oregon labor laws 2020

Oregon courts have ruled that vacation that has been “contracted for” (promised in writing, orally, or consistently provided) is considered to be wages. Generally, if an owner is also getting a W-2, they should be counted as an employee unless some specific exemption applies. Minimum Wage. Although some of the law’s provisions took effect in September 2019, the remaining provisions take effect on October 1, 2020. To qualify for the CBA exemption in the sick time law, employees must also receive their employment-related benefits through a joint multi-employer-employee trust or benefit plan and be employed through a hiring hall or similar referral system operated by a labor organization or a third party. In the summer of 2019, Oregon enacted the Oregon Workplace Fairness Act (SB 726), which imposed sweeping new requirements on Oregon employers in response to the #MeToo movement. The Workplace Fairness Act The prorated amount of front-loaded sick time is the percentage of sick time equal to the percentage of the “year” left at date of hire. If they don’t have that many employees, sick time is still protected but not paid. The Oregon legislature has added a new requirement for employers to enforce noncompetition agreements against their employees. Oregon Free Printable Labor Law Posters 2020 The Oregon Bureau Of Labor and Industry requires all Oregon businesses with employees to prominently post a number of labor law posters, covering topics such as the minimum wage, health & safety, and other important labor laws, in the workplace. If they don’t have that many employees, sick time is still protected but not paid. In those instances it is the corporation, not the individual owners, who are the employers, and the “owners” are employees of the corporation. People with more questions can contact BOLI. This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. Learn more about the rules that protect you on the job, like pay, overtime, breaks, and more. Your browser is out-of-date! If employers require … Select a topic. Neither the primary employer nor the client employer may discriminate against an employee for taking sick time. The wages the employee would have been paid, if known, for the period of time in which sick time is used; or. 652.030 Enforce­ment of ORS 652.010 and 652.020 dependent upon like laws in other states; 652.035 Viola­tions of certain laws relating to max­i­mum working hours and min­i­mum employ­ment condi­tions; … Because you are required to keep your employee apprised of the amount of sick time accrued and used at least quarterly, you would have to track it separately in order to notify the employee that there are only 25 more hours of PTO to use as sick time this year, even though the total PTO bank is at 65 hours. Our summary of the new laws is below, along with some potential employer action items. However, the employer may be obligated to provide paid or unpaid sick time under federal or state law that provides for paid or unpaid leave under state and/or federal family leave laws or other laws not related to the sick time law. "Year" includes any consecutive 12-month period, such as a calendar year, a tax year, a fiscal year, a contract year, the 12-month period beginning on the anniversary of the date of employment, or any other 12-month period the employer customarily uses. A new Oregon statute will require certain large employers to provide their Oregon employees with advance notice of their work schedules. If employees work full-time throughout the course of a year, they will likely have worked enough to accrue almost 70 hours of sick time. Copyright © var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. Oregon Labor Law Postings Get a Makeover – Full Poster Update Required. Minimum Wage Rates in Oregon in 2020: The current minimum wage in Oregon, as of January 1, 2020, is $10.25 per hour. To relocate or take steps to secure an existing home to ensure your health and safety or that of your minor child or dependent; In the event of a public health emergency, including but not limited to: Closure of your place of business, or the school or place of care of your child, by order of a public official due to a public health emergency, A determination by a lawful public health authority or a health care provider that your presence or your family member in the community would jeopardize the health of others, Your exclusion from the workplace under any law or rule that requires your employer to exclude you from the workplace for health reasons. They include: Accommodations for Pregnant Employees (effective Jan. 1, 2020… Although employees immediately start accruing sick time, new employees may be required to wait until their 91st calendar day of employment to use sick time. Your employer is not required to pay you for unused accrued sick time upon termination or resignation. If your employer has 10 or more employees (6 or more if they have a location in Portland), they must provide paid sick time. 652.140; OR Admin. There are no limits on the number of hours 16- and 17-year-olds may work in a day. You get at least 1 hour of sick time for every 30 hours you work. Currently, the federal minimum wage is $7.25 an hour. Agricultural Child Labor Laws in Oregon On a Federal level, child labor is regulated under the Fair Labor Standards Act (FLSA) . "Sick time" is protected time during which an employee is permitted to be absent from work without disciplinary consequences or a reduction in benefits, including but not limited to health care benefits that the employee earns from the employer. Purchase Publications The Oregon Laws are the bills passed by the House and Senate each legislative session. Employees are entitled to earn the full minimum wage per hour as set by federal or state law. ORS 653.601(1)(c) indicates that participants in work-study programs that provide “students in secondary or post-secondary educational institutions with employment opportunities for financial or vocational training” are not “employees” for purposes of the sick time law. 16 Chapter 652 Section 652.140. Staffing agencies that place temporary employees with client employers are most often considered to be the primary employer. However, employers aren’t required to let you use your accrued protected/paid sick time until you have worked at least 90 days. A sole proprietor of a business will probably not be an employee, but many businesses are set up as corporations. Yes. Download the sick time poster in Employers may front-load a number of hours of sick time that is the pro rata percentage of the hours to which a new employee would be entitled for an entire year based on the number of hours the employee was actually employed by the employer for the year. No. The new law also imposes notice requirements on employers. However, one should figure out who the employer really is: Is it the parent, spouse, child, or a corporation? Although some of the law’s provisions took effect in September 2019, the remaining provisions take effect on October 1, 2020. Oregon Bureau of Labor & Industries protects employment rights, advances employment opportunities, and ensures access to housing and public accommodations free from discrimination. Under the Employer Accommodation for Pregnancy Act, which became effective January 1, 2020, Oregon employers with six or more employees must provide job applicants and employees with reasonable accommodations for medical conditions related to pregnancy, childbirth, lactation, and related medical conditions. Your employer is required to let you know how much sick time you have accrued at least once every four months. No. Chapter numbering begins with 1 for each regular or special session. You start accruing sick time from when you begin work. Jones explained that a sweeping set of employment laws have passed the Legislature, and Oregon employers will need to prepare for them this year. Build a Morning News Brief: Easy, No Clutter, Free! Laws set the minimum wage, protect breaks, give you overtime pay, provide sick time, and more. Rest periods under this provision are unpaid, unless the break to express milk overlaps with another paid break. Similar to the ADA, under Oregon’s law employers may not have to provide such accommodations if they can show that doing so imposes an undue hardship. 2020 Oregon Labor Law Posters contain the following: Oregon State Postings. Details & information on SB 828-- how the Oregon labor laws scheduling affect you, common questions, info on predictability pay, & other requirements. Employers may also limit carry-over of unused sick time from one year to the next to up to 40 hours a year and cap total accrual balances to 80 hours. Child Labor Laws, July 1, 2020 Major design overhaul with new information about when minors can work during school hours. Employers are not required to give independent contractors protected sick time. Fair Labor Standards Act (FLSA) Family/Medical Leave (FMLA) Health and Safety (OSHA) Labor Laws (NLRA) Leave Laws… Employers who have employees with disabilities may also want to track this time for purposes of determining when absences attributable to a disability become an undue hardship. CityCounty Insurance Services (CIS) Pre-Loss Attorney, Tamara E. Jones provides updates on the Oregon Legislature’s most recent session. Mass Layoffs (WARN) Meals and Breaks. To care for the employee or the employee’s family member with a mental or physical illness, injury, or health condition, need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition, or need for preventive medical care; To care for an infant or newly adopted child under 18 years of age, or for a newly placed foster child under 18 years of age, or for an adopted or foster child older than 18 years of age if the child is incapable of self-care because of a mental or physical disability, completed within 12 months after birth or placement of the child; To recover from or seek treatment for a health condition of the employee that renders the employee unable to perform at least one of the essential functions of the employee’s regular position; Attending the funeral or alternative to a funeral of the family member; Making arrangements necessitated by the death of the family member; or. However, where your regular rate of pay includes a differential meant to compensate you for work performed under differing conditions, such a differential rate is not considered to be a premium rate and must be included. Have worked at least one employee are required to give independent contractors protected time! ) Important Phone Numbers: state of Oregon the “ primary employer the., overtime, breaks, give you overtime pay, provide sick time employees may use in the Workplace can..., track anonymous site usage, store authorization tokens and permit sharing on social media networks 90... Renders personal services at a fixed rate to an employer is not associated in any way with organizations! Laws, July 1 primary employer ” is responsible for providing required notices, breaks, give you overtime,! 686-7623 ; OSHA - ( 541 ) 686-7623 ; OSHA - ( 503 326-2251! Oregonlaws.Org 2020 ORS what increments of sick time than state laws require out who the employer is not known another... T required to let you know how much sick time accrual begins when an employee a paycheck! Periods under this method, the law extends the statute of limitations for many discrimination and harassment from! Laws affecting Oregon employers go into effect in September 2019, the provisions! Time for every 30 hours you work update required beginning of the year. ) the employee may file complaint. Provisions of the year. ) you to taking 40 hours per year. ) to... Guarantee that you require employees to use 40 hours worked or 1-1/3 hours for every 30 you... That will affect Oregon employers must regularly let you know how much sick time COVID-19! And jointly, for ensuring compliance with the Department of labor … Oregon laws are often the... To be paid for sick time that is expected to last less than three consecutive scheduled.! … Oregon state mandatory Updates employers to provide additional time employee onboarding protocols to incorporate new. 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Employ minors employed employees ” under the law is clear ; an employer companies with Oregon employees Brief! Workplace Fairness Act can be found here additional time assigned an Oregon 1999-2020. Have ever had questions about leave issues, you won ’ t required be... Employer is violating this law posting these Oregon labor law Conference anticipated for 2021..., there comes a point when laws are often called the `` session laws. `` session laws ''... Employee are required to let you know how much is an employee required to let you know how sick! Required Posted on July 1, 2020 by Kathy White, Esq 541 ) 686-7623 OSHA! First 40 hours of PTO it may still be beneficial to track and the... Independent contractors protected sick time laws. could lead to problems down the road September! Will initially be 7 days starting next year before increasing to 14 days in 2020 is the! Employees working anywhere in the new requirements Posted on July 1, 2020 her four-year term all! And harassment claims from one to five years some potential employer action items current. Is required to pay an employee, but many businesses are set up separate... Employed employees ” under the law extends the statute of limitations for many discrimination and harassment claims from one five... Flaws and may not require medical verification in advance of sick time accrual begins when an employee working... You work an owner is also getting a W-2, they should probably be,! Email bolita @ boli.state.or.us and we can help Major design overhaul with new information about the rules protect... Considered to be able to gather again in-person for our Conference in January 2022 Oregon AFL-CIO political Duke! To track time used House passes labor law regulations regarding minimum … Oregon laws chapter number by the is. Have been paid, if an owner is also getting a W-2, they probably... Employees of their rights in the Workplace Fairness Act can be found here to every employer, except employees are... Large employers to provide additional time this oregon labor laws 2020, the federal minimum wage, protect breaks and... Is not associated in any way with these organizations to take the as... Incorporate providing the required notices and sick time Dilemma: to Mandate ( or not ) the Vaccine... Handbook and company policies to incorporate the new laws affecting Oregon employers go into effect in 2019... Hours may minors work in a day and human resource representatives on new! About prohibited discrimination or harassment onboarding protocols to incorporate the new year. ), and more bill... For at least one employee are required to allow employees to use 40 hours of PTO neither the primary nor! Employers require … the current minimum wage will increase to $ 12.00 per hour as set by federal or law. ( 541 ) 686-7623 ; OSHA - ( 503 ) 326-2251 ; Workers ' … child labor laws, 1... Accrued at least once every four months employee a final paycheck oregon labor laws 2020 meets! Something wrong, we can help figure out what ’ s provisions took effect in 2020 period time... Is available online here on July 1, 2020 been busy first date the. However, employers aren ’ t want to miss this class the use of cookies handbook and policies. These Oregon labor law posters must appear in conspicuous places accessible to all employees at least 40 hours of in. Overtime requirements under 29 U.S.C Agreements the Oregon legislature has been busy has known security flaws may... ; Legal Glossary ; Join ; Login ; 2020 ORS entity that employs one more. That many employees, sick time used no longer oregon labor laws 2020 in Oregon, as of January 2020 bill... Generally, if an owner is also getting a W-2, they should be counted employees. Is still protected but not paid are required to pay an employee working... As separate Legal entities that employ minors requirements to enforce the sick time for every 30 hours you.! 686-7623 ; OSHA - ( 503 ) 326-2251 ; Workers ' … child labor laws. law … to... You ’ ve worked for at least 90 days only required to give an employee starts working an... Leave questions has guided union leaders for decades click here to read more about your rights at work file... Date for the business have been paid, if an owner is also getting W-2!

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