Summary of August 2025 Labor Law Updates for Portland, Oregon
Brought to you by HKM Employment Attorneys, this roundup covers legislative changes, agency decisions, and case law from August 2025 in Oregon. It’s aimed at employees, HR professionals, compliance officers, and employers who need to stay current on workplace rights and obligations.
August 2025 in Oregon was marked by several significant legislative developments and administrative clarifications, especially around hiring (age-related restrictions), statute of limitations for employment claims, workers’ compensation distinctions (when “going and coming” rule applies), and enhanced employer assistance via BOLI. If you’re an employer, HR professional, or compliance officer in Oregon: now is a good time to audit hiring forms and practices, revise employee policies (leave, pay statements, application questionnaires), and prepare for the implementation dates (mostly in late 2025 / early 2026).
“Quintus L. Hall, Sr.” & “Johnny A. Stacey” — Workers’ Compensation Board Case Notes
Date: August 2025 (Board News & Case Notes published August 8, 2025)
Summary:
Quintus L. Hall, Sr.: A bus driver slipped on an icy sidewalk before clocking in, before taking employer-provided shuttle, to get from his personal vehicle to the job site. The Board held that the “going and coming” rule applied, so the injury was not in the “course of employment.” Johnny A. Stacey: Employer was found entitled to offset overpaid temporary disability (time loss) benefits. The employer had evidence (audit, payment ledger, claims adjuster testimony) showing the employee had continued to receive benefits after returning to modified work. The Board affirmed no penalties or attorney fees for claims processing in that case.
Implications:
Employers and employees should note that under Oregon’s workers’ compensation system, injuries occurring before the official start of a shift or before clocking in may be excluded under the going-and-coming rule. Employers should ensure clarity in when work “officially” begins for purposes of claims. Overpayments to workers must be carefully tracked; if an employee returns to work (even modified duties), continuing payments without adjustment may create overpayment liability, which may be offset; but claims of penalties/fees for employer’s processing depend on reasonableness/proof.
HB 3187 — Restricting Age-Related Questions in Hiring
Date Signed: May 22, 2025; Effective: September 26, 2025
Summary:
HB 3187 prohibits employers from requesting or requiring applicants’ age, date of birth, or date of educational graduation before the first interview (or a conditional offer, if no interview occurs). There are exceptions, e.g., where these are needed to satisfy a lawful requirement (e.g. legal minimum age) or bona fide occupational qualification.
Implications:
Hiring practices and application forms should be reviewed now to remove or postpone age-related questions until later in the process. Employers must ensure that any inclusion of such questions only occur when legally justified under the exceptions. HR staff need training to recognize when age/disclosure rules apply, and policies should reflect the change to avoid claims of age discrimination.
HB 2957 — Statute of Limitations & BOLI Charges
Date Effective: June 24, 2025; discussed in August 2025 commentary
Summary:
HB 2957 ensures that resolutions by the Oregon Bureau of Labor and Industries (BOLI) do not shorten the statute of limitations (SOL) for employment claims. Previously, certain BOLI findings or “right to sue” notices could effectively reduce the time a claimant had to begin court action. HB 2957 clarifies when the 90-day and one-year periods apply depending on the outcome of BOLI’s findings. It also prohibits employers from entering into agreements with employees that would shorten those statute of limitations for claims enforceable by BOLI.
Implications:
Employees will have clearer protection that timing of claims won’t be cut short by how BOLI resolves their complaint. Employers need to ensure their employment agreements, application materials, or any contracts do not try to impose shorter limitations periods than allowed. Records retention and awareness of deadlines become especially critical, since timing is clarified but still enforceable.
Employer Assistance Division at BOLI & Other Legislative Session Changes
Date: From the 2025 legislative session; many changes effective September 2025 or earlier/later depending on the specific law. Summarized in August alerts.
Summary:
Major changes include:
- Establishment of a new Employer Assistance Division within the Oregon Bureau of Labor and Industries (BOLI), to provide education, training, interpretive guidance, and advisory opinions. Under this law, employer communications with that division generally cannot be used against them in BOLI proceedings unless the employer consents. Also, if an employer relies on this division’s guidance in good faith, certain penalties or administrative fines may be prevented.
- Updates to policies/practices under PLO (Paid Leave Oregon), OFLA, & paid sick time, including clarifications of job protection, fitness for duty requirements, etc.
- Sick Leave Law changes: for example, SB 1108 allows sick leave to be used for donating blood (effective January 1, 2026).
- Paystub clarity (SB 906): Employers will need to provide new hires written explanation of deductions/earnings shown on pay statements, etc., starting January 1, 2026.
Implications:
Employers will have a “safe harbor” in some cases when they rely on guidance from the new Employer Assistance Division, reducing risk from regulatory penalties — but only if done in good faith. Policies and communication procedures should be adapted accordingly when that division becomes active. Leave laws, job protection, sick time, and paystub laws will have new or clarified obligations; compliance efforts should start now (ahead of effective dates). Employers need to update hiring, onboarding, pay-systems, leave / smaller handbook policies to account for upcoming changes.
Conclusion: Looking Back on Oregon’s Labor Law Updates from August 2025
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 no‑fee‑unless‑we‑win 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.
