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» Subscribe To E-AlertsSeveral new Oregon statutes that may affect you and your employees will go into effect on January 1, 2010. Below are highlights of statutes that will ring in the New Year:
Private employers may not discriminate or retaliate against an employee who, in good faith, reports what they believe to be violations of state or federal law. Unfortunately, the statute does not define the term "reporting." Before January 1, 2010, private employers could not discriminate or retaliate against an employee who, in good faith, (1) reports criminal activity by any person, (2) cooperates with a law enforcement agency conducting a criminal investigation, (3) causes a complaint to be filed against any person, (4) brings a civil proceeding against an employer, or (5) testifies at a civil proceeding or criminal trial. After January 1, 2010, the expanded law provides protection to an employee who, in good faith, reports information that they believe is evidence of a violation of a state or federal law, rule, or regulation.
New Year's Resolution #1: Be even more careful when taking disciplinary action against an employee who has raised possible violations of law.
With limited exceptions for emergencies and other circumstances, it will be a Class D traffic violation to use a cell phone for talking or text-messaging purposes while driving. The law does not block the use of hands-free devices.
New Year's Resolution #2: Update policies to address employee use of cell phones while operating company vehicles.
The so-called "employer gag bill" bars most employers from discriminating or retaliating against employees who refuse to attend employer-sponsored meetings whose "primary purpose" is to communicate the employer's political or religious views. The statute exempts political and religious organizations, at least as to meetings that relate to the organization's political or religious tenets. Employers also are required to post a notice of employees' rights in a place normally reserved for employment-related notices and in a place commonly frequented by employees. If employers are concerned about such meetings during a union organizing campaign, they are not alone. Opponents of the law have argued that it is preempted by the federal National Labor Relations Act, which allows employers to hold meetings during a union organizing campaign with certain restrictions.
New Year's Resolution #3: While employers may still hold meetings on political or religious topics, do not require attendance and do not penalize employees for not attending.
Employers must "reasonably accommodate" an employee's religious observation in a variety of ways, unless the accommodation involves "an undue hardship," that is, significant cost and expense rather than the current de minimis cost standard. Statutory reasonable accommodations include allowing employees to use available leave time to engage in religious observance and eliminating job requirements that restrict an employee's ability to wear religious clothing or take time off for a holy day.
New Year's Resolution #4: Update policies and train managers on reasonable accommodations for religious observation.
Oregon's disabilities statutes have been amended to mirror the federal Americans With Disabilities Amendments Act, which overhauled the ADA as of January 1, 2009.
New Year's Resolution #5 (for Oregon employers with 6 or more employees--those with 15 or more were already subject to the changes under the ADA): Amend practices and train managers regarding reasonably accommodating disabilities under the new laws.
It will be unlawful for an employer to discriminate against an employee because they have been the victim of domestic violence, sexual assault, or stalking. In addition, upon the employee's request, an employer must provide a "reasonable safety accommodation" unless it would cause "an undue hardship," as defined under Oregon's disability discrimination law. Employers can request documentation from the employee certifying the need for an accommodation; examples of appropriate documents include: a police report, protective order, or other documentation from an attorney, law enforcement officer, health care professional, or clergy. Oregon already has leave laws on the books regarding victims of domestic violence, sexual assault, or stalking.
New Year's Resolution #6: Be careful when disciplining an employee who has been dealing with domestic violence, sexual assault, or stalking issues or has requested a reasonable accommodation related to safety.
Employers that fail to garnish an employee's wages and turn them over in a timely manner when served with a garnishment order may be liable to the employee or the garnishor for any damages suffered because of the employer's failure to withhold or pay the amounts required by a garnishment order, or for withholding amounts in excess of a garnishment order. Employers also may be subject to penalties for a violation.
New Year's Resolution #7: Review internal practices for processing garnishment orders to be sure they are handled in a timely and careful manner.
Earlier this year, FMLA was expanded to provide military family leave and Oregon followed suit. Employers with 25 or more employees are required to provide spouses of service members who have been notified of an impending call to active duty or who have been deployed with 14 days of unpaid leave for each military deployment. The employee must provide the employer notice of intent to take leave within five days of receiving formal notice of actual or impending deployment. To be eligible, the employee must have worked an average of 20 hours per week, although the statute does not specify the relevant time period. Another Oregon statute makes it unlawful to discriminate in employment against an individual on the basis that the individual served, or has applied to serve, in the military.
New Year's Resolution #8: Update leave policies and forms and train managers on these new military service-related laws.
There is much to look forward to in the New Year. Happy 2010 from everyone at Barran Liebman!
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