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Employment News December 5, 2013 |
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 There are several new employment laws that go into effect January 1, 2014, as well as some that are already in effect.
The following is a summary of important changes made to state employment laws during the 2013 Oregon Legislative session.
This newsletter includes only a brief summary of the new laws and is not intended to be a detailed discussion of potential issues that may affect employers. Please contact Kelly Tilden or Trish Walsh if you would like us to review your current policies for compliance. |
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 New Bereavement Leave Under OFLA
Effective January 1, 2014, eligible Oregon employees will be entitled to take up to two weeks of unpaid bereavement leave under the Oregon Family Leave Act (OFLA) to deal with the death of a family member by attending the funeral (or funeral alternative), making necessary arrangements, or grieving.
The leave must be completed within 60 days of the date on which the employee received notice of the family member's death. Employees may take up to two weeks per family member's death for a total leave of up to twelve weeks in a year; bereavement leave counts towards the employee's yearly OFLA entitlement. This law affects all OFLA-covered employers. ( HB 2950)
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New Veterans Day Requirements
Effective April 4, 2013, SB 1 requires employers to provide notice and time off (unpaid or accrued paid time off) for Veterans Day or an alternative day, to employees who are veterans as defined by ORS 408.225 if the employee requests the day off.
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New Portland Sick Leave Requirements
Effective January 1, 2014, Portland private-sector employers will be required to provide sick leave per an ordinance unanimously passed by the Portland City Council in March 2013, and amended in October 2013.
The ordinance covers all employees who work at least 240 hours a year within Portland city limits. It includes employees who work in an office, travel to Portland for work, telecommute in Portland, and those who make stops, deliveries and/or sales calls within Portland.
Employers with five or fewer employees will be required to provide one hour of unpaid sick leave for every 30 hours of work performed by the employee. Employers with six or more employees will be required to provide employees with one hour of paid sick leave for every 30 hours of work performed by the employee. All of a company's employees are counted, even those not located in Portland.
Employees begin accruing sick leave when the law becomes effective January 1, 2014, and can accrue a maximum of 40 hours of sick leave per year. However, employees become eligible to use accrued sick leave in one hour increments only after working at least 240 hours within the city of Portland.
Employers with workers in Portland should review and revise, if necessary, their current leave policies to make sure they comply with Portland's new sick leave ordinance.
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New Posting Requirements for Leave to Address Domestic Violence, Sexual Assault or Stalking
Effective January 1, 2014, Oregon employers with six or more employees must post summaries of statutes and rules related to protected leave for victims of domestic violence, sexual assault and stalking; posters that meet the requirements of this new law will be available at the website of the Bureau of Labor and Industries (BOLI) or upon request from BOLI.
In addition, eligible employees need not have worked an average of more than 25 hours per week for a covered employer for 180 days immediately before the date the employee takes the leave, as was previously required. (HB 2903)
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Changes to Law Allowing Payment of Wages Through Direct Deposit
Effective January 1, 2014, Oregon employers may pay wages to employees through direct deposit, without having first obtained the employees' agreement to be paid in that manner, as is currently required. However, if an employee requests, orally or in writing, to be paid by check, the employer must comply with such request. (HB 2683)
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New Protection for Interns Against Discrimination and Harassment
As of June 13, 2013, unpaid interns now have legal recourse under Oregon's discrimination laws for workplace sexual harassment, discrimination and retaliation for whistleblowing. (HB 2669)
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New Law on Employees' Social Media Privacy
HB 2654 provides social media privacy protections to employees and job applicants. Specifically, this new law, effective January 1, 2014, makes it an unlawful practice for employers to require or request that employees and applicants disclose their user names and passwords or other means of authentication that provide access to their personal social media accounts.
In addition, the law prohibits an employer from compelling employees and applicants from adding the employer to a contact list associated with a social media website (for example, by "friending" the employer on Facebook).
The law also prohibits Oregon employers from compelling an employee or applicant to access a personal media website in the presence of the employer and in a way that allows the employer to view the contents of the website that would otherwise be visible only with the individual's username and password.
Recognizing the need to balance privacy concerns with employers' ability to conduct investigations into work-related employee misconduct, the law provides a limited exception for investigations that require an employee, without providing a user name and password, to share content that has been reported to the employer that is necessary for the employer to make a factual determination about the matter under investigation.
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Change to Unemployment Benefits Law
Effective May 13, 2013, an alternative definition of "base year" set forth in ORS 657.173 may be used only if it makes the individual eligible for unemployment benefits under ORA 657.150(2). (HB 2242)
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Limited Liability Companies and Public Works Contracts
Effective May 28, 2013, House Bill 2545 allows the BOLI Commissioner to debar from public works contracts a limited liability company contractor or subcontractor if a member or manager fails to pay or post the prevailing rate of wage, fails to pay a subcontractor's employees when the contractor pays employees on subcontractor's behalf or falsifies information on contractor's or subcontractor's certified statements.
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Workers' Compensation Liability Protection for LLC Owners and Members
Effective June 24, 2013, changes to ORS 656.018 reinstate workers' compensation liability protection for LLC owners and members. ( SB 678)
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Bureau of Labor and Industries (BOLI)
SB 135 abolished the Wage and Hour Commission and transferred all duties to BOLI.
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Farleigh Wada Witt Employment Attorneys
Kelly Tilden focuses her practice in the areas of employment law, business, and litigation. She advises clients regarding the hiring, discipline and termination of employees, compliance with state and federal civil rights, wage and hour laws, and leave laws. Kelly offers practical guidance and experienced-based insight to help employers confidently apply state and federal regulations.
 Kim McGair's practice emphasizes a wide range of litigation matters including employment, commercial litigation, commercial collections, personal injury defense, and real estate litigation. She is an advocate for her clients and provides them with sensible advice and strong representation to protect their interests and help them achieve their objectives as efficiently as possible.
Trish Walsh focuses her practice in the areas of litigation and employment law, protecting clients' interests inside and outside the courtroom. In her employment practice, Trish drafts, audits and updates policy handbooks and provides advice on employment issues under Oregon, Washington and federal laws.
Melissa Beyer practices in a variety of areas including business, employment, environmental, debtor-creditor, litigation and real estate. Her employment litigation experience includes wage claims, wrongful termination and defense against defamation claims.
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Copyright � 2013 Farleigh Wada Witt. All Rights Reserved.
The contents of this publication are intended for general information only and should not be construed as legal advice or opinion on specific facts and circumstances.
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Portland - 121 SW Morrison, Suite 600, Portland, Oregon 97204 - 503.228.6044
Central Oregon - Five Pine Station, 750 Buckaroo Trail, Suite 203, Sisters, Oregon 97759 - 541.549.4958
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