Tag Archives: Oregon

Is The Minimum Required Salary For Exempt Employees Increasing In Your State In 2019?

While the FLSA minimum salary requirements for “white collar” employees (executive, administrative, or professional employees) is not changing in 2019 (at least not until/unless the Department of Labor announces a new Overtime Rule), there are several states where the minimum salary requirements for exempt employees is increasing in 2019 (December 31, 2018 for New York employers).

These increases (i.e. in Alaska, California, Colorado, Maine, New York, and Oregon) are occurring because the minimum exempt salary rates for these employees (as established under state law) are scheduled to increase in 2018 (December 31st for New York employers).

Under the Fair Labor Standards Act (FLSA), the minimum salary requirements for white collar employees is as follows:

Payment Schedule Minimum Salary
Weekly $455
Bi-Weekly $910
Semi-Monthly $985.83
Monthly $1,971.66
Annual $23,660

The below table sets forth the changes to the minimum salary requirements for exempt employees in these states.  In those instances where the state minimum salary requirements are lower than the above-listed FLSA requirements, the higher salary threshold applies for employers who are subject to FLSA in order for employees to qualify for an exemption under the FLSA.

Alaska
Applicable Law: An individual employed in a bona fide executive, administrative, or professional capacity shall be compensated on a salary or fee basis at a rate of not less than two times the state minimum wage for the first 40 hours of employment each week, exclusive of board or lodging that is furnished by the individual’s employer. Alaska Stat. § 23.10.055(b).

 Since Alaska’s minimum wage is increasing to $9.89 per hour starting January 1, 2019, the minimum salary for exempt employees is increasing as follows:

Payment Schedule 2018 Minimum Salary 2019 Minimum Salary
Weekly $787.20 $791.20
Bi-Weekly $1,574.40 $1,582.40
Semi-Monthly $1,705.60 $1,714.27
Monthly $3,411.20 $3,428.53
Annual $40,768 $41,142.40
California
Applicable Law: Overtime-exempt executive, administrative and professional employees must earn a monthly salary equivalent to at least two times the state minimum wage for full-time employment. IWC Wage Orders.

 Since California’s minimum wage is increasing to $11.00 per hour (for employers with 25 or less employees) and $12.00 per hour (for employers with 26 or more employees) starting January 1, 2019, the minimum salary for exempt employees is increasing as follows:

Small Employers (25 or less employees)
Payment Schedule 2018 Minimum Salary 2019 Minimum Salary
Weekly $840 $880
Bi-Weekly $1,680 $1,760
Semi-Monthly $1,820 $1,906.67
Monthly $3,640 $3, 813.34
Annual $43,680 $45,760
Large Employers (26 or more employees)
Payment Schedule 2018 Minimum Salary 2019 Minimum Salary
Weekly $880 $960
Bi-Weekly $1,760 $1,920
Semi-Monthly $1,906.67 $2,080
Monthly $3,813.34 $4,160
Annual $45,760 $49,920
Colorado**
Applicable Law: Exempt executive/supervisory employees must be a salaried employee earning in excess of the equivalent of the minimum wage for all hours the employee worked in a workweek. Colorado Minimum Wage Order.

Note: The administrative and professional exemptions only require that an employee be a “salaried individual” and does not provide a minimum salary requirement.

 Since Colorado’s minimum wage is increasing to $11.10 per hour starting January 1, 2019, the minimum salary for exempt executive/supervisory employees is increasing as follows:

Payment Schedule 2018 Minimum Salary* 2019 Minimum Salary*
Weekly $408 $444
Bi-Weekly $816 $888
Semi-Monthly $884 $962
Monthly $1,768 $1,924
Annual $21,216 $23,088
* These numbers are based on the employee working 40 hours per week.  If the employee works more than 40 hours per week, the required pay will be greater.
** In order for an executive employee to meet the minimum salary requirement under the FLSA, the employee will need to be paid the FLSA minimum salary.  However, once that employee works over 41 hours in a week, the state minimum wage salary requirement will apply.
Maine
Applicable Law: The minimum salary requirement to qualify for an executive, professional or administrative exemption is 3,000 times the Maine minimum hourly wage or the minimum salary required by the federal Fair Labor Standards Act, whichever is higher. 26 M.R.S 663(3)(K).

 Currently, the state threshold is higher than the FLSA threshold; therefore, the state threshold applies.

Since Maine’s minimum wage is increasing to $11.00 per hour starting January 1, 2019, the minimum salary for exempt employees is increasing as follows:

Payment Schedule 2018 Minimum Salary 2019 Minimum Salary
Weekly $576.92 $634.61
Bi-Weekly $1,153.84 $1, 269.23
Semi-Monthly $1,250 $1,375
Monthly $2,500 $2,750
Annual $30,000 $33,000
New York – INCREASES 12/31/2018
Applicable Law: Exempt executive and administrative employees must be paid at least the minimum salary set forth in the applicable New York Wage Orders.

 Note: There is no salary basis test for professional employees under New York law.

Under the amendments to the New York Wage Orders, the minimum salary for exempt executive and administrative employees is increasing on December 31, 2018 as follows:

New York City (11 or More Employees)
Payment Schedule Current Minimum Salary Minimum Salary On 12/31/18
Weekly $975 $1,125
Bi-Weekly $1,950 $2,250
Semi-Monthly $2,112.50 $2,437.50
Monthly $4,225 $4,875
Annual $50,700 $58,500
New York City (10 or Fewer Employees)
Payment Schedule Current Minimum Salary Minimum Salary On 12/31/18
Weekly $900 $1,012.50
Bi-Weekly $1,800 $2,025
Semi-Monthly $1,950 $2,193.75
Monthly $3,900 $4,387.50
Annual $46,800 $52,650
Nassau, Suffolk & Westchester Counties
Payment Schedule Current Minimum Salary Minimum Salary On 12/31/18
Weekly $825 $900
Bi-Weekly $1,650 $1,800
Semi-Monthly $1,787.50 $1,950
Monthly $3,575 $3,900
Annual $42,900 $46,800
Remainder of State
Payment Schedule Current Minimum Salary Minimum Salary On 12/31/18
Weekly $780 $832
Bi-Weekly $1,560 $1,664
Semi-Monthly $1,690 $1,802.67
Monthly $3,380 $3,605.34
Annual $40,560 $43,264
Oregon*  – INCREASES 7/1/2019
Applicable Law: The minimum salary requirement to qualify for an executive, professional or administrative exemption is the applicable minimum wage multiplied by 2,080 hours per year and then divided by 12 months. Or. Rev. Stat. § 653.010(9).

 Since Oregon’s minimum wage is increasing to $11.00 per hour (for employers in “nonurban counties”), $12.50 per hour (for employers in the Portland metropolitan area), and $11.25 per hour (for the remainder of the state) starting July 1, 2019, the minimum salary for exempt employees will be increasing as follows:

Nonurban Counties (Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, and Wheeler counties)
Payment Schedule Current Minimum Salary Minimum Salary On 7/1/19
Weekly $420 $440
Bi-Weekly $840 $880
Semi-Monthly $910 $953.34
Monthly $1,820 $1,906.67
Annual $21,840 $22,880
Portland Metropolitan Area
Payment Schedule Current Minimum Salary Minimum Salary On 7/1/19
Weekly $450 $500
Bi-Weekly $900 $1,000
Semi-Monthly $975 $1, 083.34
Monthly $1,950 $2, 166.67
Annual $23,400 $26,000
Remainder of the State
Payment Schedule Current Minimum Salary Minimum Salary On 7/1/19
Weekly $430 $450
Bi-Weekly $860 $900
Semi-Monthly $931.67 $975
Monthly $1,863.33 $1,950
Annual $22,360 $23,400
NOTE:  Currently, only employers in the Portland metropolitan area must pay the state salary in order for to qualify for an executive, professional or administrative exemption.  All other employers in Oregon must pay the FLSA minimum salary in order for to qualify for an executive, professional or administrative exemption.

While not increasing, the minimum salary requirements to qualify for an executive, professional or administrative exemption is higher than the FLSA threshold in the following states:

Connecticut
Applicable Law: The minimum salary requirement to qualify for an executive, professional or administrative exemption is $475 per week. Regs., Conn. State Agencies § 31-60-14.
Payment Schedule Current Minimum Salary
Weekly $475
Bi-Weekly $950
Semi-Monthly $1,029.17
Monthly $2,058.33
Annual $24,700
Iowa
Applicable Law: The minimum salary requirement to qualify as a “high-salaried” executive, professional or administrative employee (and qualify for an exemption from overtime if the duties test is also met) is $500 per week. 875 Iowa Admin. Code 218.1-218.3.
Payment Schedule Current Minimum Salary
Weekly $500
Bi-Weekly $1,000
Semi-Monthly $1,083.34
Monthly $2,166.67
Annual $26,000

Recommendation for Employers

It is recommended that employers in these states verify that their exempt employees are receiving at least the minimum salary requirement to qualify for the exemption.

Also, please remember that meeting the salary requirement is just one element needed to qualify for an exemption from overtime.  The employee in question must also meet the duties test and the salary basis test.

NEW RULES: Oregon BOLI Publishes Rules Regarding New Predictable Scheduling Law

Oregon’s Predictive Scheduling Law goes into effect on July 1, 2018.  This law applies to retail, hospitality, and food service employers with 500 or more employees worldwide, and governs the working schedules of non-exempt employees.

Starting July 1, 2018, these employers will be required to:

·         Provide employees a good faith estimate of their work schedule upon hire,

·         Post work schedules at least seven calendar days in advance (NOTE: Starting July 1, 2020, schedules must be posted 14 calendar days in advance),

·         Compensate employees for any changes to their schedules after that time period (subject to certain exceptions), and

·         Provide certain rights to rest between shifts. Continue reading NEW RULES: Oregon BOLI Publishes Rules Regarding New Predictable Scheduling Law

Is The Minimum Pay Required For Commissioned Employees To Qualify For An Overtime Exemption Increasing In Your State In 2018?

While the minimum pay required for commissioned employees to qualify for an overtime exemption is not changing in 2018, there are several states where the minimum pay requirements for a “commissioned employee overtime exemption” are increasing.

These increases (i.e. in California, Colorado, Minnesota, Oregon, Washington, and Washington DC) are occurring because the pay an inside or commissioned salesperson must receive to qualify for the inside or “commissioned” sales exemption (as established under state law) are scheduled to increase in 2018 (December 31st for New York employers).

Under the Fair Labor Standards Act (FLSA), in order for a commissioned salesperson to qualify for the FLSA’s 7(i) overtime exception (Commissioned Salesperson Exemption), the following three conditions must be met:

  1. The employee must be employed by a retail or service establishment, and
  2. The employee’s regular rate of pay must exceed one and one-half times the applicable minimum wage for every hour worked in a workweek in which overtime hours are worked, and
  3. More than half the employee’s total earnings in a representative period must consist of commissions.

Unless all three conditions are met, the Commissioned Salesperson Exemption is not applicable, and overtime premium pay must be paid for all hours worked over 40 in a workweek at time and one-half the regular rate of pay.

The below table sets forth the changes to the minimum salary requirements for exempt employees in these states.  In those instances where the state minimum salary requirements are lower than the above-listed FLSA requirements, the higher salary threshold applies for employers who are subject to FLSA in order for employees to qualify for an exemption under the FLSA. Continue reading Is The Minimum Pay Required For Commissioned Employees To Qualify For An Overtime Exemption Increasing In Your State In 2018?

Check to See if the Minimum Required Salary For Exempt Employees is Increasing In Your State

While the minimum salary requirements for “white collar” employees (executive, administrative, or professional employees) is not changing in 2018 (at least not until/unless the Department of Labor announces a new Overtime Rule), there are several states where the minimum salary requirements for exempt employees is increasing in 2018 (December 31st for New York employers).

These increases (i.e. in Alaska, California, Colorado, Maine, New York, and Oregon) are occurring because the minimum exempt salary rates for these employees (as established under state law) are scheduled to increase in 2018 (December 31st for New York employers).

Under the Fair Labor Standards Act (FLSA), the minimum salary requirements for white collar employees is as follows:

Payment Schedule Minimum Salary
Weekly $455
Bi-Weekly $910
Semi-Monthly $985.83
Monthly $1,971.66
Annual $23,660

Continue reading Check to See if the Minimum Required Salary For Exempt Employees is Increasing In Your State

NEW LAW: Oregon Amends Manufacturing Overtime Rules

Oregon Governor Kate Brown recently signed House Bill 3458 into law.  This new law is intended to fix ambiguities in Oregon’s daily overtime law, which covers non-union employees working in mills, factories, and manufacturing establishments.

The daily overtime law requires Oregon employers with operations in mills, factories, and manufacturing establishments pay employees daily overtime after 10 hours of work.  These employees are also entitled to overtime compensation after 40 hours of work in the workweek.  The existing law did not, however, clearly address how overtime was to be paid if an employee earned both daily and weekly overtime compensation.

The new law clarifies that employees who are entitled to receive both daily and weekly overtime must be paid only the greater of the two, rather than both.  This “clarifying language” is effective immediately.

The new law also revises limits on weekly work hours for those employed in mills, factories, or other manufacturing establishments. Under the existing law, daily work hours in mills, factories, and manufacturing establishments are capped at 13 hours. Under the new law, absent an undue hardship, employers may not require employees to work more than 55 hours a week.  However, employees can agree in writing to work up to 60 hours a week.  Employers are also prohibited from disciplining employees who do not agree to work in excess of 55 hours a week.

The new weekly hours cap portion of the law goes into effect on January 1, 2018.

NEW LAW – Oregon Passes Employee Scheduling Law

Oregon has boldly gone where no state has gone before … and enacted scheduling legislation!

On August 8, 2017, Oregon Governor Kate Brown signed Senate Bill 828 into law. This new law employer scheduling practices in the food service, hospitality, and retail industries and goes into effect on July 1, 2018.

Under the new law, employers in the food service, hospitality, and retail industries who

  • operate in Oregon and
  • have at least 500 employees worldwide
    • NOTE: For the purposes of employee count, individual entities that comprise an Integrated Enterprise are considered a single employer.  In other words, a locally owned franchise (like McDonalds) will need to follow these rules although the franchise may only employ 30 employees.

will be required to provide their employees with a “written good faith estimate of the employee’s work schedule” at the time of hire. The estimate must be in the language the employer ordinarily uses to communicate with its employees and must include the following information:

  • The median number of hours the employee can expect to work in an average one-month period;
  • An explanation of the “voluntary standby list” (if the employer chooses to have one)
  • Indicate whether an employee who is not on the voluntary standby list can expect to work on-call shifts. If so, the estimate must set forth an objective standard for when an employee not listed on the voluntary standby list may be expected to be available to work on-call

The estimate may be based on a prior year schedule if it is a good faith estimate of seasonal or episodic work.

What is the “voluntary standby list”?

Under the law, employers may choose to implement a “voluntary standby list.” This is a list of employees who the employer will request to work additional hours to address unanticipated customer needs or unexpected employee absences. Before creating this list, the employer must notify each employee in writing:

  • That inclusion on list is voluntary;
  • How an employee may request to be removed from the list;
  • How the employer will notify a standby list employee of additional hours available
  • How an employee may accept the additional hours;
  • That the employee is not required to accept the additional hours offered; and
  • That an employee on the standby list is not eligible for additional compensation (provided under this law) for the changes to the employee’s written work schedule resulting from the employee’s acceptance of additional hours offered to the employee as a result of being on the standby list.

Employees must “volunteer” (i.e. request in writing) to be included on the list following receipt of this notice. Employees can also request to be removed from the list at any time. Employers cannot retaliate against an employee not participating in the voluntary standby list.

When extra shifts become available, an employer may notify employees on the standby list through an in-person conversation, telephone call, email, text message, or other means of electronic or written communication of the opportunity. Employees on the list may decline the extra shift and an employer cannot retaliate against an employee for declining an extra shift.

Advance Notice of Scheduling

In addition to the initial estimate, employers are also required to give employees a written work schedule at least 7 calendar days prior to the first day on the schedule. NOTE: The advanced notice period changes to 14 calendar days advanced notice on July 1, 2020.

This schedule must contain all of the shifts an employee is required to work during the work period – including on-call shifts – and must also be posted in a conspicuous place in the workplace in English and in the language the employer typically uses to communicate with its employees.

If the employer makes changes to the to the written work schedule after the advance notice period (i.e. 7 calendar days prior to the first day of the work period), the employer must provide the employee with timely notice of the change by:

  • in-person conversation,
  • telephone call,
  • electronic mail,
  • text message or
  • other accessible electronic or written format.

The employee may decline any work shifts not included in the employee’s written work schedule. Employees may also submit written requests to be added to the written work schedule. These requests are not subject to the advance notice requirements.

If an employer makes changes to the written schedule after the advanced notice period, the employer will be required to pay additional compensation to the affected employees as follows:

  • One hour of pay at the employee’s regular rate of pay, in addition to wages earned, when the employer:
    • Adds more than 30 minutes of work to the employee’s work shift;
    • Changes the date or start or end time of the employee’s work shift with no loss of hours; or
    • Schedules the employee for an additional work shift or on-call shift.
  • One-half times the employee’s regular rate of pay per hour for each scheduled hour that the employee does not work when the employer:
    • Subtracts hours from the employee’s work shift before or after the employee reports for duty;
    • Changes the date or start or end time of the employee’s work shift, resulting in a loss of work shift hours;
    • Cancels the employee’s work shift; or
    • Does not ask the employee to perform work when the employee is scheduled for an on-call shift.

The above penalties do not apply where:

  • An employer changes the start or end time of an employee’s work shift by 30 minutes or less;
  • An employee mutually agrees with another employee to employee-initiated work shift swaps or coverage. (Employers may require that work shift swaps or coverage be preapproved by the employer);
  • An employee requests changes to the employee’s written work schedule, including adding or subtracting hours, and the employee documents the request in writing;
  • An employer makes changes to an employee’s written work schedule at the employee’s request;
  • An employer subtracts hours from an employee’s work schedule for disciplinary reasons for just cause, provided the employer documents the incident leading to the employee’s discipline in writing;
  • An employee’s work shift or on-call shift cannot begin or continue due to threats to employees or property or due to the recommendation of a public official;
  • Operations cannot begin or continue because public utilities fail to supply electricity, water or gas or there is a failure in the public utilities or sewer system;
  • Operations cannot begin or continue due to a natural disaster or a similar cause not within the employer’s control, including when the natural disaster or similar cause physically affects the work site;
  • Operations hours change or are substantially altered because a ticketed event is cancelled, rescheduled or changes in duration due to circumstances that are outside the employer’s control and that occur after the employer provides the written work schedule;
  • An employer requests that an employee on a voluntary standby list work additional
  • hours and the employee consents to work the additional hours.

Required Periods of Rest

The new law also mandates periods of rest between shifts as follows:

  • The first 10 hours following the end of the previous calendar day’s work shift or on-call shift; or
  • The first 10 hours following the end of a work shift or on-call shift that spanned two calendar days.

If an employee is required to work through the rest period, the employee must be paid at 1.5 times the employee’s regular rate of pay for each hour or portion of an hour that the employee works during a rest period. However, the penalties do not apply if an employee requests or voluntarily agrees to work during the period od rest.

Notice

The Oregon Bureau of Labor and Industries will be publishing a poster regarding the new law that employers will be required to post in a prominent location in the workplace.

Take Home For Employers

It is recommended that all affected Oregon employers review the scheduling rules under the new law.

NEW LAW – Oregon’s New Equal Pay Act

Oregon’s Equal Pay Act (House Bill 2005) was recently signed into law. This new law amends the existing Oregon Equal Pay Act is intended to better address equal pay discrepancies among women, minorities, and other protected class employees.

Under the new law, it is unlawful for an employer to:

  1. Discriminate between employees on the basis of a protected class in the payment of wages or other compensation for work of comparable character;
  2. Pay wages or other compensation to any employee at a rate greater than that at which the employer pays to employees of a protected class for work of a comparable character;
  3. Screen job applicants based on current or past compensations; or
  4. Determine compensation for a position based on current or past compensation of a prospective employee.

In addition, the new law also prohibits employers from asking applicants or current employees about their salary history until after the employer makes an offer of employment to the prospective employee that includes an amount of compensation.

Key Terms

The Equal Pay Act defines the following key terms:

  • “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age.
  • “Wages” means all compensation for performance of service by an employee for an employer, whether paid by the employer or another person, or paid in cash or any medium other than cash.
  • “Working conditions” includes work environment, hours, time of day, physical surroundings and potential hazards encountered by an employee.
  • “Work of comparable character” means work that requires substantially similar knowledge, skill, effort, responsibility and working conditions in the performance of work, regardless of job description or job title.

Pay Differentials Permissible Under Certain Circumstances

The new law does allow employers to pay employees for work of comparable character at different compensation levels if all of the difference in compensation levels is based on a bona fide factor that is related to the position in question and is based on:

  • A seniority system;
  • A merit system;
  • A system that measures earnings by quantity or quality of production, including piece-rate work;
  • Workplace locations;
  • Travel, if travel is necessary and regular for the employee;
  • Education;
  • Training;
  • Experience; or
  • Any combination of the factors described in this subsection, if the combination of factors accounts for the entire compensation differential.

Notice Requirements

Employers will be required to post a notice of the Equal Pay Act’s requirements. The Bureau of Labor and Industries will be making a template available to employers which meets the statutory requirements.

Timeline for Implementation

While the new law goes into effect on September 1, 2017, only portions of the law go into effect at that time. Specifically, starting in September 2017, the employers will no longer be allowed to seek salary history from applicants or current employees.

On January 1, 2019, most of the Equal Pay Act’s provisions expanding protections go into effect. This includes requiring posted notice and making it unlawful to pay different wages, screen job applicants, or determine compensation based on an applicant’s current or past compensation.

On January 1, 2024, employees will have a right of action against employers that seek an applicant’s or current employee’s salary history.

 

NEW LAW – Oregon Prohibits Past Salary History Inquiries

On June 1, 2017, Oregon Governor Kate Brown signed House Bill 2005 (Oregon Equal Pay Act) into law. This new law is intended to address the gender pay gap by prohibiting employers from asking job applicants about their salary history. It also expands the protections for employees already provided under federal and state law.

Specifically, this new law prohibits an employer from discriminating in any manner “between employees on the basis of a protected class in the payment of wages or other compensation for work of comparable character.”  This includes paying “wages or other compensation to 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.”

Most importantly, under this new law, employers are prohibited from:

  • Asking an applicant how much he/she is currently paid;
  • Basing a new hire’s pay on that individual’s current or past compensation; and
  • Complying with the Equal Pay Act by cutting a current employee’s pay.

The new law, does not, however, prohibit employers from paying employees for work of comparable character at different compensation levels if the difference in pay is due to a bona fide factor related to the position based on one of the following:

  • a seniority system;
  • a merit system;
  • a system measuring earnings by quantity or quality of production (e.g., piece-rate work);
  • workplace locations;
  • travel (if necessary and regular for employees);
  • education;
  • training; or
  • experience.

This new law goes into effect on January 1, 2019. It is recommended that Oregon employers review the provisions of the new law and verify that their application process does not include prior salary inquiries. In addition, Oregon employers should review their current pay practices and address any existing pay disparities.

Amended Law – Oregon Amends Its Sick Leave Law

On June 29, 2017, Oregon Governor Kate Brown signed Senate Bill 299 into law. This new law amends the Oregon Sick Leave Law as follows:

Accrual of Sick Leave

Under the previous version of the law, employers were able to limit an employee’s carryover of sick leave to 40 hours per year. However, the statute did not address whether an employer could cap an employee’s annual accrual.

Under the amended law, employers are able to limit an employee’s accrual of sick leave to 40 hours per year. With this change, an employer can limit an employee’s sick leave bank to 80 hours – 40 hours of sick leave accrued during the year plus 40 hours of carryover sick leave

More Generous PTO/Sick Leave Policies

Under the previous version of the law, it was unclear whether an employer with a more generous PTO or sick leave policy was required to comply with the Oregon Sick Leave Law for all of the time provided.

The amended law clarifies that these employers are only required to comply with the law’s requirements for the first 40 hours that the policy provides per year.

Paid Sick Leave Pay for Piece Rate/Commissioned Employees

Under the previous version of the law, paid sick leave for these employees was paid at the employee’s regular rate of pay or, if the employee did not have a previously established regular rate of pay, the minimum wage.

The amended law adds a new option. If an employee is paid a regular wage (e.g. hourly, weekly or monthly wage) and on a piece-rate or a commission basis, leave is paid at a rate equivalent to the employee’s hourly, weekly or monthly wage or the minimum wage, whichever is greater.

Paid Sick Leave Requirement For Seasonal Farm Stands or Temporary Construction Offices Located In the Portland Area

Under the previous version of the law, employers are required to provide paid (as opposed to unpaid) sick leave under the following circumstances:

  • if they employ at least 10 employees working anywhere in Oregon;
  • if they employ an average of at least six employees per day in Oregon and maintain a location in a city in Oregon with a population exceeding 500,000 (Portland) for each workday during the 20 workweeks of operation.

The amended law clarifies that seasonal farm stands or temporary construction offices located in the Portland area are not subject to the lower employee count.

Who’s Counted In the Employee Count?

The previous version of the law did not clearly address who was included in the employee count for purposes of receiving paid sick leave.

The amended law provides that clarification. People who are not included in employee count are: directors of a corporation, members of an LLC, partners of an LLP, and sole proprietors, when those people have a substantial ownership interest in the operation (more than 15% and not less than the average of other owners). Members of the immediate families (child, spouses, and parents) of these people may also be excluded.

When does the amended law go into effect?

The amended law takes effect on January 1, 2018.

2017 MINIMUM WAGE MID-YEAR CHECK-UP

With various cities and counties having enacted local minimum wages (many of which are increasing on July 1st) and 3 states (Maryland, Oregon, and Washington DC) increasing their own minimum wages on July 1st, employers should take time to verify that they are meeting the minimum wage requirements of their state/city/county.

The below chart sets forth the minimum wage effective July 1, 2017.

Federal $7.25
State City County  Amount?
Alabama  $7.25
Alaska  $9.80
Arizona — all cities/counties except …  $10.00
  Flagstaff*   $10.50
Arkansas  $8.50
California — all cities/counties except …

small employer (25 or less)

$10.00

large employer (26 or more)

$10.50
Berkeley

Increasing 10/1/2017 to …

Alameda County  $12.53
$13.75
Cupertino Santa Clara County $12.00
El Cerrito* Contra Costa County  $12.25
Emeryville* Alameda County $14.00

small employer (55 or less) *

large employer (56 or more) *

$15.20
Los Altos Santa Clara County $12.00
Los Angeles* LA County $10.50

small employer (25 or less)

large employer (26 or more)

$12.00
Malibu* LA County $10.50

small employer (25 or less)

large employer (26 or more)

$12.00
Milpitas* Santa Clara County $11.00
Mountain View Santa Clara County $13.00
Oakland Alameda County $12.86
Palo Alto Santa Clara County $12.00
Pasadena* LA County $10.50

small employer (25 or less)

large employer (26 or more)

$12.00
Richmond Contra Costa County $12.30
San Diego San Diego County $11.50
San Francisco* San Francisco County $14.00
San Jose* Santa Clara County $12.00
San Leandro* Alameda County $13.00
San Mateo San Mateo County $12.00

For-profit organizations

Non-profit organizations

$10.50
Santa Clara Santa Clara County $11.10
Santa Monica* LA County $10.50

small employer (25 or less)

large employer (26 or more)

$12.00
Sunnyvale* Santa Clara County $13.00
Los Angeles County*

unincorporated areas

$10.50

small employer (25 or less)

large employer (26 or more)

$12.00
Colorado $9.30
Connecticut $10.10
Delaware $8.25
Florida $8.10
Georgia $7.25
Hawaii

 

$9.25
Idaho $7.25
Illinois — all cities/counties except … $8.25
Chicago* $11.00
    Cook County*

(except for the Village of Barrington)

$10.00
Indiana $7.25
Iowa $7.25
Kansas $7.25
Kentucky $7.25
Louisiana $7.25
Maine — all cities/counties except … $9.00
Bangor $8.25
Portland $10.68
Maryland* — all cities/counties except … $9.25
Montgomery County

Increases 10/1/2017

$10.75
$11.50
Prince George’s County

Increases 10/1/2017

$10.75
$11.50
Massachusetts $11.00
Michigan $8.90
Minnesota “small employers” (employers with an annual sales volume of less than $500,000) $7.75
“large employers” (employers with an annual sales volume of $500,000+) $9.50
Mississippi $7.25
Missouri — all cities/counties except … $7.70
St. Louis $10.00
Montana $8.15
Nebraska $9.00
Nevada $8.25
New Hampshire $7.25
New Jersey $8.44
New Mexico — all cities/counties except … $7.50
Albuquerque $8.75
Las Cruces $9.20
Santa Fe $10.91
Bernalillo County $8.65
Santa Fe County $10.91
New York “Upstate” employers (excluding fast food employees) $9.70
  “Downstate” employers (excluding fast food employees) $10.00
  “Small” NYC employers (excluding fast food employees $10.50
  Fast food employees outside NYC $10.75
  “Large” NYC employers (excluding fast food employees) $11.00
  Fast food employees inside NYC $12.00
North Carolina $7.25
North Dakota $7.25
Ohio $8.15
Oklahoma $7.25
Oregon* — all cities/counties except … $10.25
Portland* $11.25
Nonurban Counties* (Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klmath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, Wheeler counties) $10.00
Pennsylvania $7.25
Rhode Island $9.60
South Carolina $7.25
South Dakota $8.65
Tennessee $7.25
Texas $7.25
Utah $7.25
Vermont $10.00
Virginia $7.25
Washington — all cities/counties except … $11.00
City of SeaTac (hospitality and transportation workers) $15.34
Seattle $13.00
small employer who does not pay towards medical benefits

(500 or less)

small employer who does pay towards medical benefits

(500 or less)

$11.00
large employer who does not pay towards medical benefits

(501 or more)

$15.00
large employer who does pay towards medical benefits

(501 or more)

$13.50
Tacoma $11.15
Washington DC* $12.50
West Virginia $8.75
Wisconsin $7.25
Wyoming $7.25
 * = increase in minimum wage effective July 1, 2017

 

Caveat: Please be advised that this information is being provided as a courtesy and that ePlace Solutions, Inc. does not track local laws and ordinances and will not update this information with changes in local laws and ordinances.