Tag Archives: Oregon Bureau of Labor and Industries

NEW GUIDANCE: Final Rules Regarding Oregon’s Equal Pay Law Issued

On November 19, 2018, the Oregon Bureau of Labor and Industries released its final administrative rules interpreting the Oregon Equal Pay Law.  These rules are intended to help employers comply with the Oregon’s Equal Pay Law, which goes into effect on January 1, 2019.

As we previously reported (in NEW LAW – Oregon’s New Equal Pay Act), the Oregon’s Equal Pay Law prohibits pay discrimination on the basis of protected class (i.e. race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, or age) and it also prohibits employers from using an applicant’s salary history as a screening tool for open positions and/or as a determining factor in an employee’s wages.  Under this law, employers can only inquire about an applicant’s salary history after making a job offer that includes a compensation amount. Continue reading NEW GUIDANCE: Final Rules Regarding Oregon’s Equal Pay Law Issued

Hot Off The Presses – Oregon Minimum Wage Rules

Oregon’s new geographically-tiered minimum wage law is now in effect. To accompany this new law, the Oregon Bureau of Labor and Industries has new administrative rules to implement these changes.

These new rules are intended to provide guidance to employers with individuals who provide services in multiple Oregon geographic regions during any given pay period.

There are three key rules to follow:

  1. If an employee performs more than 50% of his/her work during a pay period at a fixed business location, the minimum wage rate for the region encompassing that business location applies to all hours worked during the pay period.
  2. Delivery workers who start and end their work at the same fixed business location should be paid at least the minimum wage rate for the region encompassing that business location, notwithstanding deliveries made outside that region.
  3. For those employees who do not perform more than 50% of their work during a pay period at a fixed business location, the employer must either (a) track (and maintain record of) where the employee performs his/her work and pay at least the applicable wage rate for each region where the work was performed, or (b) for all hours worked during the pay period, pay the highest wage rate required for any region in which the employee worked.

Oregon employers should familiarize themselves with these new rules and verify that they are paying all employees in compliance with the new minimum wage law.

New Minimum Wage Poster for Oregon Employers

The Oregon Bureau of Labor and Industries released a revised minimum wage posting, which must be posted in all Oregon workplaces starting July 1, 2016. This new poster sets forth new minimum wage tiers for Oregon employers, which go into effect July 1st.

The new poster is available here in both English and Spanish and must be posted in a conspicuous place in the workplace.

As a reminder for all Oregon employers, on July 1st, minimum wage in Oregon will increase as follows:

  • Minimum wage increases to $9.50 in “non-urban” counties
  • Minimum wage increases to $9.75 in the remainder of the state

Note: the following eighteen Oregon counties are considered “nonurban” counties:

·         Baker ·         Coos ·         Crook
·         Curry ·         Douglas ·         Gilliam
·         Grant ·         Harney ·         Jefferson
·         Klamath ·         Lake ·         Malheur
·         Morrow ·         Sherman ·         Umatilla
·         Union ·         Wallowa ·         Wheeler

 

Oregon Proposes Clarification To Employer’s Location For Minimum wage Increase

As reported earlier (in “It’s Official — Oregon’s Minimum Wage Is Increasing”), Oregon has passed legislation which will increase minimum wage in Oregon over the next 7 years on a tiered schedule based on the employer’s location.

Previously, it was unclear how employers would determine which increase schedule to follow.  In an effort to answer that question, the Oregon Bureau of Labor and Industries has proposed new rules that, if adopted, will define an employer’s geographical location and will clarify how employees should be paid if they work in more than one region.

With respect to the employer’s geographical location, the proposed rules state the following:

“Employer’s location” means any place where an employer employs any employee for more than an incidental period of time during the employee’s established workweek. An employer has more than one location if the employer has employees performing work in multiple regions during the same pay period. For example, an employer whose headquarters is located in Region 1 who provides contracted janitorial services to buildings in Region 1 and Region 2 is located in both Region 1 and Region 2.

The “regions” are defined as follows:

“Region 1” includes all parts of the state of Oregon not specifically included in Region 2 or Region 3 as defined.

“Region 2” includes the areas in the counties of Multnomah, Washington and Clackamas counties that are within the urban growth boundary as identified by the metropolitan service district.

“Region 3” includes the counties of Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa and Wheeler.

The proposed rules further define “incidental period of time” to mean a period of time

less than four (4) hours of an employee’s compensable time during any workweek. Time spent by an employee in a region solely for the purpose of travelling through the region from a point outside the region to another outside the region with no employment or work-related stops is an incidental period of time.

The term “workweek” means

any seven (7) consecutive twenty four (24) hour period as determined by the employer. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade the payment of minimum wage requirements of this rule.

Finally, the proposed rules clarify how the employer is to pay an employee when he performs work for “more than an incidental period of time” in more than one region during the workweek. In that case, the employer must pay the employee either

  1. No less than the hourly rate of pay at the highest rate of wage required for any region specified in the law in which the employee worked during the workweek for all hours worked by the employee; or
  2. No less than the hourly rate of pay at the applicable minimum rate of wage for each hour worked in each region in which the employee worked during the workweek.

These rules have not yet been adopted by the Oregon Bureau of Labor and Industries. We will keep you informed of any developments with this proposed rule.

Oregon Paid Sick Leave Guidance Available

Starting January 1, 2016, Oregon employers with 10 or more employees (6 or more in Portland) are going to be required to provide their employees with paid sick leave benefits. For more information regarding Oregon’s paid sick leave law, please see our previous blog entry.

In preparation for the new sick leave law, the Oregon Bureau of Labor and Industries (BOLI) has issued new guidance materials to help employers comply with the new law’s requirements. These guidance materials consist of: (1) the Final Administrative Rules; (2) a model Sick Time Notification to employees, which must be posted in a conspicuous location starting January 1, 2016; and (3) answers to Frequently Asked Questions about the new paid sick leave. In addition to these new materials, BOLI will also be conducting two-hour training sessions on the new sick law throughout the state – the dates and times of which will be available on the BOLI website.

Oregon employers should use the newly available materials and consider attending the training sessions to verify that their sick leave policies are in compliance with the new law.