Category: Employment Law
Beginning January 1, Oregon Striking Workers may be Eligible to Receive Unemployment Benefits
On June 24, 2025, Oregon Senate Bill 916 (“SB 916”) was signed into law by Governor Tina Kotek. Effective January 1, 2026, this statute will eliminate the longstanding “labor dispute” disqualification in Oregon’s unemployment insurance (UI) law, meaning that workers who are unemployed due to a strike or lockout may,…
Age Discrimination in Hiring and Pay Stub Requirements- New Oregon Employment Laws for 2026
The Oregon Legislature has been busy this session! Two important bills to note are HB 3187 and SB 906. HB 3187 addresses age discrimination in hiring by prohibiting employers from requesting or requiring an applicant’s age, date of birth, or date of graduation from any educational institution prior to completing an…
Shhh… or You’ll Waive It: Confidentiality Pitfalls in Oregon Workplace Investigations
When an internal investigation kicks off in an Oregon workplace, confidentiality becomes the name of the game—but too often, no one knows the actual rules. Employers and attorneys alike make the mistake of thinking confidentiality is automatic or absolute. In reality, the Oregon Rules of Professional Conduct (ORPC) require intentional action…
Federal Judge Strikes Down FTC’s Ban on Worker Noncompete Agreements: What It Means for Employers
In January 2023, the Federal Trade Commission (FTC) proposed a sweeping federal ban on noncompete agreements in nearly all employment contracts—a move poised to significantly reshape the American labor landscape. Here’s what you need to know about the proposed ban, the recent federal decision, and its implications. Understanding Noncompete Agreements…
How exclusive is the exclusive remedy in Oregon Workers’ Compensation?
At the core of the Oregon workers’ compensation system is a compromise between workers’ and employers. Employers must provide benefits for work-related injuries even when there was no negligence by the employer which led to the incident. But these work-related injuries cannot serve as the basis of a lawsuit against…
New Oregon Law Amending OFLA & PLO Takes Effect July 1, 2024
Oregon Governor Tina Kotek recently signed new legislation aimed at simplifying Oregon’s leave laws. Senate Bill 1515 eliminates many types of leave previously covered under the Oregon Family Leave Act (OFLA). The goal is to decrease overlap between the types of leave that qualify for OFLA and Paid Leave Oregon…
Pregnant Workers Fairness Act- What to Know
What is it? The Pregnant Workers Fairness Act (PWFA) went into effect on June 27, 2023. The PWFA is a federal law that expands existing workplace protections for pregnant employees. The PWFA requires covered employers to provide reasonable accommodations to a worker’s known limitations related to pregnancy, childbirth, or related…
New Law Restricting “No-Rehire Provisions” In Oregon Workers’ Compensation Settlement’s Takes Effect
On July 27, 2023 Oregon Governor Tina Kotek signed HB 3471 into law. The bill places restrictions on when a “no-rehire” provision can be included in a workers’ compensation settlement: HB 3471 restricts “no-rehire provision” HB 3471 prohibits employers from requiring a “no-rehire provision” as a part of workers’ compensation…
2023 Legislative Wrap-Up – Key Changes for Oregon Employers
The 2023 Oregon Legislative session adjourned June 25, 2023. Below is a summary of the bills impacting Oregon employers that passed this session. SB 999 aims to more closely align Paid Leave Oregon and the Oregon Family Leave Act (OFLA). The bill has been signed into law and went into…
COVID-19 Era Amendment to the Oregon Equal Pay Act to Become Permanent?
Under the current version of the Oregon Equal Pay Act, employers are prohibited from paying an employee a higher rate than a coworker for similar work unless the pay disparity is justified by “bona fide factors” such as seniority, merit, travel, education, training, or experience. All types of compensation including…
Proposed Oregon bill to disallow no-rehire provisions in workers’ compensation settlements
AFL-CIO (a conglomerate of union groups) has proposed legislation to prohibit no re-hire/reemployment/reinstatement clauses in workers’ compensation settlements. Specifically, the proposed legislation would only allow a carrier/employer to enter into a no-rehire agreement if the injured worker (or worker who has filed a workers’ compensation claim) specifically requests the provision….
Federal Trade Commission Proposes Broad Ban to Non-Compete Agreements
On January 5, 2023, the Federal Trade Commission (FTC) released a Notice of Proposed Rulemaking (NPRM) that seeks to ban employers from imposing or enforcing non-compete clauses on workers. The proposed rule prohibits an employer from: (1) entering into or attempting to enter into a non-compete agreement with a worker; (2) maintaining…
Washington State Requiring Salary Transparency on Job Postings Effective January 1, 2023
On January 1, 2023, RCW 49.58.110 goes into effect. This law addresses salary transparency in job postings for certain Washington State employers. In November 2022, the Washington State Department of Labor & Industries (“L&I”) issued an administrative policy addressing the new job posting requirements under RCW 49.58.110 and providing guidance…
Oregon Paid Family Leave Starts in 2023
The Oregon Paid Family & Medical Leave (OR PFML) program was enacted in August 2019, and beginning January 1, 2023, Oregon employers and employees will begin paying into the program. While much of the OR PFML requirements mirror parts of the Federal Family Medical Leave Act and Washington’s PFML, there…
Washington Court of Appeals Issues New Decision Which Defines Reasonable Accommodations of Religious Beliefs – and Raises New Questions For Employers
The Washington Court of Appeals, Division 3, issued a decision on September 20, 2022 defining for the first time what is a “reasonable accommodation” of an employee’s religious practices under state law. In the recently published decision of Suarez v. State, the Court of Appeals adopted the federal definition that…
Equivalent Plan Applications Are Now Available For Oregon’s Paid Family and Medical Leave Insurance Program
Employer and employee contributions into the Oregon Paid Family & Medical Leave Insurance program are set to begin on January 1, 2023 and employees can start applying for benefits beginning September 3, 2023. Alternatively, employers can provide their own paid family and medical leave program if it is equivalent or…
Washington Silenced No More Act
Washington state passed sweeping new legislation relating to non-disclosure and non-disparagement clauses in employment related agreements. In 2018, Washington implemented legislation in response to the #Metoo movement. The 2018 legislation prohibited employers from requiring employees to sign, as a condition of employment, a nondisclosure agreement that prevented employees from “disclosing…
Ninth Circuit Agrees Temporary Impairments Can Be Disabilities Under ADA
A recent decision by the Ninth Circuit confirms that temporary medical conditions can qualify as disabilities under the Americans with Disabilities Act (ADA). The outcome in Shields vs. Credit One Bank N.A. is consistent with recent rulings from several other federal courts of appeals finding that transitory impairments can trigger…
Questions about Oregon’s Paid Family and Medical Leave Insurance (PFMLI) program?
The Oregon Employment Department will administer this new leave program and is starting the process of outlining rules. Employers will begin collecting/paying contributions on January 1, 2023. If you are an employer or business owner concerned with how this program will work, this is an opportunity to share your concerns…
Changes Coming to Oregon’s Workplace Fairness Act January 1, 2023
The Oregon legislature made several changes and key clarifications to the Workplace Fairness Act during the 2022 legislative session. The law currently restricts employers from, among other things, requesting confidentiality, non-disparagement and no-rehire provisions in agreements with employees where the provisions would prevent employees from disclosing conduct constituting discrimination under…
Oregon Employment Department Finds Vaccine Mandate for Remote Workers Reasonable
The Oregon Employment Department recently denied a former Nike employee’s unemployment benefit application in February 2022. The worker, who worked remotely, was fired for failing to comply with Nike’s vaccine mandate. This decision was not entirely surprising considering the Oregon Employment Department announced in August 2021 they were taking the…
Oregon CROWN Act Goes into Effect January 1, 2022
In 2021, the Oregon Legislature passed the Oregon CROWN Act. The CROWN act prohibits employers from discriminating against employees and potential employees based on hairstyles associated with race. Oregon employers, historically, are prohibited from discriminating against employees on the basis of race. The CROWN act aims to further define what…
BOLI Enacts Temporary Rules Implementing Senate Bill 483
Senate Bill 483 was signed into law by Governor Brown on June 15, 2021. Yesterday, the Bureau of Labor and Industries filed Temporary Rules with the Secretary of State implementing the bill. SB 483 creates a rebuttable presumption in the Oregon Safe Employment Act. Under SB 483, if an adverse…
Washington Employers Receive Guidance on WPFML from the State
Employers have been attempting to implement the Washington Paid Family and Medical Leave Act (WPFMLA) with little guidance from the Employment Security Department. In the latest legislative session, some clarifications have now been added as administrative rules (WAC 192). The adopted clarifications address successor employers, “hours worked” for purposes of…
Oregon Passes CROWN Act
Oregon joins a number of states in prohibiting discrimination based on hairstyles associated with a person’s race. Governor Brown signed HB2935 on June 11, 2021. The CROWN act prohibits discrimination based on protective hairstyles. Protective hairstyles are defined as “hair color or manner of wearing hair that includes, but is…
