OREGON

Document Sample
OREGON Powered By Docstoc
					       Human Resource
State Employment Law Summary




                       OREGON
                                                  Table of Contents
                                                                                                                                          Page

Americans with Disabilities Act ................................................................................. 4
      Injured Worker Reinstatement/Reemployment ...................................................................... 4
Appearance and Grooming ........................................................................................ 4
      Uniforms ................................................................................................................................. 4
Arrest and Conviction Records .................................................................................. 4
At-Will Employment ................................................................................................... 5
Breaks and Rest Periods ............................................................................................. 5
Child Labor .................................................................................................................. 5
    Federal Law ............................................................................................................................ 5
    Types of Work ........................................................................................................................ 6
   Minors Under 18 ......................................................................................................................... 6
   Minors Under 16 ......................................................................................................................... 6
   Minors Age 9 to 12 ..................................................................................................................... 6
    Hours of Work ........................................................................................................................ 6
   Minors Under Age 18 ................................................................................................................. 6
   Minors Age 16 and 17................................................................................................................. 7
   Minors 14 and 15 ........................................................................................................................ 7
    Permits and Postings ............................................................................................................... 7
    Breaks for Minors ................................................................................................................... 7
COBRA ......................................................................................................................... 7
      Insurance Continuation ........................................................................................................... 7
Employee Conduct and Work Rules ......................................................................... 8
      Guns in the Workplace............................................................................................................ 8
Equal Employment Opportunity and Equal Pay..................................................... 8
Family and Medical Leave (FMLA) .......................................................................... 8
     FMLA and OFLA ................................................................................................................... 8
     Coverage ................................................................................................................................. 9
     Reasons for Leave ................................................................................................................... 9
   Parental Leave ............................................................................................................................. 9
   Serious Health Condition of Employee ...................................................................................... 9
   Serious Health Condition of Family Member ............................................................................. 9
   Sick Child Leave ......................................................................................................................... 9
     Length of Leave ...................................................................................................................... 9
     Medical Certification ............................................................................................................ 10
     Use of Paid Leave ................................................................................................................. 10
     Reinstatement ........................................................................................................................ 10
     Bone Marrow Donor ............................................................................................................. 10
Files and Access .......................................................................................................... 11
      Employee Review of Files .................................................................................................... 11
      Records Retention ................................................................................................................. 11
Hiring Procedures ...................................................................................................... 11
      Credit and Investigative Checks ........................................................................................... 11
      New Hire and Rehire Reporting Requirements .................................................................... 12
      Mandatory Background Checks ............................................................................................ 12
Holidays ....................................................................................................................... 12
Jury, Witness, and Voting Leave ............................................................................. 12
      Jury Duty............................................................................................................................... 12
      Voting Leave ......................................................................................................................... 13
Labor-Management Relations .................................................................................. 13
Layoff and Reduction in Force ................................................................................. 13
Medical Testing and Examinations.......................................................................... 13
      Drug Testing ......................................................................................................................... 13
      Alcohol Testing ..................................................................................................................... 13
      Medical Examinations .......................................................................................................... 14
      Genetic Testing ..................................................................................................................... 14
      HIV Testing .......................................................................................................................... 14
Military Leave ............................................................................................................ 14
Noncompetition Agreements .................................................................................... 15
Overtime...................................................................................................................... 15
Political Activities....................................................................................................... 15
Polygraph/Lie Detector Tests ................................................................................... 15
Reference Requests .................................................................................................... 16
      Protection for Employers ...................................................................................................... 16
Sick Leave ................................................................................................................... 16
Smoking....................................................................................................................... 16
      Designated Areas .................................................................................................................. 16
      Use of Lawful Products Off the Premises............................................................................. 16
Termination Procedures ........................................................................................... 17
     Paychecks .............................................................................................................................. 17
   Employee Quits Without Notice ............................................................................................... 17
   Employee Quits With Notice .................................................................................................... 17
   Employee Terminated or Termination is Mutually Agreed Upon ............................................ 17
     Credit for Leave if Company Bought and Employee Retained ............................................ 17
     Death of an Employee ........................................................................................................... 17
Unemployment Compensation ................................................................................. 17
Vacations ..................................................................................................................... 18
Volunteer Firefighting ............................................................................................... 18
Wages and Hours ....................................................................................................... 18
      Paydays ................................................................................................................................. 18
      Minimum Wage .................................................................................................................... 18
      Withholding or Docking Pay ................................................................................................ 18
      Garnishment .......................................................................................................................... 19
      Direct Deposit ....................................................................................................................... 19
      Records ................................................................................................................................. 19
      Living Wage.......................................................................................................................... 19
Whistleblower Protection.......................................................................................... 20
Worker's Compensation ........................................................................................... 20
Pre-Employment Inquiry Guide .............................................................................. 20
Required Posters ........................................................................................................ 20
      Required Federal Posters ...................................................................................................... 21
      Required Oregon Posters and Contacts................................................................................. 21
                           STATE LAW SUMMARY

Americans with Disabilities Act


  Injured Worker Reinstatement/Reemployment

  Oregon state law requires employers with twenty-one (21) or more employees to reinstate
  any worker to their previous position, if that employee sustained a compensable injury on the
  job, as long as that position still exists and the employee is not disabled from performing the
  duties of such position. If that position no longer exists, the employee must be reinstated to
  one that is vacant and suitable.

Appearance and Grooming


  Uniforms

  In Oregon, an employer is prohibited from making a deduction from the paycheck of an
  employee for a uniform that is required to be worn as a condition of employment.

Arrest and Conviction Records


  Oregon law allows employers to request arrest records of an employee if the arrest is less
  than 1 year old and there has been no acquittal or dismissal. In addition, Oregon law allows
  employers to request the conviction records of an employee but only if the employee is
  notified of such a request.

  Caution: Private employers considering using arrest or conviction records should do so with
  caution, even in states that allow the use of arrest or conviction records for employment
  purposes. An arrest might never result in a criminal guilty plea or conviction and it is always
  possible that a person has been arrested for something he or she did not do. Moreover, the
  federal Equal Employment Opportunity Commission has stated that use of conviction records
  might be discriminatory given that, according to the EEOC, minorities are often more likely
  to have such a record. The EEOC cautions that employers should only inquire about felony
  convictions, should state that a criminal record is not an automatic bar to employment and
  should ensure that there is a legitimate business reason for requesting such information.
  Employers should consult with their attorneys for more information and guidance on this
  issue.
At-Will Employment


  Oregon law provides that an employment relationship of indefinite duration is an at-will
  relationship and can be terminated without cause. This at-will status, however, can be
  modified by oral representations and written statements. Adequate contract disclaimers and
  at-will statements in documents given to employees (handbooks, policies, etc.) can help
  minimize the risk that such statements or documents may be alleged to have created express
  or implied employment contracts. Oregon law also has recognized that discharges in
  violation of public policy or for socially undesirable motives can create a claim. This type of
  claim is typically one brought by a whistleblower or some other person asserting a legally
  protected right or by a person who has refused to commit an illegal act or who has reported
  one. These claims can, but need not necessarily, be based on statutes (e.g., you cannot fire
  someone for filing a worker's compensation claim), constitutional provisions or regulations.

Breaks and Rest Periods


  An Oregon employer must allow an employee a 30 minute meal period if the workday is 6
  hours or longer. The employee must be relieved of all duties during this time period and, if
  not, the employee must be paid during the meal period. A paid meal period can be as short as
  20 minutes if the employer can show an industry practice or custom. Scheduling can be
  flexible and depends on the length of the workday, but should be between the second and
  fifth hour of a seven hour or less workday or the third and sixth hours of a workday longer
  than seven hours.

  In addition, employers must provide paid rest periods of 10 minutes (15 minutes for minors)
  for every four hours worked. If possible, the rest period should be taken close to the middle
  of the four hour work period. This provision does not apply where all of the following
  conditions are met:
     the employee is age 18 or older
     the employee works less than 5 hours in any continuous 16 hour period
     the employee is working by himself or herself
     the employee is employed in a retail or service occupation where goods and services are
      sold to the public, not for resale; and
     the employee is allowed to leave his or her assigned station to use the restroom as needed

Child Labor


  Federal Law

  Minors may be limited in the hours they work and may not be employed in occupations
  considered hazardous by federal law or by the U.S. Department of Labor’s rules and
  regulations. When school is in session, federal law requires work of minors age 14 and 15 to
be limited to three (3) hours per day and eighteen (18) hours per week. When school is not in
session, minors age 14 and 15 may work up to eight (8) hours per day and forty (40) hours
per week between 7:00 a.m. and 7:00 p.m. (or 9:00 p.m. June 1 through Labor Day). Federal
law does not limit work hours for minors age 16 and 17, regardless of whether or not school
is in session. Except in limited circumstances, employers are generally prohibited from
hiring minors under age 14. In addition to these federal restrictions, the following provisions
address employment of minors in Oregon. Additional Oregon provisions regulate both the
type and hours of work in which minors can engage. Note that the stricter law, the one that
most benefits employees, prevails.

Types of Work

   Minors Under 18

   Minors under age 18 cannot be involved as employees with any of the following: engine;
   operation of engine in logging operations; elevator operation; on commercial vessels
   (without a permit); power-driven farm machinery (except with a certificate of training
   and in other special circumstances); canvasser; peddler; and outside salesperson.

   Minors Under 16

   Minors under age 16 cannot be involved as employees with any of the following: blast
   furnaces; breweries; bridge operations; briquette plants; exterior building cleaning; cattle
   handling; coal plants or bunkers; cold storage plants; commercial docks (except that
   minors 14 and 15 may be employed at dock areas used by chartered fishing or pleasure
   boats); construction; creosoting workings; distilleries; electric light or power plants or
   lines; engineering works; firefighting; foundries; garbage works; gas works; grain
   elevators; gravel or sand plant or bunker; ice plants; railroads; land clearing (with
   blasting or heavy equipment); logging; longshoring; lumber loading; mechanical
   amusements; milk condenseries; mines; moving buildings; bridges and structures; peace
   officer work; power works; quarries; reduction works; rock crusher; smelters; stock
   yards; surveying; tanneries; tree surgery; well digging and drilling; exterior and above
   ground window cleaning; wineries; wood cutting; sawing; power-driven machinery;
   unenclosed commercial wharves or docks and unenclosed buildings extending over
   water. Minors under age 16 can do office work in the following industries: auto wrecking
   yards, junk dealers, motor vehicle, transportation, lumbering and water works.

   Minors Age 9 to 12

   Minors age 9 to 12 may be employed, outside school hours, to pick berries and beans
   under certain conditions with parental consent.

Hours of Work

   Minors Under Age 18

   Minors under age 18 cannot be employed from 10 p.m. to 5 a.m. as messengers for a
   telephone or telegraph company or for anyone engaged in distribution, transmission or
    delivery of goods or messages. Full time school attendance is required for minors
    between the ages of 7 and 18. An Oregon employer must post a state notice outlining
    these hours.

    Minors Age 16 and 17

    Minors age 16 and 17 can work any hours up to a maximum of 44 hours per week, except
    that minors employed in canneries cannot work more than 10 hours per day without state
    approval.

    Minors 14 and 15

    Minors 14 and 15 cannot work during school hours or between the hours of 7 p.m. (9
    p.m. from June 1 through Labor Day) and 7 a.m. and can only work 3 hours per day and
    18 hours per week when school is in session and 8 hours per day and 40 hours per week
    when school is not in session. Minors employed in agriculture can work up to 25 hours in
    school weeks and up to 10 hours per day and 60 hours per week in non-school weeks.

 Permits and Postings

 Individual work permits for minors 18 years old and under are required. Employers must
 complete an annual employment certificate for each location which employs minors and must
 maintain a list of all minors hired. Employers must also maintain copies of the employment
 certificates at each location and post every required law and rule pertaining to child labor in a
 conspicuous place where all minors have easy access to them. As always, employers should
 carefully verify the ages of all minor employees hired.

 Breaks for Minors

 Oregon law requires employers to provide paid rest breaks of at least fifteen (15) minutes for
 every four hours or major part thereof worked in one work period. Rest breaks must be in
 addition to time allowed for meal breaks. Unpaid meal breaks of at least one half (1/2) hour
 are required after five (5) hours of work. Minors who perform work or remain on call during
 their meal break must be paid for that period.

 Child labor law can be both challenging and confusing. Employers of minors should
 closely review federal and state child labor law differences and contact their attorneys
 or the Department of Labor to ensure they are in full compliance.

COBRA


 Insurance Continuation

 Many states have legislation requiring small employers (those not subject to COBRA) to
 provide insurance continuation if an employee becomes ineligible for group coverage (such
 as through a termination). Such provisions are complex and very technical. You may want
  to contact your attorney or insurance broker to determine if you are meeting all applicable
  federal and state requirements.

Employee Conduct and Work Rules


  Guns in the Workplace

  Workplace violence continues to be a concern for employers. Many organizations adopt
  policies (such as the one found in the HRN manual) banning guns and other weapons on
  company property. However state law differs widely regarding employees’ weapons rights.
  You may want to contact the state employment agency or an attorney for further information
  regarding your specific policy and any possible liability that may result.

Equal Employment Opportunity and Equal Pay


  Oregon state law prohibits discrimination in employment, or terms and conditions of
  employment, based on race, color, religion, sex (including pregnancy, childbirth and related
  medical conditions), age (over 18), national origin, and/or disability. The law applies to all
  private employers regardless of size. In addition, discrimination is precluded based on marital
  status, an expunged juvenile record, genetic disorders, genetic testing or nepotism (i.e., a
  person's relationship to another employee). An exception regarding nepotism is allowed if
  hiring such a person would violate the law or place them in a line of supervision with a
  relative. Family status is defined to mean wife, husband, son, daughter, mother, father,
  brother, in-laws, aunt, uncle, niece, nephew, step-parent or step-child. Unlawful
  discrimination also includes wage discrimination based on gender. Aiding or compelling
  discrimination and retaliation are also prohibited.

  Oregon law also prohibits employers of six (6) or more employees from discriminating
  against an individual on the basis of mental or physical disability, or because the individual
  has applied for workers' compensation benefits. Oregon state law does not prohibit
  discrimination in employment because of sexual orientation.

  Caution: Some municipalities may have adopted city ordinances expanding EEO
  protections. For example, Portland protects domestic partners. Please check local laws for
  more details.

Family and Medical Leave (FMLA)


  FMLA and OFLA

  Under the Oregon Family Leave Act (OFLA) employers of 25 or more employees (including
  both full-time and part-time employees) are required to provide unpaid family and medical
  leave to eligible employees. The federal FMLA has a 50-employee threshold. Therefore
employers of 50 or more employees are subject to both the federal and the state law. Such
"dual-covered" employers must comply with the law which is the most beneficial to
employees. Employers with 25-49 employees must only comply with the Oregon provisions.

A few of the differences and elements of the OFLA are summarized below. This is not
an exclusive or exhaustive discussion of the laws.

Coverage

Employees in organizations of at least 25 employees are eligible for OFLA leave if they have
been employed by a covered employer for at least 180 calendar days before the date the leave
begins and if they have worked at least an average of 25 hours per week during that time.
Employees taking parental leaves are only required to meet the 180 day requirement (the
number of hours worked is irrelevant).

Reasons for Leave

   Parental Leave

   OFLA requires employers to provide leave for employees to care for a newborn, newly
   adopted or newly placed foster child.

   Serious Health Condition of Employee

   The OFLA’s definition of a "serious health condition,” “an illness, injury, impairment or
   physical or mental condition of an employee” is more restricted than the FMLA.

   Serious Health Condition of Family Member

   The OFLA is broader in its definition of "family member." It includes parents-in-law
   (while FMLA does not). Additionally, that leave (for parents-in-law) may not be charged
   against an employee's FMLA leave entitlement.

   Sick Child Leave

   OFLA requires employers to provide leave for employees with children with illnesses or
   injuries requiring home health care even if there is no serious health condition. (The
   FMLA does not require this). Further, this leave may not be charged against an
   employee's FMLA leave entitlement.

Length of Leave

Generally, the OFLA and the FMLA allow employees to take a maximum of twelve (12)
work weeks of leave in a twelve (12) month period. However, in some instances employers
subject to OFLA may be required to provide employees up to thirty-six (36) weeks of leave
per year. Examples of this are leave for pregnancy or care of a sick child.
Medical Certification

Both the FMLA and the OFLA allow employers to require medical certification of the
employee's or family member's serious health condition and second or third opinions as
needed. The OFLA also allows employers to request medical certification for "sick child"
(non-serious health condition) leave that exceeds three instances in any one year.

Use of Paid Leave

Generally, neither the FMLA nor the OFLA require an employer to provide paid leave unless
company policies already provide for paid vacation, sick or personal time off. Employers
may not prohibit employees from using their accrued paid vacation or personal leave during
FMLA or OFLA leaves. However, employers may require employees to use accrued paid
leave during family leave, and may determine the order in which paid leave is to be used if
more than one type is available. The use of paid sick leave is generally subject to company
policy except that if an employee takes parental leave he/she must be allowed to use earned
sick leave (even if company policy would not have allowed it).

Reinstatement

Generally, the FMLA requires an employee to be reinstated to either the same or an
equivalent position. Oregon law requires that an employee be returned to the same position
previously held if that position still exists, even if it has been temporarily filled in the
employee's absence. If that position has been eliminated, the employee must be reinstated to
an available equivalent position.    Contact the Oregon Bureau of Labor Industries or the
Technical Assistance Program for detailed information.

Bone Marrow Donor

Under Oregon law, employers may not deny the use of already accrued paid leaves of
absence to an employee who seeks to undergo a medical procedure to donate bone marrow.
The total length of the leave is determined by the employee, but may not exceed the amount
of already accrued paid leave or 40 work hours, whichever is less, unless the employer
agrees. The employer may require a physician's verification of the purpose and length of
leave, but may not retaliate against an employee for requesting or using accrued paid leave to
donate bone marrow.

Caution: Complying with the federal FMLA (and state law, if applicable) can be both
challenging and confusing. You will likely want to contact your attorney, the Federal
Department of Labor, or the Oregon Bureau of Labor and Industries for further information
and clarification.
Files and Access


  Employee Review of Files

  Oregon employers must, on reasonable request, allow an employee to inspect his or her
  personnel records during regular business hours at or near the site where the person was
  employed. Such records include those that are or have been used to determine the employee's
  qualification for employment, promotion, compensation or for termination or discipline.
  Records relating to arrests, convictions, criminal investigations, and confidential reports from
  past employers are excluded from inspection.

  Records Retention

  At the employee's request, certified copies of such records must be furnished. A reasonable
  fee for recovering costs of copying may be charged. On termination of employment, such
  records must be retained for at least 60 days. If a former employee requests them during
  these 60 days, copies must be provided. Requests for records made after the sixty (60) day
  period must be honored if the employer has retained the records. No copy of a record of
  discipline later reduced in severity or eliminated can be kept in an employee's files unless the
  employee consents to the same.

Hiring Procedures


  Credit and Investigative Checks

  No Oregon credit or investigative check requirements have been adopted that exceed those
  required by the federal Fair Credit Reporting Act and Consumer Credit Reform Act of 1996.
  Under federal law, employers may not obtain a consumer report, (which includes checks on
  an employee's or applicant's credit standing, and which is obtained through a consumer
  reporting agency), unless a clear and conspicuous written disclosure has been made to the
  applicant or employee before the report is performed and the employer obtains written
  authorization from the applicant or employee. The disclosure must be made in a separate
  written document (not as part of a job application or other form) and must consist solely of
  the disclosure. Credit checks must be used for employment purposes only and may not be
  used discriminatorily in violation of any applicable federal or state law or regulation.
  Employers must also make written disclosures of investigative reports where personal
  information such as the applicant's or employee's character, reputation, etc is obtained
  through interviews with neighbors, friends, and others.

  Before an adverse employment action (such as refusal to hire) is taken based in whole or in
  part on information reported in a consumer or investigative report, the employer must inform
  the applicant or employee, and provide a copy of the report and a summary of consumer
  rights under the law. A post adverse action notice is also required under federal law. You
  may want to consult your legal counsel for detailed information.
  Caution: While not always required by law, it is generally a good practice to get releases
  from applicants for any background checks undertaken. You may want to contact your
  attorney for release requirements and related details.

  New Hire and Rehire Reporting Requirements

  In an effort to improve child support enforcement efforts, the Federal Personal Responsibility
  and Work Opportunity Reconciliation Act of 1996 requires employers to report their new
  employees, rehires, or recalls to the state new hire registry. Some states impose additional
  reporting requirements beyond those imposed by federal law. Contact the Oregon Directory
  of New Hires for specifics regarding the information required and the timeframes that must
  be met.

  Generally, employers must report rehires and new hires to the Support Enforcement Division
  of the Department of Justice no later than 20 days after hiring. Reports can be submitted in
  writing by a W-4 or equivalent form; electronically, 2 transmissions each month not less than
  12 days or more than 16 days apart. The report must include the following information: the
  employer's name, address and federal tax identification number and the employee's name,
  address and social security number. Multi-state employers can designate one state for filing,
  provided they designate such a state with the United States Secretary for Health and Human
  Services.

  Oregon law prohibits making false statements to potential employees regarding wages, work
  to be performed or living and working conditions. It also prohibits prospective employees
  from accepting wage advancement without the intent to actually perform services as an
  employee.

  Mandatory Background Checks

  Many states require mandatory background checks of applicants in certain highly sensitive
  areas such as in teaching, childcare, healthcare and security positions. Such checks may
  include criminal history and fingerprint checks, various reporting requirements, and requiring
  job references. Contact your local state agency or attorney for further information.

Holidays


  No Oregon statute has been enacted requiring private employers to give employees paid
  holiday time off or to pay premium pay for time actually worked on holidays.

Jury, Witness, and Voting Leave


  Jury Duty

  Oregon employers are not required to provide paid jury leave. An Oregon employer cannot
  intimidate, coerce, threaten, discipline or discharge an employee because of service for jury
  duty. Employers may petition the court to excuse an employee from jury duty service upon a
  showing of undue hardship or extreme inconvenience. The state has no statutory provisions
  regarding leave.

  Voting Leave

  No Oregon law has been enacted requiring or regulating voting leave.

Labor-Management Relations
  Various labor relations laws allow and/or regulate the rights of employees to unionize,
  bargain collectively, file grievances, picket, strike, and wear union insignia and govern the
  resolution of labor disputes. Contact the Oregon Employment Relations Board for more
  information. Note also that federal law governs, and in fact pre-empts, many aspects of this
  area of law.

Layoff and Reduction in Force


  Oregon has a state statute that complements the federal WARN law. Oregon’s WARN statute
  designates the Job Training Partnership Act section in the Business Resources Division of the
  Economic and Community Development Department as the agency to whom employers are
  required to notify of a plant closing or mass layoff. The Department provides information to
  employers and compiles an annual report regarding layoffs.

  Employers must still comply with the federal WARN Act.

Medical Testing and Examinations


  Drug Testing

  There is no statute or regulation in Oregon prohibiting the testing of employees or applicants
  for drugs. Oregon law also provides that if an employee or prospective employee in Oregon
  is tested for substance abuse and the test is for non-medical or pre-employment purposes, the
  test results must, upon written request, be reported to the tested individual. Additional
  requirements are also imposed on motor carriers. An attorney should be consulted to provide
  specific legal requirements and to assist in drafting drug testing policies and procedures.

  Alcohol Testing

  If an employer has reasonable grounds to believe that an employee is intoxicated or the
  employee consents, Oregon law allows the employer to require the administration of a blood
  alcohol content test by a third party or a breathalyzer test as a condition for employment.
  Medical Examinations

  In order to prevent discrimination, Oregon law prohibits an employer from requiring an
  employee to submit to a medical examination or requiring disclosure of the nature, severity
  or existence of a disability. An employer may request an employee to submit to a voluntary
  medical examination or provide a medical history as a condition of participation in an
  employee health benefit program. An employer may make inquiries into the ability of an
  employee to perform job-related functions. The Oregon statute does not limit an employer’s
  right to make medical inquiries under federal law. An employer may not require an employee
  to pay for the cost of a medical examination, but may pay for such cost through health benefit
  monies contributed wholly by the employer.

  Genetic Testing

  An Oregon employer cannot discriminate based on genetic information or even obtain
  genetic information from an individual employee without his or her informed consent. Such
  information, once obtained, can only be used to determine a bona fide occupational
  qualification.

  HIV Testing

  No Oregon law specifically prohibits or permits employers to perform AIDS testing on
  employees. However, an HIV test generally cannot be done without prior informed consent
  by the employee. Oregon law also prohibits employers from requiring employees to bear the
  cost of any medical examination required by the employer, and this restriction would apply
  to AIDS tests too. Furthermore, Oregon law prohibits disclosure of the identity of anyone on
  which an HIV-regulated test has been performed, except when permitted by statute or
  regulation or authorized by the tested individual.

  Caution: In addition to state law, employers should also ensure that any testing undertaken
  conforms with federal law (e.g., the ADA and FMLA). Contact your attorney if you propose
  to undertake such testing.

Military Leave


  Any Oregon employer with at least one employee must grant an employee an unpaid leave of
  absence to perform active service for the state's organized militia. At the end of the leave of
  absence, the employee must be restored to the same or an equivalent position without loss of
  seniority, vacation credits, sick leave credits, service credits or other rights or benefits.
  Violations of this law may subject an employer to a damages lawsuit.

  Caution: Military leave legislation is complicated and technical. In addition to any
  applicable state law requirements, employers should ensure that they are in compliance with
  federal laws.
Noncompetition Agreements
   Oregon statutory law will allow enforcement of a noncompete agreement if the agreement is
   entered into on initial employment or advancement of employment. An employer's
   protectable interests include trade secrets, special information or relationships and customer
   contacts. Noncompetes must also be restricted as to time or place, based on good
   consideration and be reasonable.

Overtime


   Generally, under both federal and state law, employers are required to pay overtime (one and
   one-half (1 1/2) times an employee's regular pay rate) for any hours worked over forty (40)
   hours in a single workweek. However, some Oregon employers must pay overtime on a
   daily basis after an employee works ten (10) hours in one day (including canneries, driers,
   and packing plants that are not found on farms). Maximum hour limitations also exist in
   some industries. (For example employees in mills, factories, and manufacturing
   establishments may not work longer than ten (10) hours in any 24-hour period.

Political Activities


   Oregon employers with 10 or more employees cannot discriminate against, discipline or
   discharge an employee who is a member of or candidate for the legislative assembly.
   Employees who are members of the assembly must be given a leave of absence to perform
   their duties and those who have their employment interrupted by service in the assembly
   must be restored to like employment. The employee must give notice 30 days before or as
   soon as reasonably practicable of the need for a leave. This law does not apply if the
   employee is temporary or has been employed for less than 90 days or fails to apply for
   reinstatement within 15 days after a regular legislative session or five days after completion
   of another legislative assignment.

Polygraph/Lie Detector Tests
   No Oregon employer can require any employee or prospective employee to take or submit to
   a polygraph (or other lie detector test, including brain wave or psychological stress tests). A
   polygraph test may be administered to an employee if the employee consents to the
   examination, during the course of criminal or civil judicial proceedings in which the
   employee is a party or witness or during the course of a criminal investigation conducted by a
   law enforcement agency.

   Caution: Polygraph legislation is complex. In addition to any applicable state law
   requirements, employers should ensure they are in compliance with federal law.
Reference Requests


  Protection for Employers

  Oregon law provides that an employer who discloses information about a former employee's
  job performance to a prospective employer of that former employee, at the request of either
  the former employee or the prospective employer, is presumed to be acting in good faith.
  This presumption may be rebutted by a showing that the information disclosed by the
  employer was knowingly false or deliberately misleading, was rendered with malicious
  purpose or violated any protected civil rights of the former employee. Additionally, an
  employee is prohibited from suing his former employer for defamation by claiming that he
  will be forced (when seeking subsequent employment) to disclose the employer’s reasons for
  dismissing the employee.

Sick Leave


  No Oregon statute requires employers to provide paid sick leave or to pay for accrued paid
  sick leave at termination.

  Caution: If sick leave is provided, employers should ensure that it is provided on a non-
  discriminatory basis and in accordance with established policy and practice.

Smoking


  Designated Areas

  Smoking is prohibited in enclosed indoor public areas, including such areas in the workplace.
  Special provisions regulate smoking in hospitals and restaurants.

  Employers may designate smoking areas within the indoor public areas of the workplace.
  Where smoking areas are allowed, a nonsmoking area must also be designated unless the
  area is a bar, tavern, tobacco store, or another exception. An office exclusively occupied by
  smokers may also designate the entire workplace as a smoking area.

  Use of Lawful Products Off the Premises

  Oregon law makes it unlawful to discriminate against any applicant or employee because
  they lawfully use tobacco when not working, unless nonuse is a bona fide occupational
  qualification or a requirement imposed by a collective bargaining agreement.

  Private employers may restrict smoking in the workplace.
Termination Procedures
)
    Paychecks

       Employee Quits Without Notice

       Final paychecks are due within five (5) days excluding Saturdays, Sundays, and holidays.
       If a regular payday occurs within the five day period then the employee must be paid at
       that time.

       Employee Quits With Notice

       If an employee provides at least forty-eight (48) hours notice (excluding Saturdays,
       Sundays, and holidays) the final check is due on the last day worked. If the last day
       worked falls on a Saturday, Sunday, or holiday then the check is due the end of the next
       business day.

       Employee Terminated or Termination is Mutually Agreed Upon

       Final checks must be paid no later than the end of the business day after the termination.

    Credit for Leave if Company Bought and Employee Retained

    If employment is terminated because of the sale of a business and the purchaser retains an
    employee of the company the above wage payment rules may not apply to wages for earned
    but unused accrued leave. Earned but unused accrued vacation, sick or other leave benefits
    normally payable at termination because of an employer policy, collective bargaining or
    other employment agreement may be credited to the employee if: on the first day of
    continued employment the purchaser of the business credits the individual with all such
    earned but unused accrued leave and the leave, when used, is paid at the same or greater rate
    than the rate at which the leave was earned, or if paid at a lesser rate, the number of hours
    credited is increased to compensate the individual for any difference.

    Death of an Employee

    All wages earned by an employee not exceeding $10,000, must, upon the employee’s death,
    be paid to the employee’s surviving spouse, or if there is no surviving spouse to the
    dependent children, their guardians or conservators of their estates, in equal shares.

Unemployment Compensation
    Extensive laws cover this area in Oregon. Contact the Oregon Bureau of Labor and Industries
    for further information
Vacations


  No Oregon statute requires employers to provide paid vacation or to pay for accrued vacation
  at termination. However, the state may so require by case law or regulatory interpretation.

  Caution: If paid vacation leave is provided, employers should ensure that it is provided on a
  non-discriminatory basis and in accordance with established policy and practice.

Volunteer Firefighting
  Oregon employers must give unpaid leave to employees who are volunteer firefighters until
  release from their firefighter service allows them to resume their employment duties. After
  the leave, the employee must be restored to his or her position or an equivalent one without
  loss of seniority, benefits, service credits or other rights or benefits. A violation of the law
  may subject an employer to a lawsuit for damages.

Wages and Hours


  Paydays

  Oregon law requires employers to establish regular paydays. Therefore, delaying or
  withholding pay as a disciplinary action is prohibited. New employees must be paid no later
  than 35 days from the time they began work. Pay periods for all employees may not exceed
  thirty-five (35) days.

  Minimum Wage

  Effective January 1, 2003 the Oregon minimum wage is $6.90 per hour. The minimum wage
  is adjusted annually based on inflation.

  Withholding or Docking Pay

  Oregon employers may not make deductions from wages unless one or more of the following
  applies:

     1.      The employer is required to do so by law (e.g. federal and state taxes, social security
             or a garnishment order).

     2.      The employee has voluntarily signed an authorization for the deduction, the
             deduction is for the employee's benefit, and is recorded in the employee's records
             (e.g. goods or services purchased from the employer for the employee's benefit,
             group health insurance premiums, etc.).
   3.      The deduction is made in accordance with a collective bargaining agreement to
           which both the employer and the employee are parties (e.g. union dues).

   4.      The employee has voluntarily signed an authorization, and the employer is not the
           ultimate recipient of the money, and the deduction is recorded in the employer's
           records (e.g. contributions to charitable organizations, credit union loan payments,
           etc.).

   5.      Deductions from the final paycheck for the repayment of loans made to the
           employee by the employer may be taken only if all of the following conditions are
           met:

           (a)    The employee has voluntarily signed a written agreement;
           (b)    The employee received the loan funds in cash or by check;
           (c)    The loan was for the employee's sole benefit and was not used in connection
                  with the employee's job;
           (d)    The amount to be deducted does not exceed the amount that may be
                  garnished under Oregon law; and
           (e)    The deduction is recorded in the employer's records.
Garnishment

In Oregon, the maximum amount of an employee's pay that can be garnished is the lesser of
25% of that week's earnings or the amount by which that week's disposable earnings exceed
$170. An employer cannot discharge an employee because the employee has had his or her
earnings garnished.

Direct Deposit

Direct deposit of employee wages is permitted with the voluntary authorization of both the
employer and employee. Employers may not deduct a deposit charge.

Records

Oregon employers are required to maintain, for at least two years, records of each employee's
name, address, occupation, actual hours worked each week and each pay period, and
deductions made.

Caution: Significant federal recordkeeping requirements must also be met. Please review
both state and federal law to ensure you are in compliance.

Living Wage

A number of local governments (e.g. cities, towns, counties, school districts, etc.) have
enacted laws known as “Living Wage” ordinances. These laws, although not always
imposing the same types of requirements, typically mandate that any entity contracting or
doing business with the local government or getting a tax abatement from the local
government must pay its employees a set wage. The ordinances are typically called Living
  Wage ordinances because the set wage rate is typically much higher than the applicable
  minimum wage, thus better allowing the employees to live on the wage.

  An Oregon statute prohibits local governments from enacting living wage ordinances.
  However, Ashland requires city contractors and businesses receiving aid to provide a living
  wage of not less than $9.75 per hour with benefits or $10.75 without. Corvallis requires city
  contractors to provide a living wage of not less than $9.00 per hour. Multnomah County
  requires county contractors to provide a living wage of not less than $9.00 per hour. Portland
  requires city contractors to provide a living wage of not less than $8.00 per hour with
  benefits or $9.00 without.

  For more information about this rapidly developing area of law, including recent
  developments, see www.livingwage.com.

Whistleblower Protection
  An Oregon employer cannot discharge or discipline an employee for:

     asserting his or her rights under the worker's compensation law

     reporting, in good faith, criminal activity or cooperating with a criminal investigation

     in good faith, bringing or testifying in a civil proceeding

     giving legislative testimony; or

     giving testimony in an unemployment compensation proceeding
  Employers who violate this law are subject to damage claims and penalties.

Worker's Compensation
  Extensive laws cover this area in Oregon. Contact the Oregon Workers' Compensation Board
  for further information.




Pre-Employment Inquiry Guide
  To access this guide, go to: http://www.boli.state.or.us/technical/tapreemp.html

Required Posters
  Listed below are the current listings for government agencies from which required posters
  can be obtained. Posters frequently can be obtained free of charge. Poster requirements may
  change from time to time, and employers should check to assure up to date compliance.
Required Federal Posters

       Fair Labor Standards Act (FLSA) Minimum Wage
       Family Medical Leave Act (FMLA)
       Job Safety and Health Protection – Occupational Safety and Health
       Equal Employment Opportunity Act
       Migrant and Seasonal Agricultural Worker Protection Act (MSPA)
       Notice to Work with Disabilities (FLSA, SCA, and Walsh-Healey Act)
       Employee Polygraph Protection Act (EPPA)
These posters can be accessed at the                  Department     of    Labor    website:
http://www.dol.gov/osbp/sbrefa/poster/main.htm

Required Oregon Posters and Contacts

For information regarding Family Leave worksheets, medical certification, Oregon Sex
Discrimination Rules and Handicap Employment Rules contact the Bureau of Labor and
Industries at www.boli.state.or.us.
A   summary        of    all    required    Oregon    posters     may     be    found     at
www.boli.state.or.us/civil/postings.html.

   Minimum Wage or Agricultural              Technical Assistance for Employers
    Employees Minimum Wage                    Bureau of Labor & Industries
   Family Leave (required for employers      800 NE Oregon St., #32
                                              Portland, OR 97232
    of 25 or more employees)                  www.boli.state.or.us/civil/postings.html



   Job Safety & Health                       Department of Consumer & Business Services
                                              Oregon OSHA Resource Center
                                              350 Winter St., N.E., Room 430
                                              Salem, OR 97310
                                              503-378-3272

                                              www.cbs.state.or.us/external/asha/standards/pu
                                              b.htm
   Workers’ Compensation Notice of    Department of Consumer and Business
    Coverage                           Services
                                       350 Winter Street N.E., Room 21
                                       Salem, OR 97310
                                       503-947-7815

                                       (employers will receive after purchasing
                                       workers’ compensation insurance)
   Unemployment Insurance Notice of   Employment Department
    Coverage                           Unemployment Insurance Tax Unit
                                       875 Union Street N.E.
                                       Salem, OR 97311
                                       503-947-1488
                                       (employers will receive after registering for
                                       unemployment insurance)

				
DOCUMENT INFO