Legislative Updates

Oregon's Minimum Wage Increases July 1, 2017

Second Increase to Oregon’s Minimum Wage

By: Randall Sutton & Abby Fitts

The second increase in a series of minimum wage increases goes into effect July 1^st with the largest wage jump of any year in the six-year cycle. As we have discussed previously, Oregon’s stair-stepping series of wage increases create a patchwork of different rates by region. Effective July 1^st, here are the hourly minimum wage rates broken out by region:

• Portland Urban growth boundary: $11.25
• Standard wage, including Salem and non-rural counties like Marion and Polk counties: $10.25
• Rural counties: $10.00

Under the law passed last year, Oregon’s minimum wage is set to increase incrementally over the next six years. At the end of these six years, the Standard wage will be adjusted annually based upon increases to the nationwide Consumer-Price Index. The Portland and non-urban rates are similarly indexed to Oregon’s Standard rate. Although this year’s jump will be the largest, the projected minimum wage for the 6^th and final year is projected to place Oregon among the states with the highest minimum wage rates in the country. Here is how the breakout works:

Date	Portland	Standard Includes Willamette Valley	Nonurban Counties
January 1, 2016	$9.25	$9.25	$9.25
July 1, 2016	$9.75	$9.75	$9.50
July 1, 2017	$11.25	$10.25	$10.00
July 1, 2018	$12.00	$10.75	$10.50
July 1, 2019	$12.50	$11.25	$11.00
July 1, 2020	$13.25	$12.00	$11.50
July 1, 2021	$14.00	$12.75	$12.00
July 1, 2022	$14.75	$13.50	$12.50
July 1, 2021	$1.25 over Standard	Adjusted to CPI	$1.00 below Standard

Although the increased minimum wage has been lauded as an improvement for workers, a new working paper by the National Bureau of Economic Research, which was recently reported on by OPB, challenged this notion. The report analyzed the effects of Seattle’s new $15.00 per hour minimum wage, finding that the law has cost workers jobs and reduced the number of hours available, offsetting the increased minimum wage.

If you have questions about minimum wage increases, or how to determine what regional rate you should be paying, please contact a member of Saalfeld Griggs’ Employment Law practice group.

Randall Sutton leads the firm’s Employment Law & Litigation practice group. Abby Fitts is an associate in the Employment Law & Litigation practice group. The information in this article is not intended to provide legal advice. For professional consultation, please contact Randall Sutton at Saalfeld Griggs PC. 503.399.1070.

Email us at: rsutton@sglaw.com or afitts@sglaw.com.  © 2017 Saalfeld Griggs PC.

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2017 Oregon Legislative Update

Selected Oregon Employment Legislation - May Session Report

Randall Sutton, Abby Fitts
Saalfeld Griggs Employment Law Practice Group

The cutoff has now passed for pending bills to move out of their original committee. Bills that did not receive a hearing are no longer active.

Click here for an overview and analysis of employment-related bills that have moved out of committee and are still worth watching.

Get Involved

 

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2016 Post-Election Overview 

https://www.shrm.org/hr-today/public-policy/Documents/shrm-post-election-overview-2016.pdf

 

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Oregn Minimum Wage Hike Imminent

 

Even when you know it is coming; the first notification of a higher minimum wage can cause a big deep breath.  The Oregon Senate and House have finished their deliberations and have passed out the Minimum Wage bill that will become law when Governor Brown signs it as she has promised she would.  Thanks to Bullard Law for the details of the new regulation.  We appreciate the opportunity to piggy-back on their announcement. Read below to discover the three tiers of minimum wage and the dates that these changes will be effective.

Oregon Minimum Wage Hike Imminent

On Thursday, the Oregon House of Representatives approved landmark legislation (Senate Bill 1532) which raises the state's minimum wage rate to the highest in the United States, and does so through an unprecedented tiered system based on where Oregon residents work.  The bill now heads to Governor Kate Brown, who has already indicated that she will sign it into law.  

A product of heated debate and compromise between the interests of unions, businesses and farmers, the plan imposes a series of gradual increases over six years.  By 2022, the state's current $9.25 an hour minimum wage - already one of the highest in the nation - would climb to $14.75 in metro Portland, $13.50 in cities such as Salem, Eugene, and Bend, and $12.50 in rural communities.  Below is a timeline of the planned minimum wage increases for each designated geographic “tier”: 

Tier 1 (the Portland urban growth boundary): 
July 1, 2016: $9.75 
July 1, 2017: $11.25 
July 1, 2018: $12 
July 1, 2019: $12.50 
July 1, 2020: $13.25 
July 1, 2021: $14 
July 1, 2022: $14.75 

Tier 2 (Benton, Clackamas, Clatsop, Columbia, Deschutes, Hood River, Jackson, Josephine, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Wasco, Washington and Yamhill Counties): 
July 1, 2016: $9.75 
July 1, 2017: $10.25 
July 1, 2018: $10.75 
July 1, 2019: $11.25 
July 1, 2020: $12 
July 1, 2021: $12.75 
July 1, 2022: $13.50 

Tier 3 (Malheur, Lake, Harney, Wheeler, Sherman, Gilliam, Wallowa, Grant, Jefferson, Baker, Union, Crook, Klamath, Douglas, Coos, Curry, Umatilla and Morrow Counties) 
July 1, 2016: $9.50 
July 1, 2017: $10 
July 1, 2018: $10.50 
July 1, 2019: $11 
July 1, 2020: $11.50 
July 1, 2021: $12 
July 1, 2022: $12.50 
  
The federal minimum wage continues to be $7.25/hour. Because employers must pay the higher of the federal minimum wage or the state minimum wage, the state minimum wage will continue to control in Oregon (and Washington, where the 2016 minimum wage rate is $9.47/hour).  

Minimum Wage Map

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  MHRA Leglislative Updates - 08/15 & 09/15

/sites/mhra.shrm.org/files/MHRA%20LEGLISLATIVE%20UPDATES_0815%20and%200915.pdf

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MHRA Leglislative Updates - 06/15 & 07/15

/sites/mhra.shrm.org/files/MHRA%20LEGLISLATIVE%20UPDATES_0615%20and%200715.pdf

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   MHRA LEGLISLATIVE UPDATES - 06/16

                                      /sites/mhra.shrm.org/files/Legislative%20Recap%2006-15-15.xlsx

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MHRA LEGLISLATIVE UPDATES – 05/15

/sites/mhra.shrm.org/files/MHRA%20LEGLISLATIVE%20UPDATES_0515.docx

FEDERAL UPDATES

 

1. Federal Contractor "Blacklisting" Amendment aka The Pocan Amendment failed by a vote of 186-237.

 

2.  House and Senate lawmakers introduced legislation, “Preserving Employee Wellness Programs Act” (H.R. 1189 and S.620), to provide certainty to employers offering innovative employee wellness programs. The proposal would eliminate confusion for employers offering employee wellness programs that lower health insurance premiums to reward healthy lifestyle choices. http://www.advocacy.shrm.org/shrm/app/write-a-letter?3&engagementId=86613

 

3. Legislative proposals have been introduced in the U.S. House of Representatives to repeal the excise tax on high cost, employer-sponsored health coverage: H.R. 2050, the “Middle Class Health Benefits Tax Repeal Act of 2015” and H.R. 879, the “Ax the Tax on Middle Class Americans' Health Plans Act”. http://www.advocacy.shrm.org/shrm/app/write-a-letter?6&engagementId=103313

 

4. Overtime Regulation Overhaul: DOL sent a proposed regulation to Office of Management and Budget (OMB) on May 5, 2015. Complying with March 13, 2014 Presidential memo instructing the Secretary of Labor to update regulations regarding who qualifies for overtime protection, overhauling White Collar Exemptions, Administration likely to raise the salary level for the exemption to apply.  Articles reference salary levels ranging from $640 per week (California’s current level) to as high as $984 per week. Administration likely to adjust the primary duty test. Possibly implement a California-style hard 50% limitation on work deemed non-exempt. Eliminate the ability of managers to engage in management and non-exempt work concurrently.  Your HR Voice is Needed! – SHRM comment sign-on strategy. We will seek to have all SHRM chapters and state councils sign onto SHRM comments (Late June/early July), SHRM individual member template comment letter will be available, and an Overtime Task Force (email Ateam@shrm.org) is being created.

5. The Forty Hours is Full Time Act (S.30) would restore the traditional 40-hour full-time definition under the ACA. Senators Susan Collins (R-ME), Joe Donnelly (D-IN), Lisa Murkowski (R-AK), and Joe Manchin (D-WV) are the lead sponsors of S. 30.

6. Representative Martha Roby (R-AL) and Senator Mike Lee (R-UT) have introduced the Working Families Flexibility Act  (H.R. 465/S. 233), also known as the “comp time” bill. The proposal will remove a federal restriction on the private-sector and help Americans better address family and work needs. H.R. 465 would permit private-sector employers to offer employees the choice of taking overtime in cash payments as they do currently or in the form of paid time off — or comp time. http://www.advocacy.shrm.org/shrm/app/write-a-letter?15&engagementId=77084

7. Current 2015 Recess Schedule:

• Memorial Day (May 25-29)

•4th of July (June 29-July 6)

• August Recess (August 10-September 7)

• Fall District Work Period (October 12-16)

• Thanksgiving (November 23-27)

• December holidays (December 21-31)

State of Oregon Updates - 29 Bills still active and being watched

 

1. HB    2004 Rules:       Repeals state preemption of statutory authority to set minimum wage .

 

2. HB    2005 A  Rules:   No Meeting Scheduled  Requires all employers to provide paid sick leave at 1 hour for each 30 hours worked up to 56 hours.  Expands definition of family to by blood or affinity. 

 

3. HB    2007 A: Senate Committee on Workforce Work Session held on 5/20/15  Makes imposition of disciplinary action against an employee who inquires about or discloses wage information "in any manner"  his or her wages or those of another employee an unlawful employment practice.  Moved to House floor for vote and passed -now in the Senate.

 

4. HB    2008     Rules:   Increase to minimum wage to $12.20 by 2017.

 

5. HB    2009     Rules:   Increase to minimum wage to $15.00 by 2018.

 

6. HB    2012     Rules:   Increase to minimum wage to $13.50 by 2017.

 

7. HB    2211 A: Third Reading 5/20/15    Authorizes Director of DCBS to impose civil penalty for workers' compensation claims processing violations by service company.

 

8. HB    2015 A: Ways & Means  Directs DHS, in consultation with Early Learning Division and Office of Child Care, to adopt rules for subsidy programs for employment-related child care that, at a minimum, provide for one year of eligibility regardless of change in employment, permit students enrolled in coursework and self-employed persons to receive subsidized employment-related child care, and provide for reduced copayments and incentive payments when child care provider meets specified minimum standing.

 

9. HB    2600: Senate Committee on Workforce   Work Session held on 5/20/15. Requires continuation of group health insurance coverage for employee on family leave on same terms as when employee is not on leave.  3/24 referred to Workforce Committee.  Passed the House 38-16.

 

10. HB  2764 A: Senate Committee on Workforce  Work Session held on 5/20/15. Increases Workers' Compensation Costs.  Unravels certain cost-saving provision and resulting benefit increases due to Oregon's 1990 Workers' Compensation reforms, resulting in employers paying nearly 5% increases in workers' compensation system costs without any expectation that increases will be offset by system savings.  Modifies circumstances under which attorney fees may be awarded.

  

11. HB  2797 A: House Desk - Awaiting Enrollment  Third Reading on 5/20/15. Requires subject employer to pay first installment of temporary disability compensation in workers' compensation claim within 14 days after employer has notice or knowledge of claim or has notice or knowledge of employee's disability, whichever is later.

 

12. HB  2960 A: Ways & Means  Public Hearing held 5/7/15. Returned to full committee. Creates Oregon Retirement Savings Board in office of State Treasurer and directs board to develop a payroll deduction retirement plan for persons employed in Oregon.

  

13. HB  3025 A: Senate Committee on Workforce Public Hearing on 5/20/15. The bill would make it an unlawful employment practice for an employer to perform certain types of background screening prior to job offer and provide a process for employers to evaluate criminal background information and how employers must handle adverse action notices

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14. HB  3236 A: Senate Committee on Judiciary  First Reading 04/27/15 Referred to Judiciary Limits enforceability of noncompetition agreement to one year.

 

15. SB  48: Joint Committee on Tax   Extends sunset for tax credit for employer-provided dependent care assistance.

 

16. SB  185 A:   Senate Desk - Awaiting Enrollment Passed Senate 5/20/15. Establishes an unlawful employment practice of employer requiring employee or applicant for employment to establish and maintain personal social media account or to authorize employer to advertise on personal social media account of employee or applicant.

 

17. SB  327 Rules: Increase to minimum wage to $12.20 by 2017.

  

18. SB  332 Rules: Repeals state preemption of statutory authority to set minimum wage.  

19. SB  454 Rules: Referred to Joint SubCommittee on Human Services  Public Hearing scheduled for 05/07/15.  Work Session held 05/12/15   Requires all employers to provide paid sick leave at 1 hour for each 30 hours worked up to 56 hours.  Expand definition of family to by blood or affinity. **Amendments have been proposed, 1) reduce to 40 hours, 2) paid sick leave would apply to businesses with 6 or more employees, 3) business with less than 6 would have to provide protected time off without pay.  This bill has had 36 amendments to date at 05/13/15.

 

20. SB  492: House Committee on Business & Labor Third Reading 5/21/15. Authorizes use of accrued sick leave or personal business leave by certain employees who are victims of domestic violence, harassment, sexual assault or stalking.

  

21. SB  597 Rules: Increase to minimum wage to $13.50 by 2017.

  

22. SB  610 Rules: Increase to minimum wage to $15.00 by  2018.

  

23. SB  615 Rules: Creates Oregon Retirement Savings Board in office of State Treasurer and directs board to develop a payroll deduction retirement plan for persons employed in Oregon.

 

24. SB  649: Senate Committee on Workforce Modifies definitions of 'compensable injury' and 'preexisting condition' for purposes of workers' compensation claims.  Specifies when diagnostic medical services are compensable.  Requires written report or statement notifying the employer of accident resulting in injury and filing of claim for compensation within one year after date of accident.  Limits good cause exception for failure to provide notice of accident.

 

25. SB  653: Referred to Joint Committee on Tax and Credits   Creates an income tax credit for certain employers that provide paid sick leave, with restrictions based having not more than 50 employees at any time during the tax year.  Credit varies between C corporations and S corporations and the amount of credit is 50% of the qualified paid sick leave wages that are paid by the taxpayer during the tax year.

 

26. SB  682 Rules: Increase the minimum wage to $10.75 by 2016.

 

27. SB  718 A    Rules: Defines wages for certain wage claims and requires a written statement of reasons for termination.  Establishes civil right of action for certain claims of unpaid wages, specifies procedures for establishing a lien for amount of unpaid wages.

  

28. SB  814 Rules: Establishes state preemption of authority to require mandatory provision of employment benefits to employees of private employers.  This bill would preempt local governments from establishing any employment benefit requirements (other than related to salary and wages) for private employers.

 

29. SB  845: Ways & Means Establishes penalty to be imposed by Employment Department on large employers (50 or more employees) whose employees receive health care coverage through medical assistance program.  Appropriate penalties collected by department to Oregon Health Authority for specified purposes.

  

30. SB  888 Rules:  Authorizes employee of certain employers to request flexible or predictable work schedule.  Requires employer to engage in interactive process with employee to establish mutually acceptable work schedule. Establishes unlawful employment practice of discharge  *HB 3377 companion bill died on 4/10/15.  Passed to floor with a "do-pass" vote.  Amendments include providing schedule 21 days in advance.

 

Submitted by: Cindy Bené' - MHRA Legislative Liaison

 

MHRA LEGLISLATIVE UPDATES - 04/15/2015

 

FMLA Update

The new rule redefining "spouse" under the Family and Medical Leave Act (FMLA) to include same-sex couples, has been temporarily blocked by a federal judge in Texas after the attorneys general of Texas, Arkansas, Nebraska and Louisiana filed suit, claiming the rule violated states' rights. 

The Department of Labor now has represented that it will not enforce the rule in the four states covered by the decision but will enforce the rule for employers located in the other 46 states.

 

Oregon Updates (provided courtesy of Jill Faughender - SHRM OR State Legislative Director)

 

House/Senate	Bill #	Description
HB	2004	Repeals state preemption of statutory authority to set minimum wage Work Session Scheduled for 4/20/15 House Committee on Business and Labor.  Referred to House Committee on Rules on 4/20/15.
HB	2005	Requires all employers to provide paid sick leave at 1 hour for each 30 hours worked up to 56 hours.  Expands definition of family to by blood or affinity. Referred to House Committee on Rules on 4/20/15.
HB	2006	Makes the practice of paying employees of opposite sex who hold equivalent jobs at a different wage rate an unlawful employment practice.  Work Session Scheduled for 4/20/15 House Committee on Business and Labor
HB	2007 A	Makes imposition of disciplinary action against an employee who inquires about or discloses wage information "in any manner"  his or her wages or those of another employee an unlawful employment practice.  Moved to House floor for vote and passed and passed and is now in the Senate
HB	2008	Increase to minimum wage to $12.20 by 2017 **Informational Hearing held 4/13/15  Work Session Scheduled for 4/20/15 House Committee on Business and Labor. Referred to House Committee on Rules on 4/20/15.
HB	2009	Increase to minimum wage to $15.00 by 2018 **Informational Hearing held 4/13/15.   Work session scheduled for 4/20/15.  Referred to House Committee on Rules on 4/20/15.
HB	2012	Increase to minimum wage to $13.50 by 2017  **Informational Hearing held 4/13/15  Work Session Scheduled for 4/20/15 House Committee on Business and Labor. Referred to House Committee on Rules on 4/20/15.
HB	2015	Directs DHS, in consultation with Early Learning Division and Office of Child Care, to adopt rules for subsidy programs for employment-related child care that, at a minimum, provide for one year of eligibility regardless of change in employment, permit students enrolled in coursework and self-employed persons to receive subsidized employment-related child care, and provide for reduced copayments and incentive payments when child care provider meets specified minimum standing.  *Current Committee: Joint Committee on Ways and Means.  No meetings currently scheduled.
HB	2386 A	Authorizes BOLI to issue cease and desist orders without having to go to court.  Once the order was issued, an employer would have the burden and cost of going to circuit court to prove they were NOT violating the law, and request that the order be lifted.  House Committee on Business and Labor.  Work Session scheduled for 4/17/15.  Recommended adoption of A16 and A17 amendments.  Forwarded to Floor. Rep Holvey will lead discussion on floor.
HB	2600	Requires continuation of group health insurance coverage for employee on family leave on same terms as when employee is not on leave.  3/24 referred to Workforce Committee.  Passed the House 38-16 as in the Senate Workforce Committee.
HB	2764	Increases Workers' Compensation Costs.  Unravels certain cost-saving provision and resulting benefit increases due to Oregon's 1990 Workers' Compensation reforms, resulting in employers paying nearly 5% increases in workers' compensation system costs without any expectation that increases will be offset by system savings.  Modifies circumstances under which attorney fees may be awarded.  Business & Labor Committee passed to House floor on a 6-5 party-line vote on 4/20/15.  Rep Fagan to lead discussion on the floor.
HB	2797	Requires subject employer to pay first installment of temporary disability compensation in workers' compensation claim within 14 days after employer has notice or knowledge of claim or has notice or knowledge of employee's disability, whichever is later.  House Desk - Third Reading scheduled for 4/17/15
HB	2960	Creates Oregon Retirement Savings Board in office of State Treasurer and directs board to develop a payroll deduction retirement plan for persons employed in Oregon.   Currently in Joint Committee on Ways and Means
HB	3025	The bill would make it an unlawful employment practice for an employer to perform certain types of background screening prior to job offer and provide a process for employers to evaluate criminal background information and how employers must handle adverse action notices.  Work session held 4/20/15. Moved to Floor.  Discussion to be led by Rep Nosse.
HB	3236	Limits enforceability of noncompetition agreement to one year. **House Committee on Business & Labor Hearing held 4/3/15**
HB	3325	Allows employers to deduct value of certain benefits from minimum wage to be paid employee.  The bill would permit employers to deduct health and retirement benefits and paid time off that is paid by the employer may be deducted from the employee's paycheck, provided that the employee is paid at least the federal minimum wage.  House Committee on Business and Labor work session scheduled for 4/17/15
SB	48	Extends sunset for tax credit for employer-provided dependent care assistance.  Referred to Joint Committee on Tax Credits
SB	130	Repeals state preemption of statutory authority to set minimum wage Senate Committee on Workforce work session scheduled for 4/20/15
SB	185	Establishes an unlawful employment practice of employer requiring employee or applicant for employment to establish and maintain personal social media account or to authorize employer to advertise on personal social media account of employee or applicant.  Amended in the Senate and moved to the House
SB	327	Increase to minimum wage to $12.20 by 2017  **Informational Hearing 4/13/15.  Senate Committee on Workforce work session scheduled for 4/20/15
SB	332	Repeals state preemption of statutory authority to set minimum wage.  Senate Committee on Workforce work session scheduled for 4/20/15
SB	454	Requires all employers to provide paid sick leave at 1 hour for each 30 hours worked up to 56 hours.  Expand definition of family to by blood or affinity. **Amendments have been proposed, 1) reduce to 40 hours, 2) paid sick leave would apply to businesses with 6 or more employees, 3) business with less than 6 would have to provide protected time off without pay.**   Passed Senate Workforce, referred to Ways and Means
SB	492	Authorizes use of accrued sick leave or personal business leave by certain employees who are victims of domestic violence, harassment, sexual assault or stalking.  Work session held on 04/15/15 and passed out of Committee on a 5-0 vote
SB	597	Increase to minimum wage to $13.50 by 2017  **Informational Hearing 4/13/15  Senate Committee on Workforce work session scheduled for 4/20/15
SB	610	Increase to minimum wage to $15.00 by  2018  **Informational Hearing 4/13/15  Senate Committee on Workforce work session scheduled for 4/20/15
SB	615	Creates Oregon Retirement Savings Board in office of State Treasurer and directs board to develop a payroll deduction retirement plan for persons employed in Oregon.  Current Committee: Senate Committee on Rules
SB	649	Modifies definitions of 'compensable injury' and 'preexisting condition' for purposes of workers' compensation claims.  Specifies when diagnostic medical services are compensable.  Requires written report or statement notifying the employer of accident resulting in injury and filing of claim for compensation within one year after date of accident.  Limits good cause exception for failure to provide notice of accident. Senate Committee of Workforce public hearing and possible work session scheduled for 4/20/15
SB	682	Increase to minimum wage to $10.75 by 2016  **Informational Hearing 4/13/15  Senate Committee on Workforce work session scheduled for 4/20/15
SB	718	Defines wages for certain wage claims and requires a written statement of reasons for termination.  Establishes civil right of action for certain claims of unpaid wages, specifies procedures for establishing a lien for amount of unpaid wages.  Senate Committee on Workforce work session scheduled for 4/20/15
SB	814	Establishes state preemption of authority to require mandatory provision of employment benefits to employees of private employers.  This bill would preempt local governments from establishing any employment benefit requirements (other than related to salary and wages) for private employers.  Senate Committee on Workforce public hearing and work session scheduled for 4/20/15
SB	845	Establishes penalty to be imposed by Employment Department on large employers (50 or more employees) whose employees receive health care coverage through medical assistance program.  Appropriate penalties collected by department to Oregon Health Authority for specified purposes.  Senate Committee on Workforce work session scheduled for 4/20/15
SB	888	Authorizes employee of certain employers to request flexible or predictable work schedule.  Requires employer to engage in interactive process with employee to establish mutually acceptable work schedule. Establishes unlawful employment practice of discharge  *HB 3377 companion bill died on 4/10/15.  Senate Committee on Workforce work session scheduled for 4/20/15
SB	653	Creates an income tax credit for certain employers that provide paid sick leave, with restrictions based having not more than 50 employees at any time during the tax year.  Credit varies between C corporations and S corporations and the amount of credit is 50% of the qualified paid sick leave wages that are paid by the taxpayer during the tax year. Referred to Joint Committee on Tax Credits

 

 

 

 

Submitted by: Cindy Bené' - MHRA Legislative Liaison

 

 

 

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MHRA LEGLISLATIVE UPDATES - 3/30/2015

House/Senate	Bill #	Description
HB	2004	Repeals state preemption of statutory authority to set minimum wage
HB	2005	Requires all employers to provide paid sick leave at 1 hour for each 30 hours worked up to 56 hours.  Expands definition of family to by blood or affinity.
HB	2006	Makes the practice of paying employees of opposite sex who hold equivalent jobs at a different wage rate an unlawful employment practice.
HB	2007	Makes imposition of disciplinary action against an employee who inquires about or discloses wage information "in any manner"  his or her wages or those of another employee an unlawful employment practice.
HB	2008	Increase to minimum wage to $12.20 by 2017
HB	2009	Increase to minimum wage to $15.00 by 2018
HB	2010	Provides for a predictable work schedule, penalties for last minute adjustments to work schedule
HB	2012	Increase to minimum wage to $13.50 by 2017
HB	2043	Requires all employers to verify legal status of employee through E-Verify. Prohibits deduction of wages paid to non-verified employees from business expense.
HB	2090	Establishes a task force to study the relationship between large employers and their employees who are receiving public assistance to make recommendations regarding feasibility of imposing employer fees to offset shifting of expenses to public assistance.
HB	2212	Authorizes imposition of civil penalty against employer that fails to pay wages owing to employee on regular payday.
HB	2386	Authorizes BOLI to issue cease and desist orders without having to go to court.  Once the order was issued, an employer would have the burden and cost of going to circuit court to prove they were NOT violating the law, and request that the order be lifted.  **this bill appears to no longer be viable due to lack of support and a strong business advocacy effort**
HB	2390	Creates a subtraction from federal taxable income for up to $300 in cash dividends paid by employer to employee for participation in workplace wellness program.
HB	2535	Requires employer to grant unpaid leave of absence to employee serving in firefighting forces during a declared fire emergency.
HB	2542	Includes accrued paid vacation and personal business leave in definition of compensation for purposes of wage claims.
HR	2540	Requires prevailing wage in Enterprise Zones.  Eliminates the incentive to build projects inside Enterprise Zones by requiring prevailing wage to be paid on any privately owned projects developed on private land.
HB	2606	Amends OFLA to include siblings as eligible family members for which leave can be taken
HB	2607	Reduced minimum average hours worked for OFLA eligibility from 25 to 24
HB	2646	Makes failure of employer to grant employee unpaid parental leave to attend certain school-related activities an unlawful employment practice.
HB	2685	Prohibits discrimination in employment on basis of familial status of employee.
HB	2764	Increases Workers' Compensation Costs.  Unravels certain cost-saving provision and resulting benefit increases due to Oregon's 1990 Workers' Compensation reforms, resulting in employers paying nearly 5% increases in workers' compensation system costs without any expectation that increases will be offset by system savings.
HB	2956	Repeals state preemption of statutory authority to set minimum wage
HB	2960	Creates Oregon Retirement Savings Board in office of State Treasurer and directs board to develop a payroll deduction retirement plan for persons employed in Oregon.
HB	3025	The bill would make it an unlawful employment practice for an employer to: 1) inquire into or check an applicant's conviction history, 2) use job application forms that do not inform an applicant that he/she is subject to a background check (if the background check is authorized); 3) conduct a background check, unless the background check is required by law or the employer has made a "good faith determination [unclear what this would entail] that the relevant position is of such sensitivity [undefined] that a background check is warranted"; 4) prior to conducting the background check, failing to send the applicant a conditional offer letter and notice that the employer has determined a background check is warranted; 5) use or consider, in relation to a background check, non-convictions (e.g., arrests without a conviction, expunged convictions), misdemeanor convictions for which no jail sentence may be imposed, or infractions; and 6) disqualifying an individual from employment solely or in part because of a prior conviction, unless the conviction is job-related or is a conviction that legally bars the employment of an individual.  The bill provides a process that an employer must follow if the applicant's background check contains information that may be the basis for an adverse action.  This includes identifying the elements of the conviction that might be the basis of an adverse action, providing the applicant a copy of the background check report, and providing the applicant examples of mitigation or rehabilitation evidence that the applicant may provide to be reconsidered for the position. The process includes giving the applicant four business days to respond, requiring the employer to hold the position open until the employer makes a "individualized assessment of any information submitted by the applicant", and permitting the applicant the ability to appeal an adverse decision to BOLI.
HB	3083	Defines wages for certain wage claims and requires a written statement of reasons for termination.  Establishes civil right of action for certain claims of unpaid wages, specifies procedures for establishing a lien for amount of unpaid wages.
HB	3113	Requires employer, including successor, lessee or purchaser, to post bond in certain wage claim cases.
HB	3202	Creates income tax credit for certain employers that provide paid family leave, with restrictions.  Applies to tax years beginning on or after 1/1/16 and before 01/01/26.
HB	3203	Creates income tax credit for certain employers that provide paid family leave, with restrictions.  Applies to tax years beginning on or after 1/1/16 and before 01/01/26.  One of three similar bills introduced by Rep. Gilliam, providing tax credits for certain employers.  In this bill employers of 100 or fewer employees would receive a tax credit of 100% of qualified paid sick leave.  Unused credit may be carried forward for up to 3 years.
HB	3204	Same as 3202 & 3203 however denotes that small employers, those with 1,000 or fewer employees as eligible for the tax credit for paid sick leave.
HB	3205	Same as 3202 & 3203 & 3204 however denotes that it covers employers with 100 or fewer employees.
HB	3236	Limits enforceability of noncompetition agreement to one year.
HB	3270	Same as 3202 & 3203 & 3204 & 3205 however denotes that it covers employers with 50 or fewer employees.
HB	3271	Creates income tax credit for employers that pay employees wages greater than minimum wage.  Applies to tax years beginning on or after 01/01/16 and before 01/01/22.  The credit would be equal to a yet-to-be-determined percentage of net payroll above minimum wage and unused credit could be carried forward.
HB	3311	Establishes unlawful employment practice of subjecting employee or intern to, or permitting employee or intern to be subjected to, harassment, intimidation or bullying in the workplace.
HB	3325	Allows employers to deduct value of certain benefits from minimum wage to be paid employee.  The bill would permit employers to deduct health and retirement benefits and paid time off that is paid by the employer may be deducted from the employee's paycheck, provided that the employee is paid at least the federal minimum wage.
HB	3377	Authorizes employee of certain employers to request flexible or predictable work schedule.  Requires employer to engage in interactive process with employee to establish mutually acceptable work schedule. Establishes unlawful employment practice of discharging or retaliating against an employee who requests a flexible or predictable work schedule.
HB	3471	Imposes fee on certain large employers who pay employee less than the specified amount.  Authorizes Commissioner of BOLI to enforce Act and impose and collect fee.  Imposes penalties for failure to file certain reports and maintain records.  Establishes Employment Related Public Benefit Fee Fund and Employment Related Public Benefit Administrative Fund.  Continuously appropriates moneys in funds to BOLI for administration and enforcement of Act. Prohibits retaliation.
SB	19	Expands liability for wage claims.  Exposes shift supervisors, bookkeepers, farm labor contractors, farmers and others to potential liability of wage claim allegations, even when based on honest mistakes.  Also adds criminal liability to civil wage claims.
SB	48	Extends sunset for tax credit for employer-provided dependent care assistance.
SB	130	Repeals state preemption of statutory authority to set minimum wage
SB	143	Establishes Self-Insurer Security Fund for certain employers subject to workers' compensation l was.  Requires self-insured employers to become members of the fund.
SB	185	Establishes an unlawful employment practice of employer requiring employee or applicant for employment to establish and maintain personal social media account or to authorize employer to advertise on personal social media account of employee or applicant.
SB	327	Increase to minimum wage to $12.20 by 2017
SB	332	Repeals state preemption of statutory authority to set minimum wage
SB	454	Requires all employers to provide paid sick leave at 1 hour for each 30 hours worked up to 56 hours.  Expand definition of family to by blood or affinity. **Amendments have been proposed, 1) reduce to 40 hours, 2) paid sick leave would apply to businesses with 6 or more employees, 3) business with less than 6 would have to provide protected time off without pay.**
SB	492	Authorizes use of accrued sick leave or personal business leave by certain employees who are victims of domestic violence, harassment, sexual assault or stalking.
SB	597	Increase to minimum wage to $13.50 by 2017
SB	610	Increase to minimum wage to $15.00 by 2018
SB	615	Creates Oregon Retirement Savings Board in office of State Treasurer and directs board to develop a payroll deduction retirement plan for persons employed in Oregon.
SB	631	Establishes Health Care for All Oregon Board to develop, implement and have oversight of Health Care for All Oregon Plan to be administered by the Oregon Health Authority.  Supplants coverage by private insurers for health serviced covered by plan.
SB	649	Modifies definitions of 'compensable injury' and 'preexisting condition' for purposes of workers' compensation claims.  Specifies when diagnostic medical services are compensable.  Requires written report or statement notifying the employer of accident resulting in injury and filing of claim for compensation within one year after date of accident.  Limits good cause exception for failure to provide notice of accident.
SB	653	Creates an income tax credit for certain employers that provide paid sick leave, with restrictions based having not more than 50 employees at any time during the tax year.  Credit varies between C corporations and S corporations and the amount of credit is 50% of the qualified paid sick leave wages that are paid by the taxpayer during the tax year.
SB	682	Increase to minimum wage to $10.75 by 2016
SB	718	Defines wages for certain wage claims and requires a written statement of reasons for termination.  Establishes civil right of action for certain claims of unpaid wages, specifies procedures for establishing a lien for amount of unpaid wages.
SB	719	Includes payments due for accrued vacation time and personal time off in meaning of wages for purposes of wage claim.  Prohibits certain employers from adopting policy for forfeiture of accrued vacation and personal  time off wages upon termination of employment.
SB	814	Establishes state preemption of authority to require mandatory provision of employment benefits to employees of private employers.  This bill would preempt local governments from establishing any employment benefit requirements (other than related to salary and wages) for private employers.
SB	845	Establishes penalty to be imposed by Employment Department on large employers whose employees receive health care coverage through medical assistance program.  Appropriate penalties collected by department to Oregon Health Authority for specified purposes.
SB	888	Authorizes employee of certain employers to request flexible or predictable work schedule.  Requires employer to engage in interactive process with employee to establish mutually acceptable work schedule. Establishes unlawful employment practice of discharge

/sites/mhra.shrm.org/files/Legislative%20Recap%203-30-15%20(2).xlsx

 

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MHRA LEGLISLATIVE UPDATES – 03/15/2015

 

NLRB Ambush Election Rule Update

On March 19, the U.S. House of Representatives passed S. J. Res. 8 to block the National Labor Relations Board’s (NLRB’s) “ambush” election rule, by a vote of 232-186. On March 4, the Senate passed the same resolution by a vote of 53-46.  The legislation will now proceed to President Barack Obama’s desk. Despite these strong votes in the House and Senate, the President is likely to veto the resolution and, unfortunately, a two-thirds vote in each chamber to override the veto would be challenging. 

HB 2386 - BOLI Temporary Cease and Desist Orders

Authorizes Commissioner of Bureau of Labor and Industries to issue temporary cease and desist order under certain circumstances if it has reason to believe an employer has violated certain employment statutes - including prevailing wage, wage and hour, and general employment law statutes. Once the order was issued, an employer would have the burden and cost of going to circuit court to prove they were not violating the law, and request that the order be lifted. **The Oregon House of Representatives is currently accepting input for and against this proposed bill.**

 

Oregon Legislative Update Spreadsheet (provided by Jill Faughender - SHRM Oregon Legislative Affairs Director (See below)

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MHRA LEGLISLATIVE UPDATES-03/02/2015

 

House/Senate	Bill #	Description
HB	2004	Repeals state preemption of statutory authority to set minimum wage
HB	2005	Requires all employers to provide paid sick leave at 1 hour for each 30 hours worked up to 56 hours.  Expands definition of family to by blood or affinity.
HB	2006	Makes the practice of paying employees of opposite sex who hold equivalent jobs at a different wage rate an unlawful employment practice.
HB	2007	Makes imposition of disciplinary action against an employee who inquires about or discloses wage information an unlawful employment practice.
HB	2008	Increase to minimum wage to $12.20 by 2017
HB	2009	Increase to minimum wage to $15.00 by 2018
HB	2010	Provides for a predictable work schedule, penalties for last minute adjustments to work schedule
HB	2043	Requires all employers to verify legal status of employee through E-Verify. Prohibits deduction of wages paid to non-verified employees from business expense.
HB	2090	Establishes a task force to study the relationship between large employers and their employees who are receiving public assistance to make recommendations regarding feasibility of imposing employer fees to offset shifting of expenses to public assistance.
HB	2212	Authorizes imposition of civil penalty against employer that fails to pay wages owing to employee on regular payday.
HB	2390	Creates a subtraction from federal taxable income for up to $300 in cash dividends paid by employer to employee for participation in workplace wellness program.
HB	2535	Requires employer to grant unpaid leave of absence to employee serving in firefighting forces during a declared fire emergency.
HB	2542	Includes accrued paid vacation and personal business leave in definition of compensation for purposes of wage claims.
HB	2606	Amends OFLA to include siblings as eligible family members for which leave can be taken
HB	2607	Reduced minimum average hours worked for OFLA eligibility from 25 to 24
HB	2646	Makes failure of employer to grant employee unpaid parental leave to attend certain school-related activities an unlawful employment practice.
HB	2685	Prohibits discrimination in employment on basis of familial status of employee.
HB	2956	Repeals state preemption of statutory authority to set minimum wage
HB	2960	Creates Oregon Retirement Savings Board in office of State Treasurer and directs board to develop a payroll deduction retirement plan for persons employed in Oregon.
SB	48	Extends sunset for tax credit for employer-provided dependent care assistance.
SB	130	Repeals state preemption of statutory authority to set minimum wage
SB	185	Establishes an unlawful employment practice of employer requiring employee or applicant for employment to establish and maintain personal social media account or to authorize employer to advertise on personal social media account of employee or applicant.
SB	327	Increase to minimum wage to $12.20 by 2017
SB	332	Repeals state preemption of statutory authority to set minimum wage
SB	454	Requires all employers to provide paid sick leave at 1 hour for each 30 hours worked up to 56 hours.  Expand definition of family to by blood or affinity.
SB	492	Authorizes use of accrued sick leave or personal business leave by certain employees who are victims of domestic violence, harassment, sexual assault or stalking.
SB	597	Increase to minimum wage to $13.50 by 2017
SB	610	Increase to minimum wage to $15.00 by 2018
SB	615	Creates Oregon Retirement Savings Board in office of State Treasurer and directs board to develop a payroll deduction retirement plan for persons employed in Oregon.
SB	682	Increase to minimum wage to $10.75 by 2016
SB	653	Creates an income tax credit for certain employers that provide paid sick leave, with restrictions based having not more than 50 employees at any time during the tax year.  Credit varies between C corporations and S corporations and the amount of credit is 50% of the qualified paid sick leave wages that are paid by the taxpayer during the tax year.

Download Version

/sites/mhra.shrm.org/files/Legislative%20Recap%203-2-15.xlsx

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MHRA LEGLISLATIVE UPDATES – 02/15

State-wide Unpaid Sick Leave - HB 2005 & SB 454

Both of these bills are comparable in their details; every employer, no matter the size, would be required to provide 56 hours or 7 days of paid sick leave time per year. Employees would accrue one hour of paid sick leave for every 30 hours worked. There was a hearing where both sides were heard. More information will be provided as it becomes available. For further info., please go  to: http://www.oregonlive.com/business/index.ssf/2015/02/oregon_lawmakers_be... and to review the hearing(s) go to: https://www.oregonlegislature.gov/citizen_engagement/Pages/Legislative-Video.aspx.

 

EBSA Releases Final Rule on Annual Funding Notice Requirements for Defined Benefit Plans

On February 2, 2015, the U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) released a final rule implementing the annual funding notice requirements under section 101(f) of the Employee Retirement Income Security Act of 1974, as amended by the Pension Protection Act of 2006.

The rule requires the plan administrator of a defined benefit pension plan that is subject to the Pension Benefit Guaranty Corporation’s insurance program to furnish a funding notice annually to participants, beneficiaries, labor organizations representing such participants or beneficiaries, employers obligated to make contributions to a multi-employer plan, and the Pension Benefit Guaranty Corporation.

Among other things, the notice must show the plan’s funding percentage, the assets and liabilities that determine the funding percentage, the fair market value of the plan’s assets on the last day of the plan year, the plan’s funding and investment policies and allocation of assets, and known events that are projected to have a material effect on the plan’s funding. The final rule also contains model notices.

OFCCP Releases Proposed Rule on Sex Discrimination

On January 30, 2015, the Office of Federal Contract Compliance Programs (OFCCP) published a proposed rule that would update the rules that govern how federal contractors and subcontractors prohibit sex discrimination. According to the OFCCP, the proposed rule would rescind outdated guidance, align requirements with current law, and better address the realities of today’s workplaces.

The proposed rule addresses a wide range of potential barriers to equal opportunity and fair pay for women in the workplace, including discriminatory wage practices, sexual harassment, workplace accommodations for pregnancy, sex stereotyping, gender identity protections, and family caregiving discrimination. A public comment period on the proposed rule will run from January 30, 2015 – March 31, 2015.

 

**The above is a summary of current legislative happenings.  SHRMA came up with a complete list for Oregon which I have attached for you as well (double click he icon).**

 

http://www.sglaw.com/wp-content/uploads/Saalfeld-Griggs-PC_SHRMA-Legislative-Update_Final_2.13.2015.pdf

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MHRA LEGLISLATIVE UPDATES – 01/15

Right to Use Employer Email – The NLRB has ruled that employees have the right under the National Labor Relations Act to use their employers’ e-mail systems for non-business purposes, including communications about union organizing. This new ruling overrules the 2007Register Guard case, which held the opposite.  The NLRB held that employers who choose to give employees access to their email systems must allow them to use email for statutorily protected communications during non-working time.  The NLRB held that a business may justify a complete ban on non-work use of email only if it can identify special circumstances that make such a prohibition necessary.  Employers should review their workplace policies to ensure compliance with this new ruling.  Purple Communications.

No Pay for Security Check Time.  The US Supreme Court (unanimously) held that time employees spend going through post-shift anti-theft screenings is not compensable under the Fair Labor Standards Act.  The Court held that an activity is compensable under the FLSA if it is “integral and indispensable” to their main duties, and which must be done if the worker is to perform his/her principal activities.  The Court found that time spent waiting to undergo security screenings did not meet this test, because the employer (an Amazon contractor) did not employ the workers to pass through security checks, but rather to retrieve products from shelves and package them for Amazon customers.Integrity Staffing Solutions.

Federal Contractor sexual orientation and gender identity discrimination.  The US Department of Labor is issuing a final rule prohibiting federal contractors from discriminating against workers based on sexual orientation and gender identity, implementing President Obama’s Executive Order 13672 issued in July 2014. The rule will go into effect 120 days after publication.  Oregon law already prohibits employers from discriminating on the basis of gender identity and sexual orientation.

Immigration Reform.  President Obama has taken executive action to allow certain undocumented immigrants with children to remain in the US.  Undocumented aliens who have been in the US for more than 5 years and have children who are legal residents will be able to stay in the country temporarily (not permanently), but must pass a background check and pay taxes.  Eligibility has also been expanded for the Deferred Action for Childhood Arrivals Program, which allows certain undocumented immigrants who entered the country as minors to apply for two-year deferred deportation and work permits.  The age limits for DACA will be removed and the program has been expanded for three years.  President Obama is also working to streamline the visa process for highly skilled workers to obtain visas.  Employers should be prepared to deal with workers who may provide different documentation or ask for work verification for application purposes (thus revealing that they are currently undocumented or working under a false identity).  The Obama Administration is working to prepare guidelines for how workers can obtain legal status, and are not yet accepting applications.  Until then, employers will need to terminate workers who (prematurely) reveal they do not have authorization to work.  Seventeen states have since filed a legal challenge to the President’s executive action, and are seeking an injunction.  

Labor and Employment Bills have have been introduced so far during the 2014 Oregon Legislative Session: Some Highlights:

HB 4091 – authorizes preference in hiring and promotions from employees of private employers who have served in the uniformed services

SB 1518 – modified definition of “supervisory employee” for purposes of public employee collective bargaining law

SB 1543 – makes reduction of hours of a full time employee for the sole purpose of preventing coverage eligibility under the ACA an unlawful employment practice

For a full summary please view the document below.

2014 Bill Summary Report