2019 Oregon New Employment Laws

The Oregon Legislature adjourned June 30 with many proposed new employment laws not enacted, however, several others have passed and will become effective soon. Our blog post on the Workplace Fairness Act covers in detail the sweeping changes to harassment and discrimination issues. This post details other less well known, but equally important new laws for private employers to implement as required.

Additional new laws impact public employers and are not covered here. There is a possibility that the Legislature will be called back into session this summer for a few non-employment-related issues. However, during such a session it is possible that some formerly pending HR related bills will be back in action.

HB 2341 – ACCOMMODATION FOR PREGNANCY-RELATED CONDITIONS

• Effective Date: January 1, 2020
• Summary: Where an employer knows of limitations related to pregnancy, childbirth, or related conditions, including lactation, it is an unlawful employment practice to:
• Refuse reasonable accommodations
• Deny employment opportunities based on lack of accommodation
• Take adverse action, discriminate or retaliate because of accommodation request
• Require unnecessary accommodation
• Require the taking of OFLA “or any other leave” if the employer can reasonably accommodate
• Employer must post signs and provide written notice of the law. Presumably BOLI will provide a sample notice before the law goes into effect.

HB 2589 – SEXUAL ORIENTATION AND DISABILITY DISCRIMINATION

• Effective Date: May 6, 2019
• Summary: Clarifies that for purposes of state disability discrimination and accommodation law, sexual orientation is not a physical or mental impairment. An employee does not have a disability solely by reason of the individual’s sexual orientation. Instead, employers must simply acknowledge and positively accept an employee’s sexual orientation in the workplace.

HB 2593 – EXPRESSION OF BREASTMILK IN THE WORKPLACE

• Effective Date: October 1, 2019
• Summary: Claims to “Conform Oregon law to federal law” (but not completely)
• Old: Strict timing for 30 minute breaks per work segment
• New: Reasonable rest periods each time needed
• New: When possible, the employee shall provide notice (but failure to provide notice is not grounds for discipline)
• Old: Applies to employers with 25 or more employees; undue hardship excuses rest periods
• New: Applies to all employers; undue hardship excuses rest periods only if the employer has 10 or fewer employees
• Old: The employee’s child is 18 months or younger
• New: Unchanged (federal law is 12 months or younger)

HB 2992 – NONCOMPETITION AGREEMENTS

• Effective Date: January 1, 2020
• Summary: Mandates that for an already existing Noncompetition Agreement to be enforceable, an employer must – within 30 days after the date of termination of employment – provide the employee with a signed, written copy of the terms of the noncompete agreement.
• PRACTICE TIP:
• Update exit checklist to include HR immediately sending a copy of any noncompete agreement;
• Send by trackable mail with return receipt/proof of delivery; and
• Follow up letter to ensure receipt.

HB 3120 – PREVENTS DISQUALIFICATION FROM UNEMPLOYMENT BENEFITS FOR VICTIMS OF “HATE CRIMES”

• Effective Date: May 24, 2019
• Summary: Provides that an individual may not be disqualified from unemployment benefits (1) for voluntarily leaving work, (2) for failing to apply for suitable work or failing to accept suitable work, (3) if the employee or a member of her/his immediate family was or could become the victim of conduct that more likely than not constitutes the crime of intimidation (“hate crime”), or (4) if the employee is seeking to protect him/herself or immediate family members from such conduct that the individual reasonably believes will occur as a result of the individual’s continued employment or acceptance of work.
  
  The crime of intimidation in the first degree is defined generally as intentionally, knowingly, recklessly or with criminal negligence causing physical injury or fear thereof to another person because of the actors’ perception of that person’s race, color, religion, sexual orientation, disability or national origin; in the case of more than one actor, committing such acts as would constitute the crime of intimidation in the second degree, if undertaken by one person acting alone.

SB 370 IMMIGRATION RECORDS

• Effective Date: June 6, 2019
• Unless prohibited by federal law, requires employers to notify employees, within three business days of receiving a notice of an inspection from a federal agency compelling the employer to provide access to records and documentation used by the employer to verify the identity and employment eligibility of the employees hired by the employer. Specifies notice requirements.

SB 164 OREGON RETIREMENT SAVINGS PLAN COMPLIANCE

• Effective Date: January 1, 2020
• Requires employers to comply with the requirements of the Oregon Retirement Savings Plan. Apparently many employers were unaware of the Plan and its requirements on employers. Those requirements include, amongst others, offering employees the opportunity to contribute to the plan through payroll deductions (with some exceptions) and providing for automatic enrollment of employees and allowing employees to opt out of the plan.

SB 823 HEALTH CARE EMPLOYER NEW REQUIREMENTS

• Effective Date: January 1, 2020
• Requires health care employers to conduct comprehensive security and safety evaluation by June 30, 2021, to identify factors that may cause violence committed against employees on the premises of a health care employer.

SB 494 SUBMINIMUM WAGE REQUIREMENTS FOR CERTAIN EMPLOYERS

• Effective Date: October 1, 2019
• Sets wage requirements for employers authorized to employ individuals with subminimum wages. Employers authorized to employ individuals with disabilities at subminimum wages must pay an hourly rate of at least $9.25 from July 1, 2020 to June 30, 2021; $10.75 from July 1, 2021 to June 30, 2022; and $12.50 from July 1, 2022 to June 30, 2023. After June 30, 2023, employers must pay such individuals the minimum wage in effect.

SB 519 NEW GARNISHMENT EXEMPTIONS

• Effective Date: January 1, 2020
• Increases the minimum wage exemption for purposes of wage garnishment. For any period of one week or less, the minimum wage exemption is raised from $218 to $254; for any two-week period, it is raised from $435 to $509; for any half-month period, it is raised from $468 to $545; and for any one-month period, it is raised from $936 to $1,090.

SB 123 PAY EQUITY REQUIREMENTS FOR MODIFIED WORK IN CERTAIN CIRCUMSTANCES

• Effective Date: TBD
• An employer is not in violation of pay equity requirements for paying different levels of compensation to employees for modified work in certain circumstances. This includes employees who are on modified work duty as a result of a work-related injury or medical condition and other qualified reasons.

SB 726 DISCLOSURE OF CONDUCT THAT CONSTITUTES UNLAWFUL DISCRIMINATION

• Effective Date: October 1, 2019
• Makes unlawful employment practice for employer to enter into settlement, separation, or severance agreement that would prevent employee from disclosing or discussing conduct that constitutes unlawful discrimination, including sexual assault.

HB 2005 PAID FAMILY AND MEDICAL LEAVE

• Effective Date: October 1, 2019 (with Operative Date: January 1, 2022)
• Creates family and medical leave insurance program to provide partially or fully compensated time away from work to covered individuals who meet certain criteria while on family leave, medical leave, or safe leave.

Look for our fully detailed post on this new law to come soon.

If you have questions about complying with these new laws or how the new laws could impact your existing policies, contact us.