By Lindsay Reynolds
The Oregon legislature has been busy. A number of new laws affecting Oregon employers go into effect in 2020. Our summary of the new laws is below, along with some potential employer action items.
Expanded Pregnancy-Related Accommodations
Under the Employer Accommodation for Pregnancy Act, which became effective January 1, 2020, Oregon employers with six or more employees must provide job applicants and employees with reasonable accommodations for medical conditions related to pregnancy, childbirth, lactation, and related medical conditions. Currently, Oregon and federal law require employers to provide reasonable accommodations, including leave of absence, for pregnancy-related disabilities or serious health conditions under the Americans with Disabilities Act (ADA) or under family leave laws. Under Oregon’s expanded law, reasonable accommodations may include, but are not limited to: acquisition or modification of equipment devices; more frequent or longer break periods or periodic rest; assistance with manual labor; or modification of work schedules or job assignments. Similar to the ADA, under Oregon’s law employers may not have to provide such accommodations if they can show that doing so imposes an undue hardship.
The new law also imposes notice requirements on employers. In addition to general postings, employers must also provide written notices to current employees, to new employees at the time of hire, and to employees within 10 days of learning that they are pregnant.
Expression of Breastmilk in the Workplace
All Oregon employers must provide employees a reasonable rest period to express milk each time the employee has a need to express milk. Rest periods under this provision are unpaid, unless the break to express milk overlaps with another paid break. An employer with 10 or fewer employees is not required to provide rest periods if to do so would impose an undue hardship on the operation of the employer’s business.
The Workplace Fairness Act
On June 11, 2019, Governor Kate Brown signed into law Senate Bill 726, known as the Workplace Fairness Act. The law extends the statute of limitations for many discrimination and harassment claims from one to five years. Effective October 2020, employers will have limited ability to enter into confidentiality or non-disparagement agreements with employees that concern claims of discrimination, harassment, or sexual assault. The law also requires employers to have a written policy addressing the employer’s complaint procedure for reporting discrimination and harassment; identifying the persons responsible for receiving complaints; notifying employees of the five-year statute of limitations; providing a statement that the employer may not require or coerce employees to sign a non-disclosure agreement; providing an explanation that an aggrieved employee can voluntarily request certain provisions in an agreement; and including a statement advising employees and managers to document incidents of unlawful discrimination or sexual assault. Employers must provide a copy of the policy to employees when hired and when an employee makes a complaint about prohibited discrimination or harassment.
More information about the Workplace Fairness Act can be found here.
Additional Requirements to Enforce Noncompetition Agreements
The Oregon legislature has added a new requirement for employers to enforce noncompetition agreements against their employees. Starting January 1, 2020, employers must provide a copy of the signed noncompete agreement to employees within 30 days after the date of the termination of the employee’s employment. The remainder of the Oregon noncompetition statute is unchanged.
More information about Oregon’s noncompetition statute can be found here.
Federal Inspections Notice
Oregon SB 370 requires employers to notify employees of an upcoming inspection by a federal agency within three business days of receiving notice from the federal agency. The employer’s notice to employees must include: (1) a copy of the federal agency’s notice of inspection; (2) the date of the inspection; (3) the scope of the federal agency’s inspection (to the extent the employer knows); (4) the employer’s obligations with respect to providing information within the scope of the federal agency’s notice of inspection; and (5) the telephone number for the Portland Immigrant Rights Coalition, which is the organization that the Oregon Bureau of Labor and Industries has chosen to provide information to callers related to immigrant and refugee workers’ rights, as required under the new law.
Employers must post the notice in a conspicuous and accessible location within the workplace, and make reasonable attempts to individually distribute notifications to employees in the employee’s preferred language.
Employer Action Items:
- Update employee onboarding protocols to incorporate providing the required notices.
- Train managers and human resource representatives on the new requirements.
- Update handbook and company policies to incorporate the new requirements.
This update is prepared for the general information of our clients and friends. It should not be regarded as legal advice. If you have further questions on this topic, please email a member of our Labor & Employment Practice Group, or the attorney with whom you normally consult.
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