ON THE JOB: A weekly column by the Oregon Bureau of Labor and Industries
Question: What does 2008 hold in store for Oregon employers?
Answer: While we do not predict any earth-shattering world events, we do predict changes in 2008 that might very well shake your world.
The 2007 Legislature passed numerous BOLI-related bills this session, most of which will take effect Jan. 1. Many of these bills affect employer obligations under wage and hour or civil rights law.
Let us chart your future for you:
• HB 2254 requires personnel records to be presented for inspection or provided to the employee (certified copy) within 45 days of request.
• HB 2255 makes wage-and-hour-related discrimination or retaliation an unlawful employment practice under ORS 659A.
• HB 2256A allows payment of wages, upon agreement of employer and employee, through direct deposit, automated teller machine card, payroll card or other means of electronic transfer.
• HB 2258A requires wage underpayments of 5 percent or more of employee's wages to be corrected within three days.
• HB 2259 (already in effect) extends the time frame for filing OSHA retaliation complaints from 30 to 90 days.
• HB 2260 clarifies state law concerning employment discrimination allowing for actual compensatory damages. Punitive and compensatory damages may now be recoverable for discrimination.
• HB 2372 allows use of a 30-minute rest period for expression of breast milk in the workplace for every four hours worked.
• SB 248C makes arbitration and noncompetition agreements unenforceable under certain circumstances.
• SB 403 requires BOLI to adopt rules regarding meal periods for tipped food and beverage service employees and provides civil penalties for violations. Allows for tipped food and beverage service employee to waive a meal period as long as it is without coercion by employer.
• SB 2 prohibits discrimination, in specified areas of law (employment, housing, public accommodations, public education, adult foster homes and foster parenting) against persons based on sexual orientation. Defines "sexual orientation."
• SB 946 (already in effect) requires certain employers to allow eligible employees to take unpaid leave to obtain services or treatment relating to domestic violence, sexual assault or stalking. Allows employer to limit amount of leave if leave creates undue hardship to employer's business.
• HB 2485 expands purposes for which employee taking family leave may use paid sick leave. Allows use of any paid accrued sick leave for any period of Oregon family leave.
• HB 2635 allows eligible employee to take family leave from work to care for grandparent or grandchild. Includes grandparent or grandchild as "family members" for purposes of Oregon family leave. Provides that covered employer commits unlawful practice if employer denies family leave to which eligible employee is entitled or retaliates or discriminates against individual because of inquiry about or lawful exercise of family leave provisions.
• HB 2460 redefines "family leave" to exclude leave taken by employee who is unable to work because of disabling compensable injury under Workers Compensation Law.
• HB 2674 requires employer to pay over, in accordance with law or agreement requiring or authorizing deductions from wages, amounts deducted from employee's wages. Makes failure to pay as required unlawful deduction. Allows commissioner of Bureau of Labor and Industries to assess civil penalty for unlawful deduction.
For more information on issues affecting Oregon employers, see www.oregon.gov/boli/ta
or call 971-673-0824.
Posted in Business on Monday, August 13, 2007 12:00 am Updated: 8:49 pm.
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