Top Five Employment Bills Likely to Go to Governor Brown’s Desk

March 8, 2022

Clay Creps - Tonkon Torp LLP

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Oregon

We recently reported on a number of employment-related bills working their way through the Oregon Legislature. As an update to that report, here are the five employment-related bills that appear likely to head to Governor Brown’s desk for signature.

Workplace Fairness Act Amendments
Senate Bill 1586 would make amendments to the Workplace Fairness Act. The version of the Bill that will likely go to the Governor’s desk is a bit different from that which we originally described. The new version would still make it an unlawful employment practice for employers to ask employees to request to enter into agreements preventing them from disclosing or discussing conduct constituting unlawful discrimination (including sexual assault), or to make an offer of settlement conditional upon such a request. Instead of removing the confidentiality of mediation communications, the Bill now would require mediators to provide an unrepresented party to the mediation with a copy of BOLI’s model procedures and policies. In addition to voiding nondisparagement and confidentiality provisions that are not requested by the settling employee, the Bill also would make a provision preventing the disclosure of the amount or fact of settlement void. The Bill clarifies that it does not affect confidentiality agreements unrelated to discriminatory conduct.

Notice of Mandatory Overtime
Senate Bill 1513 appears unchanged in the version likely to head to the Governor’s desk. The Bill prohibits employers from taking adverse action against certain manufacturing employees who refuse to work mandatory overtime shifts – unless the employer provides the employee with at least two weeks’ advance notice of the mandatory overtime shift.

Overtime for Agricultural Workers
House Bill 4002 (requiring that overtime be paid to agricultural workers) is getting the most publicity of all the employment-related bills. Agricultural workers are for the most part exempt from the requirement to be paid overtime, but, if passed, House Bill 4002 will change this. The number of hours in a workweek after which workers would be required to be paid overtime would be set to 55 in 2023 and move to 40 in 2027. In exchange for this, the Bill would create an income or corporate excise tax credit for the excess amount of wages paid as overtime to agricultural workers. The version likely going to the Governor’s desk appears unchanged from the version we originally reported on.

Mandatory Human Trafficking Reporting
House Bill 4074 also appears unchanged in the version likely to go to the Governor’s desk. The Bill requires employees of or workers for a marijuana licensee to report human trafficking on licensed premises to the Oregon Liquor and Cannabis Commission,

Equal Pay Act Amendments
In response to COVID, the Oregon Legislature created exceptions to what is considered “compensation” for purposes of Oregon’s Equal Pay Act, including retention bonuses offered to employees and hiring bonuses offered to prospective employees. These measures were seen as necessary given the labor market employers were facing, and would permit employers to attract and retain talent without violating the Equal Pay Act. These exceptions, however, expired on March 1, 2022. Senate Bill 1514 would extend the exceptions through the 180^th day after the expiration or termination of the current state of emergency. Governor Brown has indicated an intent to lift the state of emergency on April 1, 2022 – the exception therefore would remain in effect until September 28, 2022.

This update is prepared for the general information of our clients and friends. It should not be regarded as legal advice. If you have questions about the issues raised here, please contact any of the attorneys in our Labor & Employment Practice Group, or the attorney with whom you normally consult.

About Tonkon Torp
Tonkon Torp LLP is a leading business and litigation law firm serving public companies, substantial private enterprises, entrepreneurial businesses, and individuals throughout the Northwest. For more information, visit tonkon.com.