2009 Oregon Legislative Update
The Oregon Legislature was in session in 2009, and many labor and employment-related bills came up for consideration. A complete list of the bills that passed and the bills that failed follows below (you may have to click "continue reading."
Several passed and will become law effective January 1, 2010. Several others didn't get the support they needed to become law, but employers may want to take note as they may gain more traction in the next legislative session.
Notable winners: leave for military spouses, a ban on "captive audience" union meetings, and protections for stalking victims. Notable losers: several attempts to clarify an employer's obligation to accommodate medical marijuana use.
Up next: a federal labor and employment legislation update. Stay tuned!
The Winners: The following Oregon bills will become law January 1, 2010. Click on the bill number to read the full text of each bill.
- HB 2744 - Leave for Military Spouses. Requires employers with 25 or more employees in Oregon to provide leave to spouses of service members prior to deployment and during leave from active duty.
- HB 3256 - Protections for Service Members. Amends ORS Chapter 659A to make discrimination against an employee because of the employee’s service in a uniformed service an unlawful employment practice.
- HB 3162 - Expanded Whistleblower Protection. Amends ORS Chapter 659A to make discrimination against an employee who reports a violation of state for federal laws, rules or regulations an unlawful employment practice.
- SB 519 - Political and Union Meetings. Prohibits employer from requiring attendance in workplace meetings on political, religious or union matters.
- SB 786 - Religious Accommodations. Requires employers to reasonably accommodate religious practices with accommodations such as shift changes, vacation time for religious holidays, allowing religious jewelry or clothing.
- SB 469 - Child Businesses. Exempts children under age 17 from requirement to obtain a business license or permit for a sole proprietorship.
- SB 60 - Expanded BOLI Collections Authority. Expands the Oregon Bureau of Labor and Industries' authority to collect on judgments and orders.
- SB 373 - Deductions for Child Support. Allows either the obligee or the obligor under a support order to sue an employer who withholds support money but fails to pay.
- SB 874 - ADA Amendments Act. Conforms Oregon law with the ADA Amendments Act.
- HB 2826 - Child Labor. Increases the allowed working hours for children under 16 by one hour, two hours in the summer months.
- SB 928 - Protections for Stalking Victims. Prohibits discrimination against victims of actual or threatened stalking, sexual assault or domestic violence, and requires employers to make reasonable accommodations for such employees.
- HB 2377 - Shut Up and Drive! Prohibits the use of cell phones while operating a motor vehicle (hands-free devices allowed).
The Losers: the following bills will not become law this year, but might become law following a future legislative session.
- HB 2497; HB 3052; SB 382 - Restrictions on Medical Marijuana. Each of these bills would have allowed employers to prohibit the use of medical marijuana in the workplace.
- HB 2503 - Protections for Medical Marijuana Users. Would have prohibited discrimination based on an employee’s use of medical marijuana not on employer’s property.
- SB 427 - Drug Testing Programs. Would have allowed employers to implement broad drug-free workplace program and provide for drug and alcohol testing policies.
- HB 2821 - OFLA and Vacation Leave. Would have prevented employers from forcing employees to take accrued vacation leave when taking OFLA leave.
- HB 3053 - Paid Family Leave. Would have created an insurance program to provide benefits to those taking OFLA leave.
- HB 2692 - Revised OFLA Obligations. Would have revised OFLA so that employee returning to work from leave entitled to an available equivalent position, not the same position as before taking leave.
- HB 3053 - Minimum Wage Freeze. Would have suspended annual increase to Oregon minimum wage for years in which Oregon’s unemployment rate exceeds the national rate.
- SB 830 - Local Minimum Wages. Would have directed BOLI to calculate local minimum wages based on median income of each locality.
- HB 2692 - Punitive Damages for Whistleblowers. Would have allowed public employees to recover punitive damages in whistleblower cases.
- HB 3449 - Height/Weight Discrimination. Would have made it unlawful for employers to discriminate because of an individual’s height or weight.
- HB 2903 - Shortened Arbitration Notice. Would have reduced from two weeks to 72 hours the time that employer must give a prospective employee written notice that an arbitration agreement will be required.
- HB 2890 - Defining "Employee." Would have defined "employee" for worker classification purposes.
- SB 638 - School Activity Leave. Would have established leave for parents and guardians to attend school activities.
- SB 707 - Defamation Protections. Would have established immunity from defamation liability for employer who discloses information about employee’s job performance, unless shown to have acted in bad faith by clear and convincing evidence.
- HB 3403 - Final Paychecks. Would have given employers five days from date of termination to pay final wages to employees who are fired.
Oregon Musicians No Longer Presumed Employees for Unemployment Purposes
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Sine die! The Oregon Legislature's biennial session has come to a close, providing a perfect opportunity for the World of Work to take a look at what passed, what failed, and what flew under the radar.
One helpful new statute fixes a problem for employers who operate music venues. In late 2007, Mississippi Studios, a hip North Portland nightspot and recording studio, got nailed in an Oregon Employment Department audit for not paying unemployment taxes on musicians who played at the venue. Mississippi assumed that the musicians were not employees, but were independent contractors according to the Department's test. Not so fast. Mississippi was unaware of ORS 657.506, an obscure provision in Oregon statute that presumed musicians are employees unless otherwise stated in an employment agreement.
The new statute, which went into effect immediately on passage, repeals the old rule and treats Oregon musicians just like everybody else. The bill is simply drafted and repairs some bad lawmaking. Way to go, legislature! This time you were up there with the best.
Oregon Moves to Keep Its Disability Law in Tune With the ADA
The Oregon Legislature is taking steps to keep Oregon's disability discrimination laws consistent with the federal Americans with Disabilities Amendments Act (ADA). Last week, Senate Bill 874 passed out of the Senate Judiciary Committee on a 4-1 vote. SB 874 will amend existing Oregon disability law to adopt the changes made to the ADA in 2008 through the ADA Amendments Act (ADAAA).
SB 874 contains four key changes to make Oregon law consistent with federal law:
- prohibiting discrimination against individuals “regarded as” disabled whether or not their perceived impairment is perceived to limit a major life activity;
- construing the term "disability" in favor of broad coverage;
- considering an impairment that is episodic or in remission to be a disability if it would substantially limit a major life activity when active; and
- determining whether an impairment substantially limits a major life activity without regard to the effects of mitigating measures except ordinary eyeglasses.
Oregon has, with a few exceptions, consistently kept its disability discrimination laws consistent with the ADA. Because of that, we expect SB 874 (or something very similar) to become law. The World of Work will continue to keep you updated.
