluded that further amendment would be futile after multiple prior opportunities to amend.
Implications:
This case is a reminder that Oregon employees bringing discrimination or retaliation claims must allege facts connecting protected status or protected activity to the challenged employment decision. Employers should still document personnel decisions clearly, but well-pleaded causation remains central to Title VII claims.
Potts v. Steiner — Title VII / Employment Discrimination Pleading Ruling
Date: April 13, 2026
Summary:
In Potts v. Steiner, the District of Oregon dismissed a pro se employment discrimination complaint against the U.S. Postal Service Postmaster General. The plaintiff alleged termination, unequal employment terms, retaliation, missing wages, and related employment issues, but did not identify a protected basis such as race, sex, religion, national origin, age, or disability. The court held that the complaint failed to state a claim and dismissed it with prejudice.
Implications:
This decision highlights a practical issue for Oregon workplace rights claims: unfair or incorrect employment treatment is not always legally actionable unless it is tied to a protected category, protected activity, wage law, leave law, contract right, or other recognized legal protection. Employees should act quickly and clearly identify the legal basis for workplace claims.
HB 4111 — Immigration-Related Employment Protections
Date: April 2026 compliance guidance; effective June 5, 2026
Summary:
Oregon’s 2026 legislative updates included HB 4111, which becomes effective June 5, 2026. The law generally limits use of immigration-status information in civil proceedings and makes it unlawful for an employer to punish an employee because the employee updates or attempts to update personal information based on lawful changes to federal work authorization documentation. The law also clarifies that employers may still take actions necessary to comply with federal employment authorization requirements.
Implications:
This is an important Oregon labor law development for employers with workers whose names, work authorization documents, or other personal information may change. Employers should update HR, I-9, onboarding, reverification, and anti-retaliation practices before the June 2026 effective date.
HB 4012 and HB 4089 — Construction Labor Contractor and Wage Theft Compliance
Date: April 2026 compliance guidance; effective June 5, 2026 and January 1, 2027
Summary:
Oregon’s 2026 legislative session also produced new construction labor contractor and wage enforcement measures. HB 4012, effective June 5, 2026, directs the Construction Contractors Board to work with BOLI on a targeted initiative to observe and collect information about unlicensed labor contractors and construction labor contractors at construction job sites. HB 4089, effective January 1, 2027, creates criminal sanctions for contractors or subcontractors that knowingly contract with improperly licensed construction labor contractors and confirms that criminal prosecution for theft of services does not prevent workers, representatives, or BOLI from seeking unpaid wages and related remedies through civil or administrative channels.
Implications:
These laws are important for Oregon construction employers, subcontractors, property owners, and workers. Contractors should review licensing, subcontractor vetting, certified payroll, wage-payment practices, and worker classification before the new enforcement framework takes effect.
SB 1570 — Health Care Facility Immigration-Rights Retaliation Protections
Date: April 2026 compliance guidance; effective June 5, 2026
Summary:
SB 1570 requires hospitals to adopt policies and procedures for responding when law enforcement authorities arrive at a hospital and to designate areas that are not open to the public. The law also makes it an unlawful employment practice for a health care facility to retaliate or discipline an employee because the employee distributed state-published or state-provided informational materials about immigrant rights or immigration legal services. Employees may file related complaints with BOLI.
Implications:
This update affects Oregon hospitals, federally qualified health centers, and health care employers. Covered employers should train managers and security staff on immigration-related facility policies, employee communications, anti-retaliation obligations, and patient-information restrictions.
SB 1518 — Companionship Services Minimum Wage and Overtime Exemption
Date: April 2026 compliance guidance; effective January 1, 2027
Summary:
SB 1518 amends Oregon’s exemption from minimum wage and overtime requirements for certain providers of companionship services. BOLI’s legislative update explains that Oregon wage-and-hour law generally requires minimum wage and overtime pay, but that companionship services have been an exception. SB 1518 narrows the Oregon definition to track federal companionship-services rules and prohibits third-party businesses providing home care or companionship services from claiming the exemption.
Implications:
This will be a significant Oregon labor law compliance issue for home care agencies, companionship-service providers, caregivers, and domestic care businesses. Employers should audit pay practices, overtime policies, worker classifications, and service models before the January 2027 effective date.
Conclusion: Looking Back on Oregon’s Labor Law Updates from April 2026
With Oregon courts continuing to strengthen employee rights concerning wrongful termination, unpaid wages, discrimination, FMLA/ADA leave, hostile work environments, and restrictive covenants, it’s essential to have counsel steeped in state and federal law. At HKM Employment Attorneys in Portland, our team—including Samuel Jackson, Krista Le Roux, Jason Rittereiser, and Jennifer Vitello—has recovered over $250 million for workers, handling ethics investigations, wage‑and‑hour claims, wrongful termination litigation and more. Recognized by Super Lawyers and dedicated to effective representation, our Portland office brings compassionate guidance and fearless advocacy. If recent case rulings resonate with your situation, reach out to our Portland team to explore how we can help protect your workplace rights.
