Oregon Makes Major Changes to Labor Law Postings; Poster Update Required

83737[1]The Oregon Bureau of Labor and Industries (BOLI) has incorporated several major labor law changes to its employer required postings. To ensure complete posting compliance, employers should post the updated 2016 Oregon All-On-One Labor Law poster featuring the following Oregon law changes:

Oregon 2016 Minimum Wage

Although Oregon’s minimum wage rate will not increase from the current rate of $9.25 per hour, the state has released an updated 2016 Minimum Wage posting providing for the effective date of the state’s minimum wage rate from January 1, 2016 through December 31, 2016. In addition, the posting has been updated to reflect the Domestic Workers’ Bill of Rights (SB 552) which extends to domestic service workers the benefits of the state’s minimum wage law effective January 1, 2016. This includes entitlement to overtime pay, meal and rest periods, paid personal time off and protections against discrimination, harassment and retaliation. Under the law “domestic worker” includes individuals who work in private homes and provide childcare, housekeeping or other domestic services such as nannies, housekeepers and home cleaners.

Oregon Family Leave Act

The Oregon Family Leave Act (OFLA) posting has also been updated to reflect new legislation and administrative rules. The posting describes in greater detail the individuals for whom family leave may be taken. Under the rules, an employee may take family leave to care for the serious health condition of a custodial, non-custodial, biological, adopted, foster or step child, and to care for the parent or child of an employee’s same-sex domestic partner. In addition, the OFLA posting describes two exceptions to leave eligibility requirements related to injuries covered by workers’ compensation and the death of a family member. The OFLA posting also reflects an amendment to the family leave law (HB 2600) that affirms employees’ right to maintain group health insurance benefits during family leave effective January 1, 2016.

Oregon Indoor Clean Air Act

Oregon’s Indoor Clean Air Act (ICAA), which prohibits smoking in the workplace and within 10 feet of all entrances, exits, accessibility ramps, windows and air-intake vents, is also being expanded in 2016. Beginning next year, the ICAA will include the use of “inhalant delivery systems,” which are devices that can be used to deliver nicotine and other substances in the form of a vapor or aerosol. These include e-cigarettes, vape pens, e-hookah and other devices. Employers are required to post the new “No Smoking or Vaping” signs starting January 1, 2016.

Oregon Sick Time Law

Oregon has released a new Sick Time Law notice describing the mandatory sick leave law going into effective January 1, 2016. Employers are required by the law to provide employees with notice of the law’s provisions. BOLI has advised us that notification may be accomplished by providing the notice to each employee or by posting the notice in the workplace. The notice covers accrual of sick time, when sick time is paid, notice and verification requirements, protection from discrimination and retaliation, collective bargaining exception and the purposes for which sick time may be used. This includes the employee’s or a family member’s health care, to care for the employee’s child, to deal with the death of a family member, and for reasons related to domestic violence, harassment, sexual assault or stalking. The 2016 Oregon All-On-One poster is being updated to include the new state notice.

Oregon OSHA

Oregon has also updated the state’s OSHA posting. Although the information is substantially the same, the new format improves the clarity and appearance of the notice. Have questions? Give us a call. We are happy to help.