Intro to Oregon Labor Laws

Oregon has adopted new regulations implementing expanded workplace violence prevention requirements for certain healthcare employers. The rules require covered employers — including hospitals, home health agencies, home hospice programs, and freestanding hospice facilities — to establish workplace violence prevention programs and, in some cases, patient flagging systems.  

Covered employers should review whether they are subject to the new requirements and begin developing or updating workplace violence prevention programs and flagging procedures as needed.

Expands the reasons employees can use paid sick leave to include blood donation when in connection with a voluntary program approved or accredited by the American Association of Blood Banks or American Red Cross. Employers may want to set a reminder to update their sick leave policy to include the new leave reason.

Governor Kotek signed SB 1515(opens in a new tab) into law, which will change the administration of employee leaves for baby bonding and for a serious health condition.  Originally protected under the Oregon Family Leave Act (OFLA), effective July 1, 2024, these leaves will be covered exclusively by the Paid Leave Oregon (PLO). Qualifying absences such as for sick child leave, pregnancy or birth-related conditions, and bereavement, will remain covered by OFLA. The changes also clarify interactions between OFLA, PLO, and employer-provided paid time off (PTO), entitling employees on PLO leave to use any employer-offered paid leave accruals to supplement their PLO benefits up to the employees’ full wage replacement. Employers are advised to consult with legal counsel to ensure their policies are updated in accordance with these changes.

Oregon will require employers to provide employees with a detailed written explanation of all payroll codes, pay rates, and deductions. The new law amends Oregon Revised Statutes and mandates that this information be provided at the time of hire and updated annually by January 1st. While the Oregon Bureau of Labor and Industries (BOLI) will provide a model guidance document for compliance, employers should start preparing now to avoid potential civil penalties of up to $500 for violations.

Starting this fall, employers will no longer be permitted to ask job applicants for their age, date of birth, or school attendance or graduation dates before the first job interview. If no interview takes place, the information can only be requested after a conditional job offer has been made. These restrictions do not apply when information is required to confirm the applicant meets bona fide occupational qualifications or to comply with any federal, state, or local regulation (such as minimum age rules for selling alcohol). Employers should review and update their hiring processes to ensure compliance with these new requirements.

On January 12, 2024, the Oregon Employment Department (OED) issued final rules to clarify the process for implementing Paid Leave Oregon. The new regulations address components such as benefits administration, eligibility criteria, and more.

Paid Leave Oregon went into effect on January 1, 2023, with employees first able to apply for benefits on September 3, 2023, and applies to employers that have at least one employee in Oregon.

Under the new regulations, verification criteria for safe leave purposes due to bias crimes have been amended, factors to determine a family member’s “affinity status” have been established, and job protection rights and health insurance premium repayments have been clarified, among other updates. 

Employers should review the linked article for additional information on the clarifications of Paid Leave Oregon and update their leave policies accordingly.