Summary of September 2025 Labor Law Updates for Portland, Oregon
This monthly update highlights key legislative changes, administrative developments, and court rulings from Oregon in September 2025 that affect employment and labor law. It is intended for employees, HR professionals, compliance leaders, and employers and is brought to you by HKM Employment Attorneys.
September 2025 marked a significant wave of legislative reforms in Oregon’s labor and employment landscape, especially with sweeping statutory changes taking effect on September 26. New protections around age discrimination, the establishment of an employer support arm within BOLI, expanded prevailing wage coverage, and modifications to leave enforcement all signal evolving compliance responsibilities for Oregon employers.
HB 2248 — Employer Assistance & Confidential BOLI Communications (Legislation)
Effective date: September 26, 2025
Summary:
HB 2248 establishes a formal Employer Assistance Division within Oregon’s Bureau of Labor and Industries (BOLI). This division will provide guidance, training, and interpretive assistance to employers. Importantly, communications with the division are generally not disclosable in BOLI proceedings (unless the employer requests) and BOLI is restricted from imposing penalties on employers who rely in good faith on the division’s advice.
Implications:
Employers in Oregon gain a clearer pathway to seek interpretive guidance from BOLI with greater confidentiality protections. This may reduce risk in administrative investigations and foster more proactive compliance. However, because the protection is not absolute (employers must request disclosure), legal counsel should still be involved in communications.
HB 2688 — Prevailing Wage / Off-Site Fabrication (Legislation)
Effective date: September 26, 2025 (for statute; application to public contracts begins July 1, 2026)
Summary:
HB 2688 amends Oregon’s public works (prevailing wage) scheme to include certain off-site fabrication, assembly, preconstruction, or construction work when such work is performed for a public contract, even if done off the principal worksite. The changes apply only for contracts solicited or entered into on or after July 1, 2026.
Implications:
For contractors and property owners engaging in public projects, more portions of fabrication or component construction done offsite may now trigger prevailing wage obligations. Entities doing modular or offsite construction should assess whether their work will be captured and plan for compliance ahead of 2026.
HB 3187 — Age-Based Employment Discrimination (Legislation)
Effective date: September 26, 2025
Summary:
HB 3187 prohibits employers, prospective employers, and employment agencies from requesting or requiring an applicant’s age, date of birth, or attendance/graduation dates before the first interview or, if no interview, prior to a conditional offer. Exceptions apply when necessary for a bona fide occupational qualification or to comply with other laws.
Implications:
Hiring practices must change immediately to ensure that any application forms or screening steps do not ask for age or graduation information prematurely. Some common practices (e.g., “date of graduation”) must be revised. This expands Oregon’s protections against age discrimination in the hiring process.
SB 69 — Modifications to OFLA, Paid Leave Oregon, and Job Protections (Legislation)
Effective date: September 26, 2025 (some provisions become operative later)
Summary:
SB 69 makes several adjustments to Oregon’s leave laws (OFLA, Paid Leave Oregon, state sick time). Highlights include:
- Transferring rulemaking authority over job protection and retaliation under Paid Leave Oregon to BOLI (operative Jan 1, 2026).
- Tolling the time to file complaints under Paid Leave Oregon during pending appeals.
- Allowing employers (in certain cases) to request fitness-for-duty certification before reinstatement, so long as applied uniformly.
- Codifying that sick child leave can be taken without notice for school or child care closures due to a public health emergency (if declared within 30 days).
- Ensuring Oregon sick time may be used for events qualifying under Paid Leave Oregon.
Implications:
Employers should revisit their leave policies, complaint procedures, and reinstatement protocols in light of these changes. Although some parts don’t become active until 2026, planning now is crucial. In particular, the expanded authority of BOLI and changes to complaint tolling may affect how employers manage leave disputes.
SB 1176 — Cash Payment Acceptance in Public Accommodations (Legislation)
Effective date: September 26, 2025
Summary:
Under SB 1176, places of public accommodation in Oregon (e.g., retail stores, restaurants open to public) cannot refuse cash or coin payments. While they may offer alternative payment mechanisms (cards, tokens, etc.), refusal of cash alone is discriminatory. Some exceptions exist (e.g., certain types of transactions), and BOLI is authorized to accept complaints regarding violations.
Implications:
Businesses open to the public must ensure they accept cash or coin. No longer may establishments adopt “cashless only” policies without risking complaints under state law. Retail and hospitality employers should audit their payment acceptance systems to ensure compliance.
Tozer v. Katerra Construction LLC — Court of Appeals Case (Court Ruling)
Docket / Citation: Tozer v. Katerra Construction LLC, No. A183798 (Or. Ct. App.)
Argued / Submitted: September 9, 2025
Summary:
In Tozer, the Oregon Court of Appeals considered a dispute arising from construction contract or labor issues (the full opinion details are limited in the publicly available summary). The case was docketed in Multnomah County.
Implications:
Because the published summaries are sparse, the case may be significant in interpreting construction-employment relationships or contractor liability in Oregon. Legal teams should review the full opinion (once published) to assess any shifts in Oregon employment or construction law precedence.
Conclusion: Looking Back on Oregon’s Labor Law Updates from September 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.
