Employment Legislative Update

All laws are effective January 1, 2008, unless otherwise noted.

Domestic Partnership Contracts — HB 2007

The bill allows same-sex domestic partnerships and prescribes the procedures for creating a domestic partnership and specifies the effects of the partnership. The domestic partnership extends to same-sex couples the privileges, immunities, and rights granted by law to married people.

Timelines for Inspection of Personnel Records — HB 2254

Employers are required to respond to employee requests for personnel records within 45 days. An employer and employee may agree to extend this time. Civil penalties up to $1,000 may be assessed for failure to comply.

Employment Discrimination: Wage Related Actions — HB 2255

Employers are prohibited from discharging or discriminating against an employee for making a wage claim or discussing, inquiring about, or consulting an attorney or agency about a wage claim.

Unlawful Employment Practices — Damages — HB 2260

The bill amends the statute to include compensatory and punitive damages for unlawful employment practices related to race, color, religion, sex, sexual orientation, national origin, marital status, or age.

Breast Feeding — HB 2372

This bill requires employers with 25 or more employees to give employees unpaid rest time to express breast milk. Employees with children up to 18 months of age are covered. There is an exemption for undue hardship, defined as "significant difficulty or expense" when considered in relation to the size, financial resources, nature or structure of the employer's business.

The employer is required to make reasonable efforts to provide a private area for expressing breast milk. Unless the employer and employee agree otherwise, the employee is entitled to 30 minutes of leave for every four hours worked. The leave is paid up to the amount of time the employer is required to provide as paid rest period, and employers may permit employees to make up the time used during unpaid rest periods. The employee must take the leave time during the employer's regularly provided rest periods, if feasible. Any unpaid leave time used to express breast milk is counted toward hours worked for purposes of eligibility or contribution to health insurance.

Family Leave — HB 2460, 2635 and 2485

Employers may not deduct time missed due to a compensable on-the-job injury from an employee's Oregon family leave entitlement. Employees who have accumulated sick leave must be allowed to use it for any reason if the reason is a qualifying reason under the Oregon Family Leave Act (OFLA). The definition of "family member" has been expanded to include grandparents and grandchildren.

Sexual Orientation — SB 2

It is unlawful to discriminate against applicants or employees because of a person's sexual orientation. Sexual orientation includes actual or perceived sexual orientation, gender identity, and appearance that may differ from the traditional appearance of that person's sex at birth.

Noncompetition and Employment Arbitration Agreements — SB 248

Arbitration agreements will not be enforceable unless the employee is given written notice at least 14 days before the first day of employment that the agreement will be required or unless it is entered into upon bona fide job advancement.

Noncompetition agreements, entered into after January 1, 2008, will be enforceable only if:

1. The employee is informed in writing at least 14 days before beginning work that a condition of employment is to execute an agreement;
2. The employee meets the definition of an exempt administrative, executive, or professional employee under state law;
3. The employee possesses trade secrets or confidential information or is on-air talent; and
4. The employee (other than on-air talent) earns an annual gross salary, with commissions, in excess of the median family income for a four-person family (currently about $62,000 annually)

An agreement cannot exceed two years from termination. An agreement that does not meet the requirements related to duties and compensation is enforceable if the employer pays the employee an amount for the term of the noncompetition period that is the larger of either (1) 50% of the employee's annual salary and commissions at the time of termination or (2) 50% of the median family income for a four-person family.

The legislation does not apply to agreements not to solicit customers or employees of the former employer.

Crime Victim Leave — SB 946

This bill requires an employer, with six or more employees, to allow a victim, or the parent of a victim, of domestic violence, sexual assault, or stalking to take reasonable unpaid leave from employment to obtain legal assistance, medical assistance, or counseling. To be eligible, the employee must have worked an average of at least 25 hours per week for at least 180 days before the leave date.

Leave must be granted to an eligible employee to seek or obtain from the eligible employee or his or her minor child:

Legal or law enforcement assistance to ensure the person's health or safety;

Medical treatment for injuries caused by the domestic violence, sexual assault, or stalking;

Counseling from a mental health professional related to the domestic violence, sexual assault, or stalking;

Services from a victim services provider; or

Relocation from or securing of an existing home to ensure the person's health and safety.

An employer may limit the amount of leave if it creates an undue hardship. It is unlawful to deny leave or retaliate against an employee asserting leave rights. Employers must allow an employee to take accrued paid leave and must keep all records relating to the leave and the situation confidential.

Wages on Regular Paydays — HB 2258

This bill establishes time limits for correcting underpayments or payroll errors. If the underpayment is less than 5% of the employee's gross wages on that payday, then the employer must pay the underpaid amount by the next payday. If the amount exceeds 5% of gross wages, then the employer has three business days to pay the unpaid amount.

Published January 1, 2008

This article is intended to inform the reader of general legal principles applicable to the subject area. It is not intended to provide legal advice regarding specific problems or circumstances. Readers should consult with competent counsel with regard to specific situations.

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