STATE-BY-STATE ROUNDUP - Oregon – Legislature Enacts Several Laws Affecting Employers
 
October 8, 2007
 
Louis Santiago - Portland

During its 2007 legislative session, the Oregon State Legislative Assembly enacted several laws that have a substantial impact on Oregon employers. The new laws are effective January 1, 2008, unless otherwise noted.

Rest Period to Express Milk

House Bill 2372 establishes mandatory 30-minute rest periods, during each four-hour period of work, to accommodate an employee who needs to express milk for her child. The employer must make reasonable efforts to provide a location, other than a public restroom or toilet stall, in close proximity to the employee’s work area, for the employee to express milk in private. The employee must provide reasonable notice to the employer and, if feasible, must take the rest period at the same time as other mandated rest or meal periods. An employer is not required to provide rest periods if to do so would impose an “undue hardship” on the operation of the employer’s business.

Inspection of Personnel Records

House Bill 2254 amends existing Oregon law regarding an employee’s right to inspect or obtain a certified copy of his or her personnel file. The new law requires an employer to provide a reasonable opportunity for the inspection of the file, or produce a certified copy of the file, within 45 days after receipt of the employee’s request. The law does not require the request to be in writing. The 45-day rule also applies to requests by a former employee for a certified copy of his or her personnel file, if the file still exists at the time of the request.

Payroll Corrections

House Bill 2258 establishes deadlines for the correction of uncontested payroll errors. If the error is less than five percent of the employee’s gross wages for the payday in question, the employer must pay the unpaid amount no later than the next regular payday. If the error is five percent or greater, the employer must pay the unpaid amount within three days of notice of the error, excluding Saturdays, Sundays and holidays.

Oregon Family Leave Act (OFLA)

House Bill 2460 prohibits OFLA leave from running while an employee is on workers’ compensation leave. However, if an eligible employee refuses a bona fide offer of light duty or modified employment that is suitable prior to becoming medically able to work, OFLA leave will begin to run. The new law also allows an employee to use any accrued paid leave while on OFLA leave, even if the employer’s policy would not otherwise allow him or her to do so.

House Bill 2635 expands the OFLA definition of “family member.” Under the new law, an eligible employee may use OFLA leave to care for the employee’s grandparent or grandchild who has a serious health condition.

Sexual Orientation Discrimination

Senate Bill 2 prohibits discrimination based on sexual orientation in employment. The term “sexual orientation” includes an individual’s actual or perceived “gender identity.” The law does not prohibit an employer from enforcing an otherwise valid dress code or policy, as long as the employer provides, on a case-by-case basis, for reasonable accommodation of an individual based on his or her health and safety needs. An exception to the law is provided to a “bona fide church or other religious institution.”

Leave for Victims of Domestic Violence, Sexual Assault or Stalking

Senate Bill 946 requires a covered employer to allow an eligible employee to take “reasonable” unpaid leave to address domestic violence, sexual assault or stalking issues. An employer may limit the amount of leave only if the leave creates an undue hardship on the employer’s business. If feasible, the employee must give reasonable advance notice before taking the leave. An employee may use any other accrued paid leave in lieu of unpaid leave. This new law became effective on May 25, 2007.

Rights of Domestic Partners

House Bill 2007 provides registered domestic partners with the same rights and responsibilities conferred on spouses under Oregon law. The Oregon Constitution limits marriage to the union of one man and one woman, so the new law states that it does not bestow the status of marriage on partners in a domestic partnership. Also, the new law recognizes that the Oregon Legislative Assembly cannot impact restrictions contained in federal law. Nonetheless, the new law will have an impact on state-mandated employee benefits, such as Oregon’s leave laws.

For more information, email Louis Santiago at louis.santiago@hklaw.com or call toll free, 1-888-688-8500.