Despite the introduction of a flurry of bills designed to complicate the increasingly regulated employer-employee relationship, the Oregon Legislature wrapped up its 2011 regular session with very few changes to Oregon employment law. The following are some of the new employment laws that have gone, or will take effect:
New Leave Available to Harassment Victims – Victims of harassment must now be allowed to take a reasonable amount of protected leave under HB 3482. This expands existing Oregon law, which already allows employees to take leave for issues relating to domestic violence, sexual assault or stalking. See ORS 659A.270. Harassment is defined under the new law to include criminal harassment (defined under ORS 166.065) or harassment as will be defined by the Oregon Bureau of Labor and Industries (BOLI) in future regulations. Thus, it is possible that employees who complain about sexual or other forms of protected class harassment in the workplace, and who would otherwise be eligible for leave under the Oregon Family Leave Act, will be entitled to time away from work because of the harassment.
Employers Affected: Employers with six or more employees in Oregon.
Effective Date: When signed by the governor, who is expected to sign this legislation in the near future.
New Rule Regarding Arbitration Agreements – Currently, Oregon employers who wish to enforce arbitration agreements with employees are required to provide a copy of the arbitration agreement in connection with a written employment offer at least two weeks before the first day of the employee’s employment, or when the employee receives a bona fide advancement at work. HB 3450 reduces the two-week minimum notice requirement to 72 hours.
Employers Affected: Employers with one or more employees in Oregon.
Effective Date: January 1, 2012.
New Protection for Employees Serving on Jury Duty – Employees serving on jury duty must be allowed to continue to receive (or be eligible to purchase) health, disability, life or other insurance while they are serving on a jury (HB 2828). No such requirement exists today. Further, employers are now prohibited under HB 3034 from requiring employees to use vacation leave, sick leave or annual leave for time spent by the employee in responding to a summons for jury duty (employees must be allowed to take leave without pay for time spent by the employee in responding to a summons for jury duty). Finally, under HB 2828, employers are prohibited from discharging, threatening to discharge or take any other adverse employment action against an employee who serves on a jury. This effectively elevates jury duty to a protected class status under Oregon statutory law; previously, employers were prohibited from discharging employees who serve on a jury under the common law created by the courts.
Employers Affected: Employers with ten or more employees in Oregon.
Effective Date: January 1, 2012.
Food and Beverage Servers’ Right to Waive Meal Periods Extended – Oregon law allows tipped food and beverage service workers to voluntarily waive their meal periods under specified circumstances. See ORS 653.261. The law requires such waiver requests to be in writing, and prohibits employers from requiring or coercing any employee to waive meal periods. HB 2240 indefinitely extends the statute which permits this practice to occur.
Employers Affected: Employers with one or more employees in Oregon who employ tipped food and beverage workers.
Effective Date: January 1, 2012.
Demands For Unpaid Wages Must Be Explicit – Under current law, the amount of penalties imposed on an employer for failing to pay an employees’ wages on time cannot exceed 100 percent of the employee’s unpaid wages unless the employer failed to pay the full amount of the unpaid wages within 12 days after receiving written notice from the employee (or his or her representative) to pay the wages. See ORS 652.150. Under HB 2040, the written demand for nonpayment must now include the estimated amount of wages alleged to be unpaid or an allegation of facts sufficient to estimate the amount owed in order to eliminate the 100 percent cap.
Employers Affected: Employers with one or more employees in Oregon.
Effective Date: January 1, 2012.
Penalties for Bounced Paychecks Now Allowed – Under HB 2039, employers can now be liable for statutory damages and attorney fees if they issue dishonored or bounced paychecks to employees. Penalties may also be sought by the Oregon Bureau of Labor and Industries
(BOLI) commissioner.
Employers Affected: Employers with one or more employees in Oregon.
Effective Date: January 1, 2012.
What Employers Should Do Now – Fortunately, there is very little for Oregon employers to do in response to these changes other than to familiarize themselves with the changes and educate their supervisory/HR staff about the new laws. In the case of the new harassment leave law, employers should keep abreast of the regulations that BOLI will issue in connection with the new law. None of the new employment laws require employers to revise or update their employee handbooks.
Tamara E. Russell, a partner at Barran Liebman LLP, has exclusively represented companies and management in employment law matters for more than 14 years. For information about Russell’s August employment law seminar in Central Oregon, or questions about this article, please contact her at trussell@barran.com or 503-276-2182.
