Oregon: Recent Employment Updates

Oregon enacted several new laws before the close of this year’s legislative session; key provisions are summarized below.

Immigration Enforcement Notice. As of June 6, 2019, SB 370 requires employers to notify employees within three business days of receiving a notice of inspection from a federal agency (e.g., USCIS, ICE) requiring the employer to provide access to employment eligibility and identity verification documents. The notice must be posted in a conspicuous place in English and the language the employer typically uses to communicate with employees, and attempt to distribute the notice to employees in their preferred language. The Bureau of Labor and Industries (BOLI) is required to issue a sample notice by the end of the year.

Extended Employee Lactation Protections. As of September 29, 2019, HB 2593 will apply breastfeeding rest period requirements to all employers regardless of size. Only employers with 10 or fewer employees will be eligible to claim an undue hardship exemption from having to provide these rest periods. Additionally, employers must now provide a “reasonable rest period to express milk each time the employee has a need to express milk.” This time frame is more expansive than the current 30-minute rest period requirement. Further, employees may not be disciplined for failing to provide advance notice to the employer of a need for lactation breaks.

OregonSaves Updates. Effective September 29, 2019, employers are eligible to obtain an exemption from participation in the Oregon Requirement Savings Plan by showing that they offer a qualified requirement plan on their annual returns for employment tax withholding. The new procedures will apply to returns submitted in 2020. Employees will also be able to file complaints with BOLI against employers who failed to comply with the OregonSaves requirements, and the Commissioner will be able to conduct investigations into the complaints.

Action Items