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New Challenges for Employers in 2008
The Oregon Legislature passed an unprecedented number of employment laws in 2007, most of which are scheduled to go into effect January 1, 2008. The following list highlights the most significant changes that will impact Oregon employers. More detail is available on our web page A Climate Shift-New Challenges for Oregon Employers in 2008.
Sexual Orientation Discrimination: The Oregon Legislature added sexual orientation as a new protected class under Oregon's anti-discrimination laws. The new law prohibits discrimination based on sexual orientation in most employment settings.
OFLA Amendments: Under the new law, employees are allowed to use any paid accrued sick leave for any period of Oregon Family Leave, and to take family leave to care for grandparents and grandchildren. Employees may also take leave under workers' compensation laws without losing their OFLA leave.
Employee Inspection of Personnel Records: Beginning in 2008, employers will have a deadline of 45 days to allow current and former employees to inspect their personnel records or to respond to a request for copies of these records. The consequence of noncompliance is a penalty of up to $1,000 for each violation.
Breastfeeding Breaks: Under this new law, employers must provide up to 30-minute unpaid breaks for every four hours worked and private accommodations (other than restrooms or bathroom stalls) for nursing mothers.
Employee Leave for Domestic Violence, Sexual Assault, and Stalking: Earlier this year, the Oregon Legislature passed a new law allowing employees to take unpaid leave to seek treatment for or assistance related to domestic violence, sexual assault, and stalking.
Noncompete Agreements: The Oregon Legislature changed the conditions under which employment noncompetition agreements are enforceable, and limited the duration of noncompetition agreements to two years. More information about these changes is available in our prior article, IMPORTANT: Legislature Changes Oregon's Noncompetition Agreement Law
Arbitration Agreements: Beginning in 2008, arbitration agreements in the employment setting are even more restricted. For example, they will now be enforceable only if entered into upon a written agreement presented to the employee at least two weeks before his or her start date or upon a bona fide promotion.
Paycheck Direct Deposit: This new law allows payment of wages through direct deposit, automated teller machine card, payroll card, or other means of electronic transfer, but only if certain requirements are met, including a written agreement between the employer and employee authorizing this form of payment.
Damages for Unlawful Employment Practices: As of January 1, 2008, workers who allege unlawful employment practices will have a uniform set of available remedies such as reinstatement, lost wages, compensation for emotional distress, and possibly punitive damages.
Wage & Hour Retaliation Claims: Under the new law, wage and hour discrimination and retaliation are considered unlawful employment practices and, as such, affected employees are entitled to sue for remedies such as reinstatement and back pay for up to two years, in addition to compensatory damages and possibly punitive damages.
OSHA Retaliation Timeframe: The timeframe in which an employee can file an OSHA retaliation complaint has been increased to 90 days. Under the old law, a worker had only 30 days to file a claim.
Meal Periods for Food/Beverage Servers: The Oregon Legislature has directed the Bureau of Labor and Industry (BOLI) to adopt rules regarding meal periods for tipped food/beverage service employers. Under these new rules, if employers coerce food and beverage workers to waive their meal periods, they face civil penalties up to $2,000 per violation. Voluntary waiver remains permissible.
Employer Deductions from Paychecks: If an employer deducts wages pursuant to law or an agreement with the employee, the employer must pay the amount deducted either within the time required by law or agreement, or within seven days of when the employee receives his or her paycheck. Failure to do so could result in a $1,000 penalty for each violation.
Employer Wage Underpayments: After January 1, 2008, employers will be required to fix undisputed wage underpayments of 5% or more of wages owed within three business days of notice, while underpayments of less than 5% of wages owed due may be paid in the following paycheck.
It is important that businesses revisit their employment policies and procedures to ensure compliance with the new laws before the end of the year. The Dunn Carney Allen Higgins & Tongue employment and labor attorneys will review these changes - and the challenges for 2008 - during the February 6, 2008 Breakfast Briefing for clients and friends of the Firm. Details about this program are forthcoming.
Also, if you would like more information regarding any of the new laws before the Breakfast Briefing, please contact Jack Cooper or Tamsen Leachman or review our more detailed article about these new developments A Climate Shift-New Challenges for Oregon Employers in 2008.
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