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Previous Updates
Paid Sick Leave Qualifying Reasons
Effective January 1, 2026, the Oregon Sick Time Law qualifying reasons are amended to add leave for blood donation.
Workplace Violence Protections
Effective January 1, 2026, Oregon adds further workplace violence protections for health care workers, including:
- Enhancing the requirements for a workplace violence prevention program and extending them to home health agencies and home hospice programs;
- Requiring workplace violence prevention and protection training for any contracted security personnel who work at the premises of the health care employer, as well as for employees;
- Allowing employees to have only their first name on an employee badge in hospitals, home health agencies and home hospice programs; and
- Requiring hospitals, home health agencies and hospice programs to set up "flagging" systems for potential threats of violence or disruptive behavior using electronic health record flags and visual flags.
Disability Benefits
Effective January 1, 2026, per Senate Bill 1148, employers that provide disability insurance may not require an employee to use or apply for other benefits, such as paid family and medical leave benefits, before being eligible for disability benefits.
New Hire Notices
Effective January 1, 2026, Oregon law is amended to require employers to provide new employees, at the time they are hired, with more detailed information regarding their itemized pay statements in addition to the information already required by law, and to update the information by January 1 of each year.
The Oregon Bureau of Labor and Industries (BOLI) provides a sample Itemized Pay Statement Notice Template (in English, Spanish, and potentially other languages on request) that includes commonly used statewide deductions that employers may use and customize to satisfy these requirements.
Stay tuned for additional information to affected clients later this month.
Oregon Family Leave Act
Effective September 26, 2025, the Oregon Family Leave Act is amended to:
- Provide an exception for certain airline flight crew employees from employee eligibility requirements; and
- Allow employees to take leave without prior notice for the closure of their child's school or child care provider due to a public health emergency, unless the governor declared the emergency at least 30 days before the leave began.
Also effective on this date, prior to reinstating an employee at the end of their medical leave, an employer may require the employee to provide certification from their health care provider that the employee is able to resume work.
OFEPL Amended
Effective September 28, 2025, the Oregon Fair Employment Practices Law (OFEPL) is amended to prohibit inquiries into an applicant's age, date of birth, or dates of attendance or graduation from an educational institution prior to completing an initial interview. If there is no initial interview, these inquiries are prohibited prior to a conditional job offer.
Exceptions apply if the information is required to affirm that the applicant meets bona fide occupational qualifications or comply with a federal, state, or local law, rule, or regulation.
Exceptions apply if the information is required to affirm that the applicant meets bona fide occupational qualifications or comply with a federal, state, or local law, rule, or regulation.
Paid Leave for Blood Donation
SB 1108 was signed into law and mandates that employers permit employees to take up to four hours of paid leave annually to donate blood. This leave is in addition to any other accrued paid leave and must be used for donations made through voluntary programs approved by the American Association of Blood Banks or the American Red Cross.
SB1108 2025 Regular Session - Oregon Legislative Information System
New Oregon OSHA Tool
Under SB 592 (2023), Oregon OSHA introduced a new enforcement tool called Programmed Inspections for Cause (PIC), targeting employers with significant safety issues.
What’s a Comprehensive Inspection? These are site reviews covering:
- Physical worksite conditions
- Worker safety practices
- Compliance documentation and training records
- Effectiveness of safety programs Such inspections are time-consuming and can result in steep penalties:
- Willful violations: up to $263,599 (if tied to a fatality)
- Failure to abate: $15,625/day per violation
When Are Inspections Triggered? When:
- A safety violation leads to a fatality
- An employer racks up 3+ willful or repeat violations in 12 months
- The employer has a vague “history of non-compliance” as determined by the OSHA Administrator
That last trigger lacks a clear legal definition, raising concerns about due process and potential constitutional overreach.
Notes for Employers
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The basis for inspection must be disclosed in the opening conference
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Legal defenses must be asserted at that point or are considered waived
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Follow-up inspections must begin within one year of the original citation’s closing conference
Oregon Occupational Safety and Health : Violations and penalties : State of Oregon
Workplace Harassment Corrective Action Clarifications
Oregon now defines an employer's duty to take appropriate corrective action in response to workplace harassment to mean:
- Immediate intervention;
- A prompt and adequate investigation;
- Appropriate remedial measures;
- Reasonable efforts to minimize the burden on the individual reporting the harassment;
- Lack of retaliation; and
- Steps to prevent retaliation and future harassment.
Salary Threshold Increase for Noncompete Agreements
For an Oregon noncompetition agreement to be enforceable, the total amount of the employee’s annual gross salary and commissions at the time of termination now must exceed $116,427 (up from $113,241). To also be enforceable:
- Employers must either (a) inform new employees in writing at least two weeks before the first day of the employee’s employment that a noncompetition agreement is required as a condition of employment, or (b) require a noncompetition agreement only after a subsequent bona fide advancement of an existing employee;
- The term of a noncompetition agreement may not exceed 12 months from the date of the employee’s termination;
- The employer must have a “protectable interest,” e.g., the employee subject to the noncompetition agreement must have access to trade secrets or competitively sensitive confidential business or professional information; and
- Employers must provide a signed, written copy of the terms of the noncompetition agreement within 30 days after the employee’s termination date.
BOLI : Noncompetition Agreements : For Employers : State of Oregon
Warehouse Workers
Beginning January 31, 2025, under Oregon's warehouse worker protection law, employers with 100 or more employees at a single warehouse distribution center or 1,000 or more employees at one or more warehouse distribution centers in the state must provide each employee with written documentation summarizing any quotas to which they are subject:
- Upon hire;
- Within two business days of a change to the quota; and
- When the employer takes an adverse action against the employee for failing to meet a quota.
Overtime Pay
Effective January 1, 2025, nonexempt agricultural workers must be paid one and one-half times their regular rate of pay for each overtime hour or portion of an hour that they work in excess of 48 hours in one workweek.
Consumer Privacy Act
Effective July 1, 2024, the Oregon Consumer Privacy Act (OCPA) gives Oregon consumers privacy rights with respect to their personal data and establishes certain requirements and limitations for covered businesses.
The OCPA's protections do not apply to individuals acting in an employment context or to employment-related data.
Oregon Family Leave Act and Paid Leave Oregon
As noted in a previous FrankCrum News Alert, the Oregon Legislature passed Senate Bill 1515 (SB 1515), which will eliminate many of the redundancies between the Oregon Family Leave Act (OFLA) and Paid Leave Oregon (PLO). Senate Bill 1515 will apply to Oregon employers with 25 or more employees. Most of these changes will take effect July 1, 2024.
Senate Bill 1515 was passed to repeal the provisions of the OFLA that are duplicated by PLO and to minimize the stacking of leave under these two laws. Here are some of the highlights:
- OFLA will no longer cover parental leave or serious health condition leave. Leave for these purposes will only be available under PLO.
- Sick child leave under OFLA is expanded. An employee may take leave under OFLA to care for a child suffering from any illness, injury, or condition that requires home care (even if it may qualify as a serious health condition). An employee may still also use OFLA sick child leave to care for a child whose school or place of care has been closed in conjunction with a statewide public health emergency declared by a public health official.
- Bereavement leave under OFLA is capped at four weeks per year. An employee’s entitlement to bereavement leave under OFLA will be capped at four weeks per leave year.
- OFLA still allows for an additional 12 weeks of pregnancy disability leave. In addition to any other OFLA leave used for sick child leave and bereavement leave, an employee may still take up to 12 additional weeks of OFLA leave for their own pregnancy disability in the same leave year.
- OFLA is temporarily amended to cover two additional weeks of leave for the fostering or adoption process. In addition to the OFLA leave above, between July 1, 2024, and December 31, 2024, an employee may take an additional two weeks of OFLA leave to effectuate the legal process for the placement of a foster child or the adoption of a child.
- OFLA leave will be in addition to leave under PLO. That is, OFLA leave may not be taken concurrently with any leave under PLO.
- Use of PTO during a period of leave under PLO is changing (again). An employee will now be permitted to decide whether to use any accrued paid time off in addition to their PLO benefits, as long as the total amount received by the employee does not exceed their regular pay. However, an employer may still permit an employee to use their paid time off such that the total combined amounts exceed their regular pay.
- Family leave under PLO will include leave for the fostering and adoption process. Beginning January 1, 2025, PLO will include leave to effectuate the legal process required for the placement of a foster child or the adoption of a child.
- Predictive scheduling relief. Employers will be exempt from the predictive scheduling compensation penalties if (1) an employee provides less than 14 days’ notice of the need for or return from leave under PLO, OFLA, or any other leave under ORS Ch. 659A, and (2) the employer makes a change to the schedule of an employee who was temporarily assigned to specific shifts to cover for an employee on leave.
What Should Employers Do to Prepare for These Changes?
- Revise leave policies, including OFLA, PLO, as well as FMLA policies if they are integrated with an OFLA policy.
- Update leave tracking systems.
- Inform employees about these upcoming changes.
- Update workplace posters. The updated PLO model notice can be found here. Keep an eye out for the updated model notice for OFLA.
If an employer has already designated or approved leave under OFLA that is scheduled to occur on or after July 1, 2024, the employer may rescind that designation or approval if OFLA will no longer protect that leave. To do so, the employer must notify the employee in writing as soon as practicable – but no later than June 1, 2024 – that the leave will no longer be OFLA-protected as of July 1, 2024. With that notice, employers must also provide written notice about the employee’s ability to apply for benefits from Paid Leave Oregon or from the employer’s equivalent plan.
For more information on Senate Bill 1515, visit: https://www.oregon.gov/boli/workers/pages/oregon-family-leave.aspx
Work Share Program
Oregon has a Work Share Program, which allows employers the opportunity to avoid layoffs when confronted with a temporary decline in business. Instead of laying off a portion of the workforce, an employer may reduce the hours of a particular group of workers and those workers may still be eligible for partial unemployment benefits to supplement their paycheck.
Recent amendments to the employee eligibility requirements for Oregon's Work Share Program include:
- Removing the requirement that an employee must have been continuously employed either full-time for six months or part-time for one year; and
- Changing the reduction in normal weekly hours and wages from 20-40% to 10-50%.
Business/Employer Resources: State of Oregon
Protected Leave for Bias Crime Victims
Effective January 1, 2024, OR HB 3443 expands eligibility for protected leave under the OFLA to include bias crime. HB3443 (oregonlegislature.gov)
Employee Rights to Refuse Work Assignments
Oregon passed SB 907 which bars employers from retaliating or discriminating against employees who refuse to do work that would expose them to serious hazard, provided that the employee acted “in good faith and with no reasonable alternative.” SB0907 (oregonlegislature.gov)
Independent Contractor Reporting
Effective January 1, 2024, an employer is required to report independent contractors to the ODCS (state child support division) within the first 20 days of work if they:
- Are expected to perform services for the employer for more than 20 days; or
- Are rehired by the same employer, and have not performed services for that employer in the past 60 days.
An employer may satisfy reporting requirements by submitting to the ODCS a copy of the independent contractor's completed:
- Form W-9;
- Form W-4; or
- Other ODCS-approved equivalent form.
Contact Oregon Employer Services at 1-866-907-2857 or by email at EMPlNewHire.help@doj.state.or.us if you have questions or need help reporting.
Civil Actions Permitted For Seeking Salary History
Under Oregon's Equal Pay Act of 2017, effective January 1, 2024, an individual may file a civil action against an employer who unlawfully seeks to obtain salary history.
Paid Leave Oregon
Under Paid Leave Oregon, eligible employees may access benefits beginning September 3, 2023. An employee's weekly benefit amount depends on whether the employee's average weekly wage is equal to, greater than or less than 65 percent of the state's average weekly wage. Paid leave benefits are available for periods of:
- Family leave (to care for and bond with a newborn child, a newly adopted child or a newly placed foster child, and to care for a covered family member with a serious health condition);
- Medical leave (for the employee's own serious health condition); and
- Safe leave (for reasons related to domestic violence).
Employees may qualify for up to 12 weeks of leave per benefit year, although an employee may take a total of 18 weeks of leave under certain circumstances. When they are ready to apply for benefits, they will use Frances Online. Employees can begin applying for benefits effective Aug. 14 if they will have a qualifying event beginning or ongoing as of Sept. 3.
An employee guidebook posted by Paid Leave Oregon explains the type of leave that can be taken, how benefits will be calculated, the required documentation to be provided by employees, and what happens after they apply for leave.
Click below for the guidebook you can share with your employees:
Paid-Leave-Oregon-Employee-Guidebook-EN.pdf (d1o0i0v5q5lp8h.cloudfront.net)
Workplace Investigations and Penalty Expansions
An amendment under Senate Bill 592 includes the augmentation of fines imposed by Oregon OSHA for violations of workplace safety. The amendment aligns Oregon’s penalty structure with federal OSHA standards.
Oregon law now establishes a tiered penalty framework based on the nature and severity of the violations:
- Non-serious violations may incur civil penalties of up to $15,625 per violation.
- Serious violations, defined as those posing a significant likelihood of death or severe physical harm, will result in civil penalties ranging from $1,116 to $15,625 per violation.
- Serious violations causing or contributing to an employee’s death will attract civil penalties ranging from $20,000 to $50,000 per violation.
The new bill also notes sterner penalties for repeat offenders:
- Willful or repeated violations will incur civil penalties ranging from $11,162 to $156,259 per violation.
- Willful or repeated violations causing or contributing to an employee’s death will entail a minimum civil penalty of $50,000 per violation, with a maximum penalty of $250,000.
- Failure to rectify a violation may result in penalties of up to $15,625 per day of continued violation.
Oregon OSHA has also expanded inspection authority for the Director of the Department of
Consumer and Business Services (DCBS). Comprehensive inspections shall be conducted under the following circumstances:
- Whenever an accident investigation reveals that a violation has caused or contributed to a work-related fatality, a comprehensive inspection must be carried out within one year of the associated closing conference.
- If three or more willful or repeated violations occur within a one-year period, a comprehensive inspection must be conducted within one year of the most recent willful or repeated violation’s associated closing conference.
For guidance and assistance on workplace safety, please reach out to SafetyandRisk@FrankCrum.com.
Subminimum Wage For Workers With Disabilities
Effective July 1, 2023, the Oregon subminimum wage for workers with disabilities increases from $12.50 to the standard statewide minimum wage rate. As a result, the subminimum wage for workers with disabilities is effectively repealed.
Sick Time Amendments
Effective January 1, 2023, the Oregon Sick Time Law (OSTL) is amended to provide that:
- An employer signatory to a collective bargaining agreement (CBA) to which the employer has agreed to contribute to a multiemployer-employee trust or benefit plan will be considered to have met the requirements of the OSTL under certain conditions, such as having a sick time policy that is equal to or greater than the OSTL's minimum requirements.
- An employee is eligible to use sick time under the policy beginning on the 91st calendar day of employment with an employer that is a signatory to the multiemployer CBA.
- An employee may combine employment service attributable to each employer signatory for whom the employee worked to meet eligibility requirements.
- OSTL requirements do not apply to longshore workers, among others.
Workplace Fairness Act Amendments
Effective January 1, 2023, the Oregon Workplace Fairness Act (the Act), which restricts an employer from entering into a nondisclosure agreement that prevents an employee from disclosing or discussing discriminatory or harassing conduct, is amended to:
- Clarify the Act's application to former employees;
- Allow a nondisclosure agreement provision in a release of claims against the employer only if the employee requests one;
- Prohibit employers from making a settlement offer conditional on an employee's request to include a nondisclosure agreement provision;
- Require an employer to provide a copy of its antidiscrimination policy to each person with whom the employer seeks to enter into an agreement that includes a nondisclosure provision; and
- Add a civil penalty to other available relief for violations of the Act.
Paid Leave Oregon
Paid Leave Oregon is a new program that allows individuals to take paid time off for many of life’s most important moments. Paid Leave Oregon is paid for by employers and employees. Employers pay 40% and employees pay 60% of the contribution rate, which is 1 percent for 2023. An employer with fewer than 25 employees is not required to make payments, but employees still pay their portion.
Payroll contributions begin on January 1, 2023, and employees may access PFML benefits beginning September 3, 2023.
FrankCrum will withhold the required employee and employer contributions.
Review last month’s FranklyHR for further Paid Leave Oregon information and requirements.
Paid Family and Medical Leave
As noted in a previous FrankCrum news alert, Paid Leave Oregon is a new program that allows individuals to take paid time off for many of life’s most important moments. Paid Leave Oregon is paid for by employers and employees. Employers pay 40% and employees pay 60% of the contribution rate, which is 1 percent for 2023. An employer with fewer than 25 employees is not required to make payments, but employees still pay their portion. For example, if an employee’s paycheck totals $1,000 dollars, they would pay $6 as their portion of the contribution for that paycheck.
Payroll contributions begin on January 1, 2023 and employees may access PFML benefits beginning September 3, 2023.
FrankCrum will withhold the required employee and employer contributions.
Employees who made $1,000 or more the year before applying for Paid Leave Oregon and are experiencing an event that qualifies them for paid leave may be eligible for benefits.
If you already offer paid leave, you may be able to use your own plan and be exempt from Oregon’s new paid family medical leave program. Your plan must offer at least the same benefits as Paid Leave Oregon.
NEXT STEPS:
Apply For An Exemption If Applicable
Employers that wish to use their own plan must submit by November 30, 2022 either an Equivalent Plan Application that meets the requirements for Paid Family Medical Leave Insurance (PFMLI) covering all Oregon employees or a Declaration of Intent certifying that they will submit an Equivalent Plan Application for approval no later than May 31, 2023.
Equivalent Plan Application: https://paidleave.oregon.gov/DocumentsForms/Paid-Leave-EquivalentPlan-Application-Printable-EN.pdf
Declaration of Intent: https://paidleave.oregon.gov/DocumentsForms/Paid-Leave-Declaration-Intent-Printable-EN.pdf
Please let us know if you intend to offer a private plan by December 16th by sending an email to ClientExperience@frankcrum.com.
Communicate With Your Employees
Let employees know that Paid Leave Oregon is funded through contributions starting on January 1, 2023, and that they should expect their paychecks to reflect these holdings. An employer must also provide notice to their eligible employees of their rights under the law. Below are links to information to share with employees.
Paid Leave Brochure: https://paidleave.oregon.gov/Documents/PaidLeave-Brochure-EN.pdf
Stay Tuned
Oregon will issue additional information and guidance as the program rolls out and FrankCrum will communicate to affected clients. Paid Leave Oregon experts can be reached for questions on various items, such as equivalent plan applications, at 833-854-0166 (toll-free) or by sending an email to paidleave@oregon.gov. Response within 2 business days.
Please see below for employer resources that are available.
Employer Toolkit: https://paidleave.oregon.gov/employers/Pages/Toolkit.aspx
Equal Pay Act
Due to the pandemic, the Oregon legislature had amended the definition of “compensation” in the Equal Pay Act to temporarily exempt hiring/signing/retention bonuses from limitations imposed by the Act. Starting September 28, 2022, bonuses will once again be considered “compensation” under the Act. Employers are prohibited from discriminating between employees on the basis of a protected class in wages or other compensation for “work of comparable character”.
The law defines “work of comparable character” as “work that requires substantially similar knowledge, skill, effort, responsibility and working conditions in the performance of work.…” The law does allow employers to take various factors into account for pay disparities for “work of comparable character” (such as education and experience). Pay disparities for “work of comparable character” under the act need only consider comparisons of Oregon employees and not out-of-state employees.
Wildfire Smoke Exposure Rules
Effective July 1, 2022, permanent rules (the Rules) require employers to implement certain measures aimed at protecting employees exposed to fine particulate matter found in wildfire smoke. The Rules address various compliance requirements, including those relating to:
- Exposure assessments;
- Information, training and documentation;
- Communication systems between supervisors and employees; and
- Administrative and engineering controls aimed at reducing exposure to employees.
You can learn more here about protecting workers from wildfire smoke and reach out to safetyandrisk@frankcrum.com as needed.
Permanent Rule on Use of Paid Sick Leave in Public Health Emergencies
The Oregon Bureau of Labor and Industries has issued a permanent rule that allows employees (other than those employed as first responders) to take paid sick and safe time for reasons related to public health emergencies:
- An emergency evacuation order of level 2 (SET) or level 3 (GO) issued by an authorized public official, if the affected area includes either the location of the employer's place of business or the employee's home address; or
- A determination by an authorized public official that the air quality index or heat index is at a level where continued exposure to such levels would jeopardize the employee's health.
Learn more here.
Additional Restrictions on Noncompete Agreements
The term for which noncompete agreements are valid and enforceable is reduced from 18 months to 12 months. The change applies to agreements entered into on or after January 1, 2022. With limited exceptions, a noncompete will be void unless the employee’s salary and commissions at the time of termination exceed USD100,533 (adjusted yearly for inflation).
Driver Licenses for Employment Purposes
Effective January 1, 2022, Oregon law prohibits an employer from:
- Requiring, as a condition for employment or continuation of employment, an employee or prospective employee to possess or present a valid driver license unless the ability to legally drive is an essential function of the job or is related to a legitimate business purpose; and
- Refusing to accept from an employee or prospective employee, as an alternative to a driver license, any other identification documents that are deemed acceptable for the purpose of forms prescribed by the US Citizenship and Immigration Services that are used for verifying the identity and employment authorization of individuals hired for employment in the US.
An employer may continue to accept a driver license as identification if voluntarily offered by an employee or prospective employee. However, an employer's acceptance of a driver license if voluntarily offered by an employee or prospective employee may not be used as evidence of a violation of Oregon law.
Hairstyle Discrimination Banned
Effective January 1, 2022, the definition of race under the Oregon Fair Employment Practices Law is amended to include physical characteristics that are historically associated with race, including but not limited to natural hair, hair texture, hair type and protective hairstyles.
Protective hairstyle means a hairstyle, hair color or manner of wearing hair that includes but is not limited to braids, regardless of whether the braids are created with extensions or styled with adornments, locs and twists.
The amendment does not prohibit an employer from enforcing an otherwise valid dress code or policy as long as:
- The employer provides for reasonable accommodation based on an individual's health and safety needs; and
- The dress code or policy does not have a disproportionate adverse impact on a protected class.
Paid Family and Medical Leave Act
Oregon passed a paid family and medical leave law (PFML) law, which creates a family and medical leave insurance program providing partially or fully compensated time away from work to covered individuals who meet certain criteria while on family leave, medical leave or safe leave.
Eligible employees and employers may begin making contributions no later than January 1, 2023. Click here to view the expected timeline and other FAQs.
Family Leave Act
Effective January 1, 2022, Oregon amends and expands its Family Leave Act. Right now family leave is protected, but often unpaid unless an employee has vacation, sick, or other paid leave available to use. Paid family leave is coming to Oregon in 2023 (as noted in the section above).
The amendments:
- Allow employees of a covered employer to take leave during a public health emergency, with certain exceptions;
- Allow employees who separate from employment to take leave if they are eligible for leave at the time of separation and are reemployed within 180 days;
- Allow employees to take leave if they are eligible at the beginning of a temporary cessation of scheduled hours of 180 days or less and return from work at the end of the temporary cessation of scheduled hours of 180 days or less;
- Codify regulatory provisions providing for child care leave due to a public health emergency and verification of such leave; and
- Remove gendered language from provisions related to pregnancy.
HB 2474: https://olis.oregonlegislature.gov/liz/2021R1/Downloads/MeasureDocument/HB2474/Enrolled
Amended Military Leave Protections
Oregon's military leave law is amended to specify that state law must be consistent with USERRA's five-year limit on eligibility for reemployment.
Further, the amendments make an exception to the five-year limit on eligibility for reemployment after leave, which excludes the following services from the five-year limit calculation:
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Voluntary service overseas; and
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Voluntary service within the US during or in response to any emergency or disaster declared by local, state or the federal government.
The amendments take effect September 25, 2021, or 91 days after the legislature adjourns (i.e., June 26, 2021).
Predictive Scheduling Law
Oregon law establishes several employee scheduling requirements for retail, hospitality, and foodservice establishments with 500 or more employees worldwide. As of July 1, 2020, covered employers need to post the written work schedule at least 14 (increased from seven) calendar days before the first day of the work schedule. Read more about Predictive Scheduling here.
