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What’s New for 2010? Oregon Employment Law Update 2010 Edition presented by Bureau of Labor and Industries Technical Assistance for Employers
Oregon Bureau of Labor & Industries(BOLI) Commissioner 4/1/2014 2
Technical Assistance for Employers 4/1/2014 3
Jeff Burgess Program Coordinator Technical Assistance for Employers Program Oregon Bureau of Labor and Industries 800 NE Oregon Street, Suite 1045 Portland, Oregon 97232 Tel: 971/673-0828 Fax: 971/673-1384 email@example.com http://www.oregon.gov/boli 4
What can TA do for you? • Answer your questions by email or telephone; • Come to your business and present a seminar tailor-made for your needs; • Hold regular seminars on a variety of topics around the state and our annual conference. See our schedule for what, where and when. • Publish Handbooks on major topics of interest to Oregon employers; and • Publish newspaper columns and host our website
Federal Legislation • Lilly Ledbetter Fair Pay Act (SB 181) eff. 1/29/09 retro. 5/28/07 Amends Title VII to provide that the 180 day (300 in OR) statute of limitations for filing an equal pay lawsuit resets with each new discriminatory paycheck.
Federal Legislation • Genetic Information Nondiscrimination Act (HB 493) eff. 11/09 Prohibits employers and health insurance companies from improperly using genetic information, including family health history Posting requirement!
Federal Legislation • ADA Amendments Act: 15 or more employees (SB 3406) eff. 1/1/09 Significantly broadens scope of ADA by expanding the definition of “disability”: without considering mitigating measures (other than ordinary eyeglasses) Episodic/In remission – a disability if it meets the test when active
Oregon Legislation • Oregon Disability Discrimination Law ORS 659A.100-145: 6 or more employees (SB 874) eff. 1/1/10 Broadens the definition of “disability” and requires that Oregon law be construed, to the extent possible, with the federal ADAAA
OFLA and FMLA • Generally 12 weeks of protected leave for: - Employee’s own serious health condition - Family member’s serious health condition - Parental leave - Sick child leave (OFLA only); or - Military family leave
Federal Military Family Leave • FMLA provides two types: (1) Leave for a “Qualifying Exigency” 12 weeks (2) Military Caregiver’s Leave 26 weeks
OFLA Military Leave (HB 2744) eff. 6/25/09 Spouse or same-gender domestic partner called to active duty or on leave from active duty 14 days per deployment
Oregon Legislation • Protections for Service Members (HB 3256) eff. 1/1/10 Prohibits an employer from discriminating or retaliating against individuals who serve in the uniformed services
Oregon Legislation • Expanded Whistleblower Protection (HB 3162) eff. 1/1/10 Prohibits discrimination against employees who report (internally or externally) in good faith information believed to be a violation of law. Provides for compensatory and punitive damages
Oregon Legislation • Limits on Mandatory Meetings (SB 519) eff. 1/1/10 Prohibits employers from requiring attendance at workplace meetings on political, religious or union matters Posting requirement!
Oregon Legislation • Expanded Religious Accommodation (SB 786) eff. 1/1/10 Protects religious observances or practices, wearing religious clothing or jewelry, time off for holy day if only a temporary or tangential impact on job functions Undue hardship exception
Oregon Legislation • Child Support Withholding (SB 373) eff. 1/1/10 Creates cause of action for obligor and obligee if employer withholds child support but fails to timely pay it over to obligee Discharge related to support order is an unlawful employment practice
Oregon Legislation • Increased Working Hours for Children (HB 2826) eff. 1/1/10 Allows minors under 16 to work from 7:00 am to 7:00 pm (an increase of one hour) and until 9:00 pm June 1 through Labor Day
Oregon Legislation • Protection for Victims of Domestic Violence, Sexual Assault or Stalking (SB 928) eff. 1/1/10 Prohibits discrimination or retaliation Requires reasonable safety accommodation Requires reasonable leave Undue hardship exception
Oregon Legislation • Automated External Defibrillators (AEDs) (SB 556) eff. 1/1/10 Requires covered employers to have a defibrillator and limits liability resulting from use, attempted use or nonuse of the device Applies to places of public assembly or companies with 50,000 square feet or more of floor space where business activities are conducted and at least 25 people congregate on a normal day
Oregon Legislation • Prevailing Wage Rate – new basis for 3-year debarment (SB 55) eff. 5/21/09 Contractor or subcontractor’s intentional falsification of information on certified payroll reports concerning paying PWR on public works projects is grounds for placement on list of ineligibles.
Oregon Legislation • Increase in Amounts Recoverable Under Tort Claims Act (SB 311) eff. 7/1/09 Limit on damages against public bodies raised from $1.5M to $2 M for a single claimant. Indexed to increase based on CPI after 2015
Oregon Legislation • Use of Cell Phone While Driving (HB 2377) eff. 1/1/10 Prohibits persons of any age from operating motor vehicle while using cell phone without a hands-free device Exception for operation in the scope of employment (probably will be narrowly construed)
Oregon Legislation • BOLI Collections Fees Recovery (SB 60) eff. 1/1/10 BOLI can now charge respondents with actual fees incurred in collecting judgments, including fees paid to a private collection agency or a government agency.
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