The employer-employee relationship is full of real-world emotional importance and potential for financial impact. Suite 1410 Oregon allows preemployment criminal checks and drug testing, but limits credit checks. Implied Employment Contracts in Oregon Many aspects of the Oregon employment relationship may be implied, including the terms of compensation and benefits as well as job duties and responsibilities. Speak to an Experienced Employment Law Attorney Today. Oregon employers enjoy a qualified privilege when furnishing a job reference to an employee's prospective employer. 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. Military leave. Each time wages are paid, an employer must provide each employee with an accurate, itemized written pay statement. If you feel your employer has treated you wrongly as an employee, or if you're an employer who needs to terminate an unsatisfactory employee, you may benefit from the services of an employment attorney. Claimant Handbook; Frequently Asked Questions Q: What grounds does an employer have to force you to quit while on medical leave. Oregon law requires employers to provide a safe working environment for their employees, including having a written safety and health plan and safety committees. Oregon Employee Rights - Understand Oregon Employee Rights, Employment, its processes, and crucial Employment information needed. Federal requirements can be found in HR and Workplace Safety (OSHA Compliance): Federal and Employee Health: Federal. The employer may charge an amount reasonably calculated to recover the actual cost of providing the services. Employment Contracts and Oregon Law. Gunderson Employment Law Use the contact form on the profiles to connect with an Oregon lawyer for legal advice. A system based on quantity or quality of production, including piece-rate work; Any combination of the above factors, if the combination accounts for the entire compensation differential. An employer may pay wages by direct deposit or with electronic paycards if certain conditions are met. Key Oregon requirements impacting health and safety are: Oregon operates its job safety and health programs covering the private sector under a state plan approved by the federal Occupational Safety and Health Administration (OSHA). 707 SW Washington Street Provide detailed, written estimates of work schedules; Provide written work schedules in advance; Provide timely notification of schedule changes, or else pay additional wages; Refrain from requiring an employee to work a shift not previously included in the written schedule; Allow employees to make scheduling requests based on their preferences and availability; Post written schedules in a clearly visible and accessible location; Provide 10 hours off between shifts, or else pay additional wages; and. An employer may not ask job applicants about their salary history or seek the information from a current or former employer. Oregon Employment Law Update: Summary & To Do List. Instead, we opted for a movie night by the campfire, complete with s'mores. 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. Employers can call the Technical Assistance Hotline at 971-673-0824 or email bolita@boli.state.or.us. 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). COVID-19 Oregon Employment Law Questions & Answers. Oregon employment law can be difficult to navigate. An employer that wishes to employ individuals under the age of 14 must apply for a work permit. In addition, Oregon requires an employer with 20 or more employees to provide continuation coverage for surviving, divorced and separated spouses and their covered dependents. But even common legal matters can become complex and stressful. Your job is how you support your family, and your colleagues can become a second family over time. An employer may not terminate, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment because the employee has made a good-faith report of a violation of a state or federal law, rule or regulation. Minors under the age of 16 are prohibited from working in a variety of other occupations. Oregon law contains similar standards, and also imposes requirements for break times and meal periods. 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. September 5, 2019. Exceptions include federally insured banks or credit unions, law enforcement officers and where state or federal law requires the use of credit information. Oregon law goes even further and protects employees who are at least 18 years old, so it is possible that younger employees may experience “reverse” discrimination if they are treated differently than older employees. The Oregon Legislature adjourned June 30 with many proposed new employment laws not enacted, however, several others have passed and will become effective soon. The rest periods may not be added to or deducted from the employee's regular work shift to reduce the employee's overall work period. Our blog post on the Workplace Fairness Act covers in detail the sweeping changes to harassment and … Oregon employers are permitted to conduct preemployment drug tests, but must follow state law governing the manner in which such testing is done. Under federal law, employees over the age of 40 are protected against employment decisions that take age into consideration. 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. Oregon law does not exempt agricultural occupation as federal law does. Additional information on recruiting and hiring practices in Oregon can be found in Preemployment Screening and Testing: Oregon, Employment Offer: Oregon and Does This Law Apply to My Organization in Oregon? Copyright © 2021 LexisNexis Risk Solutions Group, At-Will, Contracts and Restrictive Covenants, Risk Management - Health, Safety, Security, Employer-Sponsored Charitable and Social Events, Other Time Off Requirements Affecting Oregon Employers, Labor and Employment Law Overview requirements for other states, Oregon Employee Handbook Table of Contents. An employer must advise job applicants that criminal offender information will be sought. Additional information on health and safety practices in Oregon can be found in the Oregon Employee Handbook Table of Contents, HR and Workplace Safety: Oregon, Employee Health: Oregon, Oregon Workplace Labor and Employment Law Posters and Does This Law Apply to My Organization in Oregon? Minors under the age of 18 are prohibited from working in occupations deemed hazardous by federal law. 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). Under the Oregon Sick Time Law (OSTL), eligible employees are entitled to accrue up to 40 hours of sick and safe time each year. Employment of minors under the age of 14 is generally prohibited. Select Oregon employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. Family Leave Comprehensive lawyer profiles including fees, education, jurisdictions, awards, publications and social media. An employer may not use tips as credit toward minimum wages owed to an employee. 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. Employees age 16 and 17 may generally work up to 44 hours per week. Oregon also prohibits smoking in the workplace and texting while driving. Oregon law requires employers to give employees two weeks off to spend with a spouse or domestic partner who is called to active duty or is on leave from deployment. One breach or legal misstep can jeopardize everything. An employer must provide employees with a 10-minute rest period - during which the employee is relieved of all duties - for every four-hour work segment or major portion thereof (i.e., more than two hours). Oregon protects employees who report illegal activity by their employers. Timely Guidance for Staying in Compliance Under state law, it’s illegal to fire employees due to religion, sex or sexual orientation, nation of origin, retaliation for exposing unlawful work practices, pregnancy and/or childbirth, domestic violence incident, credit history, race, disability, … 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. 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. I enjoy delivering exceptional client service and take pride in gaining and retaining my clients' confidence. Continuation coverage generally lasts up to nine months. Oregon Employment Law. Oregon passed several employment bills this year that will affect Oregon employers. 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. Property Lawyer. 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. My UI Claim. An employer may make deductions from an employee's wages if required by state or federal law, with the employee's written authorization, if authorized by a wage or collective bargaining agreement, or for other permissible reasons (e.g., garnishments, charitable donations, benefits). For a free consultation call (503) 459-4010. 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 … Federal law and guidance on this subject should be reviewed together with this section. Employment Law Child Labor Laws Federal requirements can be found in Payment of Wages: Federal and Employee Communications: Federal. Key Oregon requirements impacting EEO, diversity and employee relations are: Oregon's fair employment practices law applies to employers with one or more employees. If your firm is interested in partnering with the The Oregon Employment Law Help Center please contact us today via the form on this page for more information on advertising packages and rates. Federal requirements can be found in Preemployment Screening and Testing: Federal and Employment Offer: Federal. See how XpertHR can empower your team and organization by starting a free 7-day trial. 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. These state and federal laws provide for substantial penalties (payable to employees) for violation of these requirements. Employees are a company’s reputation. Such laws establish the minimum wage rate for employees, including overtime pay and other wage laws. Preemployment Screening and Testing: Oregon, Preemployment Screening and Testing: Federal, Oregon Workplace Labor and Employment Law Posters, Health Care Continuation (COBRA): Federal, HR and Workplace Safety (OSHA Compliance): Federal. Employees who resign and provide at least 48 hours' notice of their resignation must be paid immediately. Lawyer profiles include the biography, education and training, and client recommendations of a lawyer to help you decide who to hire. 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 Oregon State Bar Association (OSBA) has written an excellent explanation of contract employment law. 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? Oregon passed several employment bills this year that will affect Oregon employers. Key Oregon requirements impacting organizational exit are: Terminated employees must be paid their final wages by the end of the first business day after the termination. From: Oregon Employment Law Letter | 12/01/2020 by Destiny Smith Washington, FordHarrison LLP Because of the COVID-19 crisis, there was no trick-or-treating or family party for Halloween 2020. Retail, hospitality and food services establishments with 500 or more employees worldwide, including chain and integrated enterprises, must: Be aware that where there is 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. Oregon labor laws require employers to provide employees 18 years of age and over with paid, uninterrupted 10-minute rest breaks for every four (4) hour segment or major portion thereof that they work in a work period. *Use of this material is governed by XpertHR’s Terms and Conditions. Employees who work between 22 and 24 hours during a single work period are entitled to a third 30-minute meal break. Oregon law prohibits the use of expunged juvenile records in making employment decisions. Most employers must also establish safety committees. 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. XpertHR is part of the LexisNexis® Risk Solutions Group portfolio of brands. 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. Employment of minors requires an employment certificate and proof of age. The materials and information included in the XpertHR service are provided for reference purposes only. 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. Today, he focuses his practice on terminations and other related facets of the employment relationship. We recommend using Google Chrome , Firefox , or Microsoft Edge . Find Oregon Employment lawyers, attorneys, law firms - OR Employment Lawyers Internet Explorer 11 is no longer supported. Use of the service is subject to our terms and conditions. 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 Oregon law requires the Bureau of Labor and Industries (BOLI) to adjust Oregon’s minimum wage annually based on the federal Consumer Price Index. 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. Page 2 results. An employer must comply with both federal and state law. The minimum wage increases on July 1 of every year until 2023 according to a set schedule. In addition to the federally protected classes (race, religion, color, sex, age, national origin, ancestry and disability), the law prohibits discrimination based on (but not limited to) the following factors: Harassment is a form of illegal discrimination and is also prohibited under the law. Robert Meyer and Christina Stephenson are employment law attorneys serving the state of Oregon. The following article provides an update on the new laws and a list of tasks for Oregon … Certain employees are entitled to overtime pay for hours worked in excess of 10 per day. An employer must also comply with applicable municipal law obligations affecting the employment relationship, in addition to complying with state and federal requirements. This article is intended to be helpful and informative. 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