Oregon Law That Imposes Scheduling and Working Hours Obligations on Employers Takes Effect July 1, 2018

Senate Bill 828, enacted by the 2017 Legislative Assembly, establishes work scheduling standards for certain employers in retail, hospitality, or food services industries that have at least 500 employees worldwide. The majority of the bill becomes effective July 1, 2018.
Q. What is a covered employer?
A.  Covered employers include employers and successor employers in retail, hospitality, or food services establishments that employ 500 or more employees worldwide, including chains and integrated enterprises.
To determine the number of employees employed by an employer, the calculation is based on the average number of employees employed on each work day during each of 20 or more workweeks in the current calendar year or immediately preceding calendar year.
Q. Who is a covered employee?
A. An employee who is employed in a retail establishment, a hospitality establishment, or a food service establishment that provides services related to retail trade, hotels and motels, or food services.
Q. Are any employees not covered?
A. Yes. Salaried employees who are exempt from minimum wage, workers supplied by a worker leasing company,and employees of a business that provides services to or on behalf of an employer, are not covered by this law.
Q. What does the law require?
A. Good faith estimate of work schedule.  Employers must provide a new employee a written good faith estimate of the work schedule at the time of hire that:
·       States the median number of hours the employee is expected to work in an average month;
·       Explains the voluntary standby list;
·       Explains whether the employee who is not on a standby list may expect to work on-call shifts, and if so, sets forth an objective standard for when an employee may be expected to work on-call shifts if the employee is not on the standby list; and
·       May be based on prior year schedule if it is a good-faith estimate of seasonal or episodic work.
Voluntary standby list. Employers may maintain a voluntary standby list of employees willing to work additional hours due to unanticipated customer needs or unexpected absences if listed employees have requested or agreed in writing and the employer notifies each employee, in writing:
·       That the list is voluntary and lays out how to be removed from the list;
·       How the employer will notify standby list employees of additional hours and how to accept the additional hours;
·       That the employee is not required to accept the additional hours offered; and
·       That an employee on the standby list is not eligible for additional compensation for changes to the employee’s written work schedule resulting from acceptance of additional hours as a result of being on the list.
Advance notice of work schedule. The employer must provide an employee with a work schedule, in writing, at least seven calendar days before the first day on the schedule (14 days on and after July 1, 2020). The work schedule must be posted in a conspicuous and accessible location.
The employer must provide a written work schedule that runs through the last date of the posted schedule to:
·       A new employee on or before first day of work; or
·       An existing employee on the first day of work after a leave of absence.
The written work schedule must include all work shifts and on-call shifts for the work period.
If the employer requests changes to the written work schedule after the advance notice is given:
·       Employer must provide the employee with timely notice of the change; and
·       The employee may decline any work shifts not included in the employee’s written work schedule.
At any time after the advance notice has been given, an employee may request in writing that the employer add the employee to work shifts or on-call shifts without penalty to employer.
Right to rest between shifts. Unless the employee requests or consents to work such hours, the employer may not schedule or require an employee to work during:
·       The first 10 hours following the end of a previous calendar day’s work or on-call shift; or
·       The first 10 hours following the end of a work or on-call shift that spanned two calendar days.
If an employee works during the first 10-hour periods as listed above, the employer must compensate the employee for each hour or portion of an hour that the employee works at the rate of one and one-half times the employee’s regular rate of pay. This premium pay provision does not apply to any hour or portion of an hour worked during which the employee is providing offsite repair assistance to a motorist with a disabled vehicle (roadside assistance).
Right to input into work schedule. At time of hire and during employment, an employee may identify any limitations or changes in work schedule availability and may also request not to be scheduled for work shifts during certain times or at certain work locations. While an employer may not retaliate against an employee for making such a request, the employer is under no obligation to grant the employee’s request.
Compensation for work schedule changes. An employer is required to provide compensation to an employee for each employer-requested change that occurs to a written work schedule without advance notice (seven days effective July 1, 2018; 14 days starting July 1, 2020), as follows:                                         
·         One hour at the regular rate of pay, in addition to wages earned when the employer:
o   Adds more than 30 minutes of work to the employee’s shift;
o   Changes the date or start time or end time of the employee’s work shift with no loss of hours; or
o   Schedules the employee for an additional work or on-call shift.
·         One-half times the employee’s regular rate of pay, per hour, for each scheduled hour that the employee does not work when the employer:
o   Subtracts hours from the employee’s work shift before or after the employee reports for duty;
o   Changes the date or start time or end time of the employee’s shift, resulting in a loss of work shift hours;
o   Cancels the employee’s work shift; or
o   Does not ask the employee to perform work when the employee is scheduled for an on-call shift.
  Q. What are the notice and posting requirements?
A. Employers must display a poster, which is developed by the Bureau of Labor and Industries, giving notice of the rights and responsibilities of this law. The poster must be posted in a conspicuous place at the workplace or provided on an individual basis if displaying the poster is not feasible. To access the poster, you may click on our LIST OF ADDITIONAL POSTING REQUIREMENTS then click on your state. All In One Poster Company has provided this list of downloadable notices that may be posted alongside our Oregon and Federal Combination Poster
Also, the employer is required to post the written work schedule in a conspicuous and accessible place, in English and in the language the employer typically uses to communicate with the employees.
Employers are required to provide employees on a standby list notice of additional hours by:
·       In-person conversation;
·       Telephone call;
·       Email;
·       Text message; or
·       Other electronic or written format.
Q. What if an employee wants to work extra shifts?
A. At any time after the advance notice of written work schedule is made, an employee may request in writing that the employer add the employee to more shifts. Changes to the written work schedule resulting from these written requests are not subject to the advance notice requirements of this law.
Q. What if an employee asks not to be scheduled?
A. An employee may decline any work shifts not included in the employee’s written work schedule and may request, in writing, to be added to one or more work shifts or on-call work shifts. In addition, an employee may request not to be scheduled for work shifts during certain times or at certain locations, but an employer may require the employee to provide reasonable verification of the need for such a request. An employer may not retaliate against an employee for making a request to not be scheduled, but is under no obligation to grant the employee’s request to be taken off shifts.

Oregon Employers To Begin Withholding Statewide Transit Tax July 1, 2018

On July 1, 2018, employers must start withholding its Statewide Transit Tax (one-tenth of 1%) from the wages of Oregon residents (regardless of where the work is performed) and nonresidents who perform services in Oregon.

Oregon has released the following forms for employers regarding its new tax:

Click here for additional forms and resources, including transit tax guides and calendars.

Oregon employers are responsible for withholding the tax from employees’ wages; reporting taxes withheld on a quarterly or annual return; remitting taxes withheld quarterly or annually; and reconciling quarterly or annual reports on the annual reconciliation return. Click here for specific details and deadlines.

The latest changes to your labor law posters

As of today 7/18/2017 here are the most recent changes that have occurred:

  1. Missouri Workers Compensation Notice
  2. Wisconsin Unemployment Insurance
  3. California IWC Wage Orders in English and Spanish
  4. Nevada Pregnant Workers Fairness Act
  5. Oregon Minimum Wage
  6. Utah Workers Compensation Notice
  7. New Hampshire Legislative Protection Notice
  8. Virginia OSHA Notice
  9. USERRA updated logos and colors
  10. E-verify updated
  11. Colorado anti-discrimination Notice
  12. Delaware Industrial Affairs
  13. District of Columbia Minimum Wage

Don’t worry you can always purchase our subscription plans and we send you a free poster for the entire length of coverage! http://www.allinoneposters.com/Combination-State-Federal-Poster-Plans/

Oregon BOLI Announces Minimum Wage Rules

Oregon July 1 2016 mapNew rules will help employers calculate wages when an employee works in multiple areas

PORTLAND, OR—The Bureau of Labor and Industries (BOLI) has published new minimum wage rules in preparation for the July 2016 minimum wage increase, the agency announced today.

The rules will help employers calculate wages in circumstances such as a worker performing duties at a location other than the employer’s permanent location or working in multiple areas in the course of a work period.

The rules can be found here.

The rules reflect comments from a diverse group of Oregonians and an advisory group that included the

NW Grocery Associations, Oregon Restaurant and Lodging Association, Oregon Farm Bureau, Oregon

Association of Nurseries, Association of Oregon Industries, Oregon Business Association, UFCW, PCUN,

AFL-CIO, Family Forward, SEIU, CAUSA and Oregon Center for Public Policy. In addition to holding a public hearing and convening multiple advisory meetings, the agency received more than 300 written comments about the proposed rules.

“I appreciate that both industry associations and minimum wage advocates stepped up to advise our agency’s rulemaking process,” said Labor Commissioner Avakian. “As Oregon raises its minimum wage for more than a hundred thousand workers next month, we hope that the rules will provide fairness to workers and employers alike.”

Passed by the 2016 Oregon Legislature, SB 1532 creates a series of annual minimum wage increases starting in July. After 2023, Oregon’s minimum wage rate will be indexed to inflation based on the

Consumer Price Index (CPI), a figure published by the United States Bureau of Labor Statistics to track prices for a fixed “market basket” of goods.

The law creates a tiered wage floor based on three zones around the state: 1) inside the urban growth boundary of the Portland metro region, including Multnomah, Washington and Clackamas counties 2) certain “nonurban” counties listed here and 3) the rest of the state.

BOLI’s Technical Assistance for Employers Program will hold a series of seminars around the state to help employers navigate new sick time requirements, minimum wage rules and other new workplace laws.

NOTE: The agency has also developed one poster for the state that will satisfy employers’ posting requirements. As of June 16, 2016, All In One Poster Company will have this newly released notice included in our Labor Law Posters for Oregon.

Here is the actual table, with some explanation and footnotes showing the rundown of the plan:

Effective Date of Rate Increase Base Rate Exception:  Rate within Portland’s Urban Growth Boundary2 Exception:  Rate within Nonurban Counties3
July 1, 2016 $9.75 $9.75 $9.50
July 1, 2017 $10.25 $11.25 $10.00
July 1, 2018 $10.75 $12.00 $10.50
July 1, 2019 $11.25 $12.50 $11.00
July 1, 2020 $12.00 $13.25 $11.50
July 1, 2021 $12.75 $14.00 $12.00
July 1, 2022 $13.50 $14.75 $12.50

After June 30, 2023, the base rate will be adjusted for inflation, with the Portland rate set $1.25 above the base and the nonurban county rate set $1.00 below the base.

Employers should review their payroll practices and, as with any minimum wage increase, implement any required changes to comply with each of the upcoming rate adjustments starting later this year.

1 Some cities have recently raised the minimum wage higher than the projected rates established by Oregon’s new law.

2 An area encompassing the City of Portland and much of the greater tri-county area (Multnomah, Washington, and Clackamas counties) that is managed and periodically expanded by Metro, the Portland area regional government.

3 Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, and Wheeler counties.

Oregon: New Requirements for Itemized Wage Statements


Provisions Regarding Employee Access to Personnel Records Also Amended

Under a new law in Oregon, effective January 1, 2017, an employer must provide an employee (on regular paydays, and at other times that payment of wages, salary, or commission is made) with an itemized statement that contains certain information.

Contents of Itemized Wage Statement
The statement required under the law must be a written statement, sufficiently itemized to show (among other things): the date of the payment; the dates of work covered by the payment; the name of the employee; the name and business registry number or business identification number; the address and telephone number of the employer; the rate or rates of pay; whether the employee is paid by the hour, shift, day or week or on a salary, piece or commission basis; gross wages; net wages; the amount and purpose of each deduction made during the respective period of service that the payment covers; and allowances (if any) claimed as part of the minimum wage.

Unless the employee is paid on a salary basis and is exempt from overtime compensation as established by local, state, or federal law, such statement must also include the regular hourly rate or rates of pay; the overtime rate or rates of pay; the number of regular hours worked and pay for those hours; and the number of overtime hours worked and pay for those hours.

Note: The employer may provide the itemized wage statement to the employee in electronic form if certain requirements are met.

Access to Personnel Records

  • Generally, within 45 days after receipt of an employee’s request, an employer must provide reasonable opportunity for the employee to inspect (at the place of employment or place of work assignment) his or her personnel records that are used or have been used to determine the employee’s qualification for employment, promotion, additional compensation, employment termination or other disciplinary action, and time and pay records of the employee for the period required by federal law.
  • Within 45 days after receipt of the employee’s request, the employer must furnish a certified copy of the records.

Additional details are available in the text of the law.


Oregon House votes to hike state minimum wage

Oregon lawmakers have set the state on course for a higher minimum wage.
On Thursday, the state’s House of Representatives voted 32-26 to raise the wage, which currently sits at $9.25 per hour.

While the bill will increase the minimum wage across the state, the extra cash workers will receive depends on where they are.
For instance, the Portland metropolitan area will begin with a minimum of $9.75 that will rise to $14.75 by 2022.
Jackson, Josephine, Deschutes, Wasco and Hood River counties, as well as the Willamette Valley Northwest Oregon, will start at the same rate as Portland but increase to $13.50 by 2022.
Workers in rural counties will get a minimum of $9.50 in July, going up to $12.50 by 2022.

The bill now goes to Gov. Kate Brown, who has been pushing for a minimum wage increase. She said in a statement she intended to sign the new legislation.
Activists have been pushing for minimum wages nationwide to be raised to $15.
Following the examples set by San Francisco and Seattle, 14 cities, counties and state governments have approved a hike to $15, according to the National Employment Law Project.
In most places, the increase to $15 is being phased in over a few years to give businesses some time to adjust.
CNNMoney (New York)
First published February 19, 2016: 12:33 AM ET