Employment Law

Final Rules Issued for Oregon Equal Pay Law Effective January 1, 2019

The Oregon Bureau of Labor and Industries (BOLI) recently issued final rules implementing the Oregon Equal Pay Law, most provisions of which take effect on January 1, 2019. The full text is available on the BOLI web site here. The final rules contain only minor changes from the proposed rules (see our previous blog post for a detailed discussion). The rules continue to define “work of comparable character” as work that includes substantially similar knowledge, skill, effort, responsibility and working conditions, with no single factor being determinative.” Key to this definition is the emphasis that “no single factor” will be determinative – in other words, employers should point to multiple factors to justify differences in pay… Continue reading

Do you manage employee leave for employees in Oregon or Washington?

Check out the new Oregon and Washington Absence and Disability Management group on LinkedIn. This new group is aimed at giving employers and HR professionals a forum to share ideas and learn about changes specific to the unique laws and requirements in Oregon and Washington. Join the group and share with others who may be interested!  

BOLI issues proposed rules for Equal Pay Law

The Oregon Bureau of Labor and Industries (“BOLI”) recently issued proposed rules implementing the Oregon Equal Pay Law, most provisions of which take effect on January 1, 2019. The full text of the proposed rules is available on the BOLI web site here. Comparable Character The Equal Pay Law prohibits employers from compensating any employee at a rate greater than that at which the employer pays wages or other compensation to employees of a protected class for work of comparable character. BOLI’s proposed rules define “work of comparable character” as work that includes “substantially similar knowledge, skill, effort, responsibility and working conditions.” E.g., “knowledge considerations may include, but are not limited to: certifications, licenses and certificates;… Continue reading

October Event: Employer Disability & Leave Roundtable

KAISER PERMANENTE AND SATHER, BYERLY & HOLLOWAY EMPLOYEE DISABILITY AND LEAVE ROUNDTABLE Date: Tuesday, October 16, 2018 Time: 11:30 a.m. – 1:30 p.m. Where: Kaiser Permanente- Town Hall Ballroom (3704 N. Interstate Ave., Portland, OR 97227) Cost: Free – Lunch provided Kaiser Permanente and Sather Byerly & Holloway are sponsoring a work group for Oregon and Washington employers related to leave management. This open-forum roundtable will allow employers to bring their questions and share their insights on how to address various disability and leave requirements under state, federal or local laws. Mike Moses, ADA Manager at Kaiser Permanente, and Rebecca Watkins, attorney at Sather Byerly & Holloway LLP, will lead the group in problem-solving discussions… Continue reading

Predictive scheduling: What is it and does it apply to my company?

In a nutshell, Oregon’s new law requires certain employers to provide advance schedules for their employees and imposes penalties for last minute changes. SB 828 went into effect on July 1st and BOLI recently issued final rules for the new law, found here. Does it apply to my company? The law applies to retail, hospitality and food service establishments that employ 500 or more employees worldwide. This includes chains and – a more tricky concept – integrated enterprises. If your company operations overlap with another corporate entity (think parent, subsidiary, franchisor, general contractor) then take a look at the factors that determine if the companies would be considered an “integrated enterprise.” Those factors include: Interrelation of operations of the… Continue reading

Oregon Minimum Wage Increases on July 1, 2018

The next annual rate increase for minimum wage goes into effect on July 1, 2018. The standard rate increases to $10.75 per hour. Those in the Portland Metro area increase to $12.00 per hour and for non-urban counties, the rate increases to $10.50 per hour. If you are not sure which category you fall into, check out BOLI’s website here for a link to the Portland Metro urban growth boundary and a county-by-county map of rates. If you have any questions regarding which rate you are obligated to pay, please contact me directly at (503) 595-2134.

Washington Paid Sick Leave – Sample Policies and Enforcement Rules

Starting January 1, 2018, Washington employers will have to provide paid sick leave to their employees. All employers are required to provide one hour of paid sick leave to an employee for every 40 hours worked, paid at an employee’s normal hourly compensation. Employees may use paid sick leave: (1) to care for themselves or their family members, (2) when an employee’s workplace or their child’s school or place of care has been closed by a public official for any health-related reason, or (3) for absences that qualify for leave under the state’s Domestic Violence Leave Act. Because you have likely heard or read about the law’s requirements, the focus of this post is to summarize the Department of Labor… Continue reading

Oregon Passes Fair Work Week Legislation

Oregon made national news yesterday as the first state to pass legislation requiring employers to provide greater schedule predictability to low-wage employees in the retail, food service, and hospitality industries. The bill applies to employers with at least 500 employees worldwide. The bill (SB 828) attempts to address issues that arise with irregular and unpredictable scheduling. One in six Oregonians receive less than 24-hour notice of their job shifts. Employers will now be required to post work schedules 7 days in advance that include all work shifts and on-call shifts for the work period. If the employer wants to change the schedule after the advance posting, the employee may decline any work shifts not included in the written… Continue reading

Minimum Wage Increases July 1, 2017

Oregon’s second rate increase under 2016 legislation goes into effect on July 1, 2017. The minimum wage for your company turns on your location. The standard rate will increase to $10.25/hour and applies to most of the state. But nonurban counties have a lower rate increase to $10.00/hour. The nonurban counties include: Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa and Wheeler counties. And employers located in the Portland Metro area will have a higher rate increase to $11.25/hour. Unsure if your location falls inside the Portland Metro area for purposes of minimum wage? Visit this website and confirm: http://www.oregonmetro.gov/library/urban-growth-boundary/lookup If you have questions about wage and hour law, please give… Continue reading

Disability/Leave Roundtable for Employers

The Oregon/SW Washington chapter of the DMEC is hosting a free lunch roundtable on March 15, 2017. Employers, HR professionals, and leave administrators are encouraged to attend to discuss leave management challenges. The event is free, but registration is required. March 15, 2017 from 11:30 a.m. to 1:00 p.m. at Kaiser Town Hall – 3704 N Interstate Avenue. Register here: http://dmec.org/2016/12/20/2017-oregonsouthwest-washington-chapter-meeting-mar-15/