New Law Will Require Certain Employers to Provide Employees with Advance Notice of Work Schedules

Certain retail, food services, and hospitality employers will be required to give employees advance notice of working schedules and additional pay for last minute schedule changes beginning July 1, 2018 under a new Oregon law.  Senate Bill 828, known as the Fair Work Week Act (“Act”), was passed by the Oregon legislature prior to the close of the 2017 session and will preempt any local scheduling ordinances.

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Equal Pay Law Approved By Oregon Legislature

A new law will make it unlawful for Oregon employers to discriminate on the basis of protected class status in the payment of wages and other compensation for comparable work.  The law (House Bill 2005) also will prohibit employers from paying wages or other compensation to any employee at a rate that is greater than that which the employer pays to employees of a protected class for comparable work; from screening applicants based on current or past compensation; or from determining compensation for the particular position based on the current or past compensation of an applicant for that position.

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Increase to $47,766 for FLSA "Exempt" Annual Salary Threshold Effective December 1, 2016

The U.S. Department of Labor announced on May 18 that the final rule for changes to the “white collar” exemptions under the Fair Labor Standards Act (“FLSA”) include a raise in the annual minimum salary threshold level to $47,476.00 ($913.00 per week).  The final rule also raises the compensation requirement for the highly compensated employee exemption to $134,004.00 annually. No changes to the “duties” tests for any of the recognized exemptions have been made. The new rule is effective December 1, 2016.

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July 1: “Ban the Box” Employment Application Ordinance Effective for Portland Area Employers

Employers with six or more employees who spend at least 50% of their time working in Portland will not be allowed to ask about a job applicant’s criminal history on an employment application effective July 1, 2016. Based on a Portland City Ordinance, this “ban the box” law generally prohibits an employer from asking about an applicant’s criminal history before making a conditional offer of employment (“COE”). A COE is an offer of employment that is expressly conditioned on the results of an inquiry into an applicant’s criminal history or any other specifically communicated contingency.  Consequently, a covered employer cannot gather or obtain any criminal history about an applicant, and must disregard self-disclosed criminal history prior to making a COE.

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