Most businesses recognize the importance of complying with current employment laws, but keeping up can challenging. Here is a summary of significant legislation enacted this past session, which wrapped up on July 7, 2013. Commentary by Laura Salerno Owens of Barran Liebman LLP
• Day Off for Veterans on Veterans Day (SB 1). This law requires all employers to grant a request from a military veteran employee to have Veterans Day off, unless the employer would experience a significant economic or operational disruption or undue hardship. The employee must provide a 21 day notice of intent to take that day off from work. Where employer denies the request, the employer must allow employee to take time off on another day within the year after Veterans Day. The new law took effective upon signing on April 4, 2013, so employers should start preparing now to be ready to process requests for time off for Veterans Day, November 11, which falls on a Monday this year.
• Workplace Protections Extended to Interns (HB 2669). If your company uses interns, you should be aware of a new law that expands some workplace protections to interns. The new law applies to all employers and extends protection against discrimination and harassment to individuals working for educational purposes and without pay (interns). It does not, however, extend protections for violations of wage and hour, occupational safety and health, worker’s compensation or unemployment insurance. Governor Kitzhaber signed the bill on June 13, 2013, and the law took effect immediately.• Social Media Accounts Off Limits to Employers (HB 2654). Under the current law, employers may require their employees to provide them access to the employees’ personal social media accounts. Starting January 1, 2014, however, all employers are prohibited from requiring or requesting employees or applicants to provide access to their personal social media accounts, to add the employer to social media accounts or to allow the employer to view an employee’s or applicant’s personal social media accounts. The law also prohibits an employer from retaliating against an employee or applicant for refusing to provide access to account and allows employees or applicants the right to file a lawsuit against the employer for violations of the law. There are some limited exceptions for workplace investigations. Employers should review their social media policies and add a statement of intent to comply with the new law.
• Expansion of Domestic Violence Leave Law (HB 2903). This law requires a covered employer (those with six or more employees) to post summaries of statutes and rules related to the employment rights of victims of domestic violence, sexual assault and stalking. The bill also amended the definition of “eligible employee” by removing the previous requirement that an employee had to have worked an average of 25 hours per week for the last 180 days. That means that effective January 1, 2014, an employee of a covered employer will be eligible to take such leave from the first day of his or her employment. Employers should update their policies to eliminate any prior work requirement and arrange to place required posters in the workplace.
• Bereavement Leave Added to OFLA (HB 2950). The Oregon Family Leave Act, which applies to those with 25 or more employees, will soon allow an employee to take bereavement leave. The new law outlines what qualifies as bereavement leave, and allows an employee to take up to two weeks of leave per death of family member. Bereavement leave must be completed within 60 days of the date on which the eligible employee received the notice of death of a family member. OFLA-covered employers should start revising employee handbooks, policies and leave forms to be ready when the law goes into effect on January 1, 2014
• Employer May Adopt Default Direct Deposit Pay (HB 2683). Effective January 1, 2014, all employers will be able to adopt a default policy of paying wages to employees via direct deposit, without an employee’s express agreement. However, if an employee requests (verbally or in writing) to be paid by check, the employer must do so.
• Most Portland Employers Must Provide Paid Sick Leave. Portland now joins ranks with cities like Seattle, San Francisco and Washington D.C., which require employers to provide mandatory sick leave to employees. Employers with six or more employees will have to provide up to 40 hours of paid sick leave per year (one hour for every 30 hours worked). Employers with five or fewer employees will have to provide the same number of hours of unpaid sick leave. The term “employee” is defined broadly enough that it may include employees who work from home within Portland, even if the employer’s office is outside of Portland. The City is currently drafting regulations that will take effect on January 1, 2014.
To learn more about these new laws and other hot topics in employment, labor and benefits law, visit www.barran.com to register for our free Award Winning Annual Seminar being held on September 26. Laura Salerno Owens is an attorney with the Employment, Labor & Benefits firm of Barran Liebman LLP. Her practice focuses on employment litigation and advice. Questions about this article can be sent to lsalerno@barran.com
