Oregon Labor Laws and Lawyers

Nationally, both employers and employees are protected by federal legislation. To give employees more advantageous coverage, Oregon has also passed state legislation.

Along with the federal labor regulations that businesses must abide by, Oregon also has its own labor laws regulating working conditions and pay management. The vast range of employment-related issues that are covered by Oregon’s labor laws includes wages, leave, breaks, workplace safety, and payroll taxes.

Discrimination Laws in Oregon

Policy Against Harassment and Discrimination
All Oregon employers must have a written harassment and discrimination policy that details procedures and practices for reducing and preventing discrimination against people who belong to Oregon’s protected categories, per the Oregon Workplace Fairness Act (OWFA), which takes effect on October 1, 2020.

The following are protected categories: performance of duty in military service, physical or mental impairment, race, color, religion, sex, sexual orientation, national origin, marital status, and age.

OWFA-created policies must also:

• Establish a procedure for reporting improper behavior and specify who inside the organization is in charge of receiving complaints, with at least one backup.
• Describe the new five-year statute of limitations that applies to charges of illegal behavior by employees.
  Include a description of the provisions outlined in the OWFA and state that the employer “may not pressure or persuade an employee to enter into a non-disclosure or non-disparagement agreement.”
• Inform employees that they can voluntarily request an agreement containing non-disparagement and non-disclosure language, as well as a no-rehire provision, which the OWFA otherwise bans if they are alleging discrimination, harassment, or sexual assault.
• Encourage both employers and employees to keep records of any instances of behavior that violate Oregon’s anti-discrimination laws.

For convenience, Oregon has produced an example OWFA policy for employers in English and Spanish.

Every employee in the workplace must have access to the employer’s OWFA policy. When hired, new workers must receive a copy of the policy. Additionally, a copy of the policy must be provided to any employee who reports sexual assault, harassment, or discrimination.

Ban the Box
The “ban the box” rule in Oregon forbids employers from asking job applicants about their criminal records before the interview stage. Normally, a job application will question your criminal background. Before making a conditional employment offer, an employer may not demand that applicants divulge any criminal convictions if no interview was held.

Employers in the City of Portland are subject to a tighter “ban the box” regulation. In Portland, companies are not permitted to ask about criminal history until after a conditional job offer has been made.

Pay & Compensation Laws in Oregon

Minimum Wage
There are three different minimum wages in Oregon, according to location. Notably, the appropriate wage that a business should pay an employee depends on where they are employed.

The minimum wage in non-urban counties is $11.50 an hour.

The hourly minimum wage in Standard Counties is $12.00.

The minimum wage in the Portland Metro Area is $13.25 per hour.

The minimum pay for workers who travel for work or work in different types of locations is the wage in the county where they spend at least 50% of their weekly working hours.

Additionally, employers can pay each county’s minimum wage to workers.

Overtime
Most hourly workers in Oregon are entitled to overtime pay for any period over a total of 40 hours in a regular or single work week under the state’s overtime laws. Any seven consecutive workdays make up a single workweek. The rate for overtime compensation is 1.5 times the employee’s regular hourly rate.

HR professionals need to be particularly aware of Oregon’s unique overtime requirements by industry and for employees in packing houses, logging camps, canneries, mills, and factories, in addition to the fundamentals of payroll. While many people are free from overtime in Oregon, such as those who work as fishers, receive commissions, or are employed in a “white collar” business and make more than $27.63 per hour, overtime is still required for some jobs.

Hospitals are prohibited by labor law from making nurses work more than 12 hours per day or more than 40 hours per week, while nurses are free to work longer if they so wish. However, other than in cases involving minors or those covered by child labor laws, there are generally no restrictions on how much overtime can be demanded of other types of workers.

Equal Pay in Oregon

Employers in Oregon must provide employees with equal compensation for equal labor, regardless of their age, marital status, veteran status, race, color, religion, sex, sexual orientation, or national origin. Pay cutbacks might not be the best way to achieve equal pay.

Employers must display an updated Oregon Equal Pay Notice in a public area if it is not already part of a labor law poster.

Paychecks

According to Oregon law, companies must pay workers on a regular payday schedule that is no more than 35 days apart. Employers are also prohibited from delaying or withholding a paycheck as a form of punishment or in return for the return of property that an employee borrowed from the company.

Final Pay Rule for Oregon

The following are the exact guidelines and legal criteria for providing employees with their final paycheck.

The final paycheck for workers who leave without giving 48 hours’ notice must be received within five business days or the following regular payday, whichever comes first, excluding weekends and holidays.

The final paycheck must be received by departing employees who have given 48 hours’ notice unless the last day of work falls on a weekend or holiday. The final paycheck is due the following business day if it is a weekend or holiday.

The final paycheck must be received at the end of the first business day following an employee’s departure or termination by the company for those who are let go by mutual agreement OR by the employer.

Takeaways from the Final Pay

All earned wages that have not yet been paid out to an employee should be included in their last paycheck.

When (and only when) an employer may take from final compensation are the following:

• It is obliged by law to do so (such as for taxes)
• The deduction has the employee’s written consent and is not being made for the employer’s benefit (for example, for an employee savings plan)
• A charitable donation is what is being deducted.
• The deduction relates to labor group dues.
• The deduction relates to the repayment of a loan that the employer and employee mutually agreed upon.
• According to a collective bargaining agreement, the deduction is permitted.

Employers in Oregon are not required to give their staff any paid time off. However, if an employer does include vacation time in its employment contract, money for any unused vacation time should be made available to the employee in their final paycheck.

Human resources (HR) workers in Oregon must be diligent with well-established employee handbooks and regulations because the lines between HR and other departments are frequently blurred, especially in start-ups and small businesses. To assist with compliance and risk reduction with regard to payroll and all of the procedures necessary to administer payroll within a firm effectively, this may include obtaining outside compliance help and subscribing to outside resources.

Where Can I Get a Nearby Employment Lawyer Who Can Assist Me?

If you believe you are not receiving the fundamental rights and protections provided by Oregon’s state laws or by Federal Law, feel free to call a local Oregon labor lawyer right away. Most employment regulations have specific deadlines that must be met. Your lawyer can explain your rights to you and advise you on how to defend yourself.