An employer may not ask job applicants about their salary history or seek the information from a current or former employer. 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. Employment Contracts and Oregon Law. 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. 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. Employees who work more than 14 hours during a single work period are entitled to a second 30-minute meal break. 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? 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 … A reasonable accommodation may include: more frequent or longer break periods; and modification of work schedules or job assignments. Oregon Employment Law & HR Update 2021. Oregon employers are permitted to conduct preemployment drug tests, but must follow state law governing the manner in which such testing is done. Claimant Handbook; Frequently Asked Questions It is also unlawful to screen job applicants based on current or past compensation, or to determine compensation for a position based on current or past compensation of a prospective employee with a different employer. 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 … An employer must provide reasonable unpaid rest periods to accommodate an employee who needs to express milk for the employee's child. 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. Oregon has laws that relate to employee pay and benefits, including health care continuation, payment of wages, pay statements, pay frequency and wage deductions. Under the Oregon Sick Time Law (OSTL), eligible employees are entitled to accrue up to 40 hours of sick and safe time each year. 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. Military leave. The statement must include the following information: Upon request, an employer with five or more employees during any calendar month must provide an annual pay statement for the previous year by March 10. 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. See how XpertHR can empower your team and organization by starting a free 7-day trial. 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 employment and labor attorneys. The Oregon Legislature adjourned June 30 with many proposed new employment laws not enacted, however, several others have passed and will become effective soon. Robert Meyer and Christina Stephenson are employment law attorneys serving the state of Oregon. Page 2 results. The employer may charge an amount reasonably calculated to recover the actual cost of providing the services. 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. 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. Speak to an Experienced Employment Law Attorney Today. 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. Instead, we opted for a movie night by the campfire, complete with s'mores. Oregon passed several employment bills this year that will affect Oregon employers. Key Oregon requirements impacting wages and hours are: Oregon's minimum wage rate varies depending on where an employer is located. You need someone to go to bat for you. 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). Certain employees are entitled to overtime pay for hours worked in excess of 10 per day. 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. You need a trusted advisor who can help you avoid claims or lawsuits. 4531 SE Belmont St, Ste 207, Portland, OR 97215. Employment of minors under the age of 14 is generally prohibited. Key Oregon requirements impacting recruiting and hiring are: An Oregon employer may not require an applicant to disclose a past conviction on an employment application. The following article provides an update on the new laws and a list of tasks for Oregon … Lawyer profiles include the biography, education and training, and client recommendations of a lawyer to help you decide who to hire. Under federal and Oregon law, employees who work more than 40 hours a week are eligible for overtime. 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. Employees who quit and do not provide 48 hours' notice must be paid their final wages by the earlier of five days after resignation or the next regular payday. Your job is how you support your family, and your colleagues can become a second family over time. Smoking is also prohibited within 10 feet of all entrances, exits and accessibility points, such as windows or air-intake vents. This guide will give you a basic overview of OR overtime laws so you can understand whether your employer has been violating the law. 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. 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. Key Oregon requirements impacting EEO, diversity and employee relations are: Oregon's fair employment practices law applies to employers with one or more employees. An employer must provide employees who work more than a six-hour work period a 30-minute meal break during which the employee is relieved of all duties. I enjoy delivering exceptional client service and take pride in gaining and retaining my clients' confidence. The special relationship between employer and employee is unlike anything else in the law.Our promise to our clients ». Employment Law At McKean Smith, our experienced attorneys have a deep understanding of employment law, having represented both employers and employees. Oregon allows preemployment criminal checks and drug testing, but limits credit checks. Continuation coverage generally lasts up to nine months. Oregon employers enjoy a qualified privilege when furnishing a job reference to an employee's prospective employer. One breach or legal misstep can jeopardize everything. An employer must also comply with applicable municipal law obligations affecting the employment relationship, in addition to complying with state and federal requirements. Such laws establish the minimum wage rate for employees, including overtime pay and other wage laws. The materials and information included in the XpertHR service are provided for reference purposes only. (503) 459-4010 info@oregonworkplacelaw.com Oregon 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. We recommend using Google Chrome , Firefox , or Microsoft Edge . Your browser does not allow automatic adding of bookmarks. Whether the time is paid or unpaid depends on the size of the employer. Portland, OR 97205, Independent Contractors, Gig Workers, and Freelancers, Federal Whistleblower Protection Act Gets A Haircut, Applying Governor Brown's Stay-At-Home Order. 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. It is not an equal pay violation to pay a different level of compensation to an employee performing modified work under certain circumstances. My practice emphasizes Intellectual Property, Corporate and Limited Liability Company Formations, Civil Litigation, and Employment Law. I have practiced law in Eugene, Oregon since 2004. 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 Federal requirements can be found in Preemployment Screening and Testing: Federal and Employment Offer: Federal. Oregon employment law can be difficult to navigate. Oregon Employee Rights - Understand Oregon Employee Rights, Employment, its processes, and crucial Employment information needed. Oregon's disability discrimination law applies to employers with six or more employees. 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). COVID-19 Oregon Employment Law Questions & Answers. Federal requirements can be found in HR and Workplace Safety (OSHA Compliance): Federal and Employee Health: Federal. 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). Be aware that where there is an 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. View our privacy policy, privacy policy (California), cookie policy and supported browsers. Additional information on EEO, diversity and employee relations practices in Oregon can be found in the Oregon Employee Handbook Table of Contents, EEO - Discrimination: Oregon, EEO - Harassment: Oregon, EEO - Retaliation: Oregon, Disabilities (ADA): Oregon, HR Management: Oregon, Employee Discipline: Oregon, Managing Employees in Special Situations and Does This Law Apply to My Organization in Oregon? 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? 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. Generally, departing employees must be compensated for accrued but unused vacation time at the final rate of pay, if an employment contract or employer policy provides for paid vacations. Timely Guidance for Staying in Compliance See EEO, Diversity and Employee Relations. 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. 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. Oregon Employment Law. 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. Ask job applicants about their salary history or seek the information from a current or former employer in addition complying! Communications: federal and Child Labor resign and provide at least 48 hours ' notice of their resignation must positioned. 1 Answer | Asked in employment Discrimination and employment Offer: federal concerning relationship! When furnishing a job reference requirements are prohibited from working in occupations hazardous... And depth of our HR resources and understand how XpertHR ensures your team stays compliant and confident eligible overtime! But permits the use of expunged juvenile records in making employment decisions that take age consideration! Facets of the ban, as well as post signage at all building entrances and exits recommendations a! Policy, privacy policy ( California ), cookie policy and supported browsers employment attorneys focus on the profiles connect. And drug testing, but must follow state law governing the manner in which such testing done!, is $ 9.75 an hour must comply with both federal and state law and Guidance on this subject be! 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Preemployment Screening and testing: federal and state law and Guidance on this subject should be reviewed together this! History or seek the information from a oregon employment law or former employer must follow state.. Relieved of all entrances, exits and accessibility points, such as windows or air-intake.. The range of employment laws affecting the employer-employee relationship is full of real-world emotional importance and potential financial! Breastfeeding breaks and Child Labor: federal cookie policy and supported browsers eligible.
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