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Oregon: Updates to Discrimination and Harassment Protections

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All Employers with OR Employees

EFFECTIVE

As indicated

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SB 726, also known as the “Oregon Workplace Fairness Act,” extends discrimination and harassment protections for employees. On October 1, 2019, the statute of limitations for discrimination, harassment, and retaliation claims will be extended from one to five years. On October 1, 2020, with limited exception, employee agreements cannot require confidentiality, nondisclosure, nondisparagement, no-rehire provisions, or similar restrictions that prevent employees from disclosing sexual harassment or discrimination. Similarly, golden parachute clauses in employment agreements may be voided if the employer determines through a “good faith investigation” that the employee engaged in discrimination that was a “substantial contributing factor” in the employee’s termination.

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Oregon: NEW Pregnancy Accommodation Requirements for Employers

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All Employers with 6 or more OR Employees

EFFECTIVE

January 1, 2020

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Next year, employers with six or more employees will need to provide job applicants and employees with reasonable accommodations for medical conditions related to pregnancy, including childbirth and lactation. Accommodations may include acquisition or modification of equipment or devices, more frequent or longer rest periods, assistance with manual labor, or modification of work schedules or job assignments.

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Oregon: Employers Must Remind Employees of Non-Compete Agreements on Exit

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All Employers with OR Employees

EFFECTIVE

January 1, 2020

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HB 2992 makes noncompete agreements unenforceable unless the employer provides an employee with a signed copy of the agreement within 30 days after the employee’s date of termination. Presumably, “after the date of … termination” does not include the day on which termination takes place. Best practice would be to send a copy of the agreement with proof of receipt to the employee after termination, such as return receipt requested, certified mail, express mail with signature required, etc.

This requirement only applies to noncompete agreements entered into on or after January 1, 2020. Although generally a good practice, the requirement does not apply to noncompete agreements entered into before that time, or to other types of agreements like nonsolicitation agreements or garden leave clauses.

Action Items

  1. Update termination procedures to include sending a copy of executed noncompete agreements to terminated employees within the required timeline.
  2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

March Updates

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Varies

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Varies

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This Short List addresses the following topics:
  1. U.S. Supreme Court Reversed Ninth Circuit Equal Pay Ruling Based on Judge’s Death
  2. Fifth Circuit: Restated Its Position that Title VII Does Not Protect Sexual Orientation
  3. California: Guidance on New Agricultural Overtime Pay Requirements
  4. Alameda, CA: City Minimum Wage Increases to $13.50 in July, Regardless of Employer Size
  5. Florida: Miami Beach Minimum Wage Struck Down
  6. Illinois: $9.25 Minimum Wage by January 2020, With New Possible Penalties
  7. Minneapolis, MN: Minimum Wage Increase Approved
  8. New Jersey: $10 Minimum Wage in July 2019, $15 by 2024
  9. Westchester County, New York: Bans the Box
  10. Portland, Oregon: Prohibits Discrimination Against Atheists and Agnostics
  11. West Virginia: Federal Law Enforcement Pension Freed From State Taxes

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Ninth Circuit: Fair Credit Reporting Act Pre-Adverse Action Notice Is a Procedural Requirement and Not an Actionable Right

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Employers with AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, and Northern Mariana Islands Employees

EFFECTIVE

July 13, 2018

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In Dutta v. State Farm, the Ninth Circuit Court of Appeal stated that an employee did not have standing to sue a prospective employer for failing to comply with the pre-adverse action notice requirements under the Fair Credit Reporting Act (FCRA). The FCRA requires employers to give applicants notice before they take any adverse employment action based on the results of a consumer report (e.g., credit report). This requirement is meant to give the applicant an opportunity to contest or correct information in the credit report. After providing such pre-adverse action notice and certain timing requirements are met, an employer may then take the adverse action if it still intends to do so.

Upcoming Minimum Wage Increases

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Certain Employers with Employees in CA, DC, IL, ME, MD, MN, OR

EFFECTIVE

July 1, 2018

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Minimum wage increases typically fall into the beginning or middle of each calendar year, with many states or localities increasing minimum wage rates in July.  Below is a short list of localities with upcoming minimum wage increases effective July 1, 2018.

Ninth Circuit: Tribal Casinos Must Obey NLRA

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All Employers with AK, AZ, CA, HI, ID, MT, NV, OR, and WA Employees

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April 26, 2018

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According to the Ninth Circuit Court of Appeals, even self-governed tribal land must obey the provisions of the National Labor Relations Act (“NLRA”).  In National Labor Relations Board v. Casino Pauma, the circuit court stated that the casino violated the NLRA by attempting to limit protected union activity.

Under the NLRA, employees have the right to engage in specified protected activities relating to improving or discussing working conditions, free of employer retaliation or adverse action.  At Casino Pauma, operated by the Pauma Band of Mission Indians and located on the tribe’s reservation, a number of casino workers began distributing union leaflets to customers entering the casino.  The employees were originally removed by security.  When they attempted to distribute leaflets some weeks later, the employees were disciplined.

The NLRB filed a complaint on behalf of the employees.  An administrative law judge found that the casino violated the NLRA by attempting to interfere with protected union activities, and the circuit court agreed, stating that the NLRA applies to tribal employers.

Action Items

  1. Review the full text of the case here.
  2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2018 ManagEase

Ninth Circuit Overrules Itself: Prior Salary History Cannot Justify Wage Differential Between Men and Women

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All Employers with AL, AZ, CA, HI, ID, OR, MT, NV, and WA Employees

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April 9, 2018

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In April 2017, the Ninth Circuit previously confirmed that employers could consider an individual’s prior salary history when justifying a wage differential.  Now, a year later, the circuit court has reversed its own decision, stating that prior salary history cannot be used to justify pay disparities prohibited by the federal Equal Pay Act.

Ninth Circuit: DOL’s 80/20 Tip Credit Rule is Invalid

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All Employers of AK, AZ, CA, GA, HI, ID, MT, NV, OR, WA Employees

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September 6, 2017

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The Department of Labor (“DOL”) permits employers to give a tip credit to tipped employees who spend no more than 20% of their time performing non-tipped duties. In Marsh v. J. Alexander’s, LLC, the Ninth Circuit noted that this rule is only found in the Field Operations Handbook used by the DOL as guidance for investigations by field officers, rather than in a statute or regulation; as a result, the court stated it was not valid.

Oregon: First State in the Nation to Pass Predictive Scheduling Law

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All OR Employers of 500+ Employees Worldwide in Retail, Food Service, or Hospitality Industries

EFFECTIVE

July 1, 2018

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Last year, Seattle and New York City both implemented secure scheduling ordinances.  Although this type of employee-friendly legislation appears to be gaining ground, Oregon has become the first state in the nation to do so with the signing of its Fair Work Week Act (the “Act”) on August 8, 2017.  The Act imposes a host of new requirements for employers in the retail, food service, or hospitality industries, with staggered effective dates for certain provisions of the Act.