The 2009 Oregon legislative session has ended. What follows is a summary and analysis of new labor and employment law. If you are interested in reading the full-text of a particular bill, follow the link provided. HB 2059requires individuals who are licensed by any one of numerous health-related regulatory boards to report conduct by any other licensee that the reporting licensee reasonably believes constitutes grounds for discipline. This bill requires counselors, massage therapists, dentists, nurses, physicians, physical therapists and other health care providers to report suspected misconduct to whatever board licensed the professional who is suspected of that misconduct. HB 2118imposes on health care licensees an affirmative duty to report professionals who may be impaired by the excessive use of drugs or alcohol, other chemical dependency or a mental health condition, and confers civil immunity on any licensee who makes such a report in good faith. This bill also allows licensing boards to require fingerprinting for background check purposes. HB 2201- Under Oregon law, an LLC could elect to exempt members from unemployment compensation insurance coverage, and a corporation could also do so for corporate officers who: (i) are also directors; (ii) have a substantial ownership interest in the business; and (iii) are members of the same family. Traditionally the decision to exempt such individuals must be in writing, and would be effective on the first day of the calendar quarter in which the request was submitted to the Employment Department. This bill also changes the effective date to the current calendar quarter or the preceding calendar quarter. This bill also makes officers, directors, members, partners and employees personally liable for a company’s failure to properly classify officers and members as exempt, or otherwise comply with the statutory requirements regarding the payment of unemployment insurance premiums.
HB 2377prohibits individuals from using a cell phone for any non-emergency purpose while operating a motor vehicle, unless the individual is using the device in hands-free mode.
HB 2744requires employers to provide 14 days of unpaid leave to employees who are spouses of members of the Armed Forces (including the National Guard) who are on active duty during periods of military conflict. The leave would be available if the service member faced an “impending call or order to active duty,” or if the member is on leave from deployment. The employee is entitled to restoration of the employee’s job without loss of benefits. This bill is similar, but not identical, to the military leave revisions to the FMLA.
HB 2826increases the hours that children under 16 years of age can work during the summer period. The previous law prohibited children under 16 from working past 7:00 p.m. This bill changes that time to 9:00 p.m.
HB 3140extends the period during which an eligible individual may receive unemployment insurance benefits from 26 weeks to 52 weeks.
HB 3162prohibits an employer from discharging or otherwise discriminating or retaliating against an employee if the employee in good faith reported information that the employee believes is evidence of a violation of state or federal law. Under previous law, whistleblowing protections were limited. This bill significantly expands those protections.
HB 3256prohibits an employer from discriminating against an individual because of the person’s service in the military.
SB 60allows the BOLI Commissioner to assess and collect attorney’s fees against an employer when collecting a judgment on a wage claim.
SB 277requires places of accommodation to permit customers to use employee toilet facilities if the customer uses an “ostomy device” or has a “diagnosis of Crohn’s Disease, ulcerative colitis, any other inflammatory bowel disease, irritable bowel syndrome or other medical condition that can cause a person to require access to a toilet facility without delay.”
Under this bill, in order for the customer to be able to use the employee bathroom: (i) the public bathroom must not be “immediately available;” (ii) there must be three or more employees working at the time of the request; and (iii) the employee toilet must be reasonably safe and not located in an area that would pose an obvious health or safety risk to employees or the customer, or a security risk to the place of public accommodation. This law imposes a maximum fine of $90 against any merchant who denies a customer with any of the above conditions use of the employee bathroom.
SB 373holds an employer liable to the beneficiary of a child support order if the employer withholds employee wages in response to a support order, but then fails to pay those withheld funds to the beneficiary within the timeframe set out in the support order. The employer is also liable to the employee if the employer withheld more than was required by the support order. The beneficiary and employee are entitled to recover all damages arising out of the employer’s failure to comply with the support order, plus attorney’s fees. The employer is subject to a fine of $250 per violation.
SB 373 also makes it unlawful for an employer to discharge, refuse to hire, or discriminate or retaliate against any employee who is subject to a support order, or because the support order imposes obligations on the employer.
SB 519prohibits all employers from retaliating against an employee because the employee refused to attend an employer-sponsored meeting or participate in a communication regarding the employer’s opinion about religious or political matters. The bill creates exceptions for certain religious and political organizations, and for meetings that are strictly voluntary.
Aggrieved employees are entitled to file a civil lawsuit against their employer no later than 90 days after the date of the alleged violation, and may recover three times’ the amount of actual damages, plus attorney’s fees.
SB 786(i) requires employers to accommodate an employee’s religious observances and practices unless doing so caused an undue hardship; (ii) permits employees to use paid leave as an accommodation; and (iii) restricts an employer’s ability to place limitations on an employee’s desire to wear religious clothing or participate in religious activities. The new law shall be known and may be cited as the “Oregon Workplace Religious Freedom Act.”
Although employers were already required to reasonably accommodate religious practices and observances, this bill makes it more difficult to establish that accommodating a practice would constitute an undue hardship.
SB 874essentially adopts the recent amendments that were made to the ADA, making Oregon law more consistent with its federal counterpart.
SB 928(i) prohibits an employer from discriminating against an employee or applicant who is a victim of domestic violence, sexual assault or stalking; and (ii) requires an employer to implement “reasonable safety accommodations” (such as transfers, reassignments “or any other adjustment”) requested by a victim of domestic violence, sexual assault or stalking.
