2015 Oregon Legislative Session
The 2015 Oregon legislative session is in full swing. All draft measures have been introduced and referred to committees.
Committees now have until April 10 to schedule work sessions for the individual bills. What follows is a summary of proposed
employment related bills that, if enacted, will impact Oregon employers and employees. Follow the links provided to read the
full-text of a particular bill. For more information, please send an e-mail to our Labor and Employment attorneys, Andy Lewis
and Amanda Walkup.
Senate Bills
Linked Bill
Summary
Status
SB 19
This bill establishes joint and several liability for any person who aids or abets an Referred to Judiciary.
employer, contractor or subcontractor in violating the minimum wage, overtime and
Public hearing held.
prevailing wage statutes.
SB 87
This bill modifies the requirement that a public employer grant preference to veterans Referred to Veterans and Emergency
and disabled veterans in the selection process for competitive positions.
Preparedness.
Public hearing scheduled.
SB 104
This bill requires state agencies to use the federal E-Verify employment verification Referred to Workforce.
system to verify employment eligibility of job applicants. (See SB 850 and HB 3108).
SB 130
This bill would repeal the state statute that bars local governments from enacting Referred to Workforce.
minimum wage ordinances. If passed, this bill would permit cities and counties to
pass their own minimum wage laws. (Similar to SB 332).
This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances.
If you have specific legal questions, you are urged to consult with your attorney concerning your own situation.
Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP.
©Hershner Hunter, LLP
SB 136
This bill provides that a franchisee or subfranchisor is not an employee of the Referred to Business and
franchisor if the franchise is subject to state or federal law, if the franchisee or Transportation.
subfranchisor obtains a license, registration or other authorization required under
Public hearing held.
federal, state or local law to operate a franchise and if the franchisee or subfranchisor
is a business entity formed under laws of, or authorized to do business in, Oregon or
is sole proprietor of business in, and resident of, Oregon.
SB 137
This bill changes the definition of “public works” for purposes of applying the Referred to Workforce.
prevailing rate of wage to include any public/private project that uses funds of a
private entity and $750,000 or more of funds of a public agency for constructing,
reconstructing, painting or performing major renovation on a road, highway, building,
structure or improvement of any type.
SB 143
This bill would establish a Workers’ Compensation Insurer Security Fund, thereby Referred to Workforce.
enabling employers to self-insure against workers’ compensation claims and losses.
SB 167
This bill allows a taxicab driver to use a mobile communication device while driving.
Passed in the Senate.
Referred to House Transportation
and Economic Development
Committee.
SB 185A
This bill would prohibit an employer from requiring an employee or applicant to Passed in the Senate with
establish and maintain a personal social media account or to authorize an employer amendments.
to advertise on a personal social media account of an employee or applicant.
Referred to House Business and
Labor Committee.
SB 288
This bill modifies reinstatement rights of unclassified and exempt services employees Referred to Workforce.
who have immediate prior former regular status in classified service.
Public hearing held.
SB 291
This bill modifies the circumstances under which an injured state worker has the right Referred to Workforce.
to reinstatement or reemployment with an employer.
Public hearing held.
SB 327
This bill increases Oregon’s minimum wage rate in graduated steps through 2017.
Referred to Workforce.
This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances.
If you have specific legal questions, you are urged to consult with your attorney concerning your own situation.
Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP.
©Hershner Hunter, LLP
SB 332
This bill, like SB 130, would repeal the state law that bars local governments from Referred to Ways and Means.
enacting minimum wage ordinances. If passed, this bill would permit cities and
counties to pass their own minimum wage laws.
SB 347
If passed, this bill would increase the cap on “noneconomic damages” (i.e., damages Referred to Judiciary.
for pain and suffering and emotional distress) in bodily injury cases from $500,000 to
$550,000.
SB 380
This bill makes certain actions based on complaints filed with the Bureau of Labor Referred to Workforce.
and Industries discretionary on the part of the commissioner.
Public hearing held.
SB 454
This bill, along with HB 2005, would require all state and private employers in the Referred to Workforce.
state to provide up to 56 hours of paid sick leave to eligible employees.
Public hearing held.
SB 492
This bill authorizes the use of accrued sick leave or personal business leave by Referred to Workforce.
certain employees who are victims of domestic violence, harassment, sexual assault
or stalking. (The current law already permits the use of such leave; this bill just adds
more specificity.)
SB 531
This bill removes the provision that a public officer or employee who leaves his or her Referred to Veterans and Emergency
position to perform military duty may not, while performing military duty, receive the Preparedness.
amount of pay entitled to before the leave of absence.
Public hearing held. Public hearing
scheduled.
SB 539
This bill requires the Bureau of Labor and Industries to study issues surrounding the Referred to Workforce.
use of service animals in Oregon and to report its findings to the Legislative
Assembly in 2016.
SB 552
This bill establishes certain workplace protections for domestic workers.
SB 555
This bill requires a qualified nonprofit agency for individuals with disabilities to pay at Referred to Workforce.
least the minimum wage or prevailing rate of wage as set forth in state or federal law
to individuals with disabilities.
SB 597
This bill increases Oregon’s minimum wage rate in graduated steps to $13.50 per Referred to Workforce.
hour by 2017.
Referred to Workforce.
This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances.
If you have specific legal questions, you are urged to consult with your attorney concerning your own situation.
Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP.
©Hershner Hunter, LLP
SB 601
This bill expands the definition of “personal information” for purposes of the Oregon Referred to Judiciary.
Consumer Identity Theft Protection Act.
SB 649
This bill modifies the definitions of “compensable injury” and “preexisting condition” Referred to Workforce.
for purposes of workers’ compensation claims to include a worker’s “predisposition”
to a condition.
SB 653
This bill creates an income tax credit for certain employers that provide paid sick Referred to Joint Committee on Tax
leave. The credit is 50 percent of the qualified paid sick leave usage paid by the Credits.
employer during the tax year. (See also SB 654).
SB 654
This bill creates an income tax credit for certain employers that provide paid family Referred to Joint Committee on Tax
leave. The credit is 50 percent of the qualified paid family leave usage paid by the Credits.
employer during the tax year. (See also SB 653).
SB 718
This bill defines an employee, for purposes of wage and hour laws, as “an individual Referred to Workforce.
employed by an employer in this state.” It also defines wages to include tips and
Public hearing held.
penalty wages; expands the definition of “personnel records” to include all time
records effecting hours worked and breaks taken; and requires employers to maintain
time records for three years. This bill would also require employers to provide an
employee with a “full, succinct and complete reason” for the employee’s termination
upon request, and prevents employers from providing conflicting reasons to third
parties. Finally, this bill would require more detailed pay stubs and create a lien on all
of the employers’ real and personal property if the employer is sued for unpaid
wages.
SB 719
This bill converts accrued vacation and PTO into accrued wages that cannot be Referred to Workforce.
forfeited, and must be paid out on termination of employment. It is unclear how this
bill will be reconciled with the sick leave bills, which permit forfeiture. (Similar to HB
2542).
SB 720
This bill authorizes county governing bodies and small business employers to enter Referred to Workforce.
into agreements for reimbursement of a portion of wages paid to youth employees.
This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances.
If you have specific legal questions, you are urged to consult with your attorney concerning your own situation.
Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP.
©Hershner Hunter, LLP
SB 731
This bill establishes that decisions related to immunizations are personal health care Referred to Workforce.
decisions and that immunizations may not be mandated as a condition of
employment unless required by federal law.
SB 743
This bill revises definitions relating to employment investigations of public safety Referred to Judiciary.
officers.
SB 814
This bill would prevent local governments from enacting requirements that private Referred to Workforce.
employers provide certain paid benefits to employers (such as sick leave), and
reserves that power only in the state.
SB 850
This bill requires state agencies to use the federal E-Verify employment verification Referred to Workforce.
program to verify employment eligibility of job applicants. (See SB 104 and
HB 3108).
SB 884
This bill transfers civil rights programs and functions from the Department of Referred to Workforce.
Transportation to the Bureau of Labor and Industries.
SB 888
This bill would require employers to provide employees with a written work schedule Referred to Workforce.
upon starting work, and prohibit the employer from changing that schedule without
interacting with the employee to establish a “mutually beneficial arrangement.” This
bill would also permit employees to request a “flexible or predictable” work schedule,
and require employers to cooperate with employees in providing such a schedule. In
some cases, employers would be required to provide a flexible schedule.
This bill would also require employers to pay an employee for up to four scheduled
hours, even if the employee worked less than the scheduled hours. (Similar to
HB 2010).
House Bills
Linked Bill
Summary
HB 2005
This bill, along with SB 454, would require all state and private employers in the state
to provide up to 56 hours of paid sick leave to eligible employees.
Status
Referred to Business and Labor.
Public hearing held.
This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances.
If you have specific legal questions, you are urged to consult with your attorney concerning your own situation.
Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP.
©Hershner Hunter, LLP
HB 2006
HB 2007A
This bill makes the practice of paying employees of the opposite sex who hold Referred to Business and Labor.
equivalent jobs at different wage rates an unlawful employment practice.
Public hearing held.
This bill makes disciplinary action against an employee that inquires about or Passed in the House with
discloses wage information an unlawful employment practice.
amendments.
Referred to Senate Workforce.
HB 2008
This bill increases Oregon’s minimum wage rate in graduated steps to $12.20 per Referred to Business and Labor.
hour by 2017.
HB 2009
This bill increases Oregon’s minimum wage rate in graduated steps to $15 per hour Referred to Business and Labor.
by 2018.
HB 2010
This bill authorizes employees of certain employers to request flexible, predictable or Referred to Business and Labor.
stable work schedules. It also institutes certain requirements for setting work
schedules. (Similar to SB 888).
HB 2012
This bill increases Oregon’s minimum wage rate in graduated steps to $13.50 per Referred to Business and Labor.
hour by 2017.
HB 2032
This bill prohibits an employer or insurer from requiring an injured worker to obtain Referred to Business and Labor.
non-emergency medical services from a specific provider.
HB 2042
This bill authorizes the Bureau of Labor and Industries to provide support for outreach Referred to Joint Ways and Means.
and training for employers.
HB 2043
This bill requires employers to verify the legal status of an employee to be employed Referred to Judiciary.
in the United States through the federal E-Verify program prior to deducting expenses
related to the worker’s employment from Oregon taxable income.
HB 2090
This bill establishes a task force to study the relationship between large employers Referred to Joint Ways and Means.
and their employees who are receiving public assistance, and to make
recommendations regarding the feasibility of imposing a fee to offset the shifting of
expenses to public assistance.
This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances.
If you have specific legal questions, you are urged to consult with your attorney concerning your own situation.
Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP.
©Hershner Hunter, LLP
HB 2211
This bill authorizes the director of the Department of Consumer and Business Referred to Business and Labor.
Services to impose a civil penalty for workers’ compensation claims processing
violations by a service company.
HB 2212
This bill authorizes the imposition of a civil penalty against an employer that fails to Referred to Business and Labor.
pay wages owing to an employee on the employee’s regular payday.
Public hearing held.
HB 2214
This bill includes Oregon nonprofit corporations as public employers for purposes of Passed in the House.
transfers of certain public employees.
Referred to Senate Workforce
Committee.
HB 2215
This bill modifies the definition of “public employee” for purposes of collective Referred to Business and Labor.
bargaining.
HB 2223
This bill establishes a task force to study worker misclassification and to make Referred to Joint Ways and Means.
recommendations for legislation related to worker misclassification.
HB 2239
This bill creates an income tax credit for hiring at-risk or disadvantaged youth.
HB 2386
This bill authorizes the Bureau of Labor and Industries to issue a temporary cease Referred to Business and Labor.
and desist order under certain circumstances.
Public hearing held.
Referred to Revenue.
Work session scheduled.
HB 2387
This bill authorizes the Bureau of Labor and Industries to administratively compel the Referred to Business and Labor.
provision of a bond by certain employers.
Public hearing held.
HB 2390
This bill creates the subtraction of up to $300 from federal taxable income paid by an Referred to Revenue.
employer to an employee for the participation in a workplace wellness program.
Public hearing held.
HB 2438
This bill transfers the Office of Administrative Hearings from the Employment Passed in the House.
Department to the Oregon Department of Administrative Services.
Referred to Joint Committee on
Ways and Means.
This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances.
If you have specific legal questions, you are urged to consult with your attorney concerning your own situation.
Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP.
©Hershner Hunter, LLP
HB 2439A
This bill requires a request to reopen hearing claim to be filed with Office of
Administrative Hearings with a copy to the Employment Department.
Passed in the House with
amendments.
Referred to Senate Workforce.
HB 2440
This bill requires a reduction of benefits payable to an unemployment insurance Referred to Business and Labor.
claimant who receives an award of back pay for the time period during which benefits
Public hearing held.
were received.
HB 2478
This bill makes statutory changes to achieve gender neutral language with respect to Referred to Rules.
legally recognized marriages.
HB 2535
This bill requires an employer to grant an unpaid leave of absence to an employee Referred to Business and Labor.
serving in firefighting forces during a declared fire emergency.
HB 2542
This bill includes accrued paid vacation and personal business leave in the definition Referred to Business and Labor.
of “compensation” for purposes of wage claims. (Similar to SB 719).
Public hearing held.
HB 2544
This bill requires an issue subject to collective bargaining during the term of a Passed in the House.
collective bargaining agreement, which is not resolved through negotiation or
Referred to Senate Workforce
mediation, to be resolved through binding arbitration.
Committee.
HB 2565
This bill makes the Oregon State Bar subject to the public employees’ collective Referred to Business and Labor.
bargaining law.
HB 2566
This bill provides that disaster or emergency-related work conducted by an out-of- Referred to Veterans and Emergency
state business may not be used as the sole basis for determining if that business is Preparedness.
doing business in the state, or that the employee has residency or domicile in the
state.
HB 2576
This bill requires the Legislative Fiscal Officer to prepare employment impact Referred to Transportation and
statements for legislative measures reported out of committee that affect employment Economic Development.
in this state.
HB 2581
This bill establishes a process for random external file review in certain workers’ Referred to Business and Labor.
compensation claims.
This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances.
If you have specific legal questions, you are urged to consult with your attorney concerning your own situation.
Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP.
©Hershner Hunter, LLP
HB 2600
This bill requires the continuation of group health insurance coverage for an Referred to Health Care.
employee on family leave on the same terms as when the employee is not on leave.
Public hearing held.
Work session scheduled.
HB 2606
This bill includes siblings among the family members for whom an eligible employee Referred to Business and Labor.
may take family leave.
HB 2607
This bill reduces the minimum average hours worked required for eligibility for family
leave from 25 to 24.
HB 2644
This bill provides that a public body and its officers, employees and agents are not Referred to Judiciary.
immune from liability for the wrongful death of a person who is covered by workers’
House recommends passage.
compensation law if that death occurred in the course and scope of the decedent’s
employment, death occurred as result of conduct of another person who is
subsequently convicted of murder or found guilty except for insanity of murder, and
the decedent was not employed by a public body at time of death.
HB 2646
This bill makes the failure of an employer to grant an employee unpaid parental leave Referred to Business and Labor.
to attend certain school-related activities an unlawful employment practice.
Public hearing held.
HB 2685
This bill prohibits discrimination in employment on the basis that an employee was or Referred to Business and Labor.
has potential to provide care or support to a family member.
Public hearing held.
HB 2695
This bill requires the Bureau of Labor and Industries to disclose the data and Referred to Business and Labor.
information the commissioner uses to determine the prevailing rate of wage.
HB 2759
This bill clarifies the definition of marriage when out-of-state marriages are Referred to Rules.
recognized in Oregon, and when certain clergy can refuse to officiate a marriage.
HB 2763
This bill removes the provision that a public officer or employee who leaves a position Passed in the House.
to perform military duty may not, while performing military duty, receive the same
Referred to Senate Veterans and
amount of pay they were entitled to before the leave of absence.
Emergency Preparedness.
Referred to Business and Labor
Public hearing scheduled.
This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances.
If you have specific legal questions, you are urged to consult with your attorney concerning your own situation.
Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP.
©Hershner Hunter, LLP
HB 2764
This bill modifies the circumstances under which attorney fees may be awarded and Referred to Business and Labor.
the amount of attorney fees awarded in workers’ compensation claims.
Public hearings held.
HB 2783
This bill provides that an employee of a public employer is liable to the employer for Referred to Business and Labor.
wages paid to an employee during a period of administrative leave if that employee
was placed on leave as result of an allegation that the employee engaged in criminal
conduct and if the employee is thereafter convicted of a crime by reason of conduct.
HB 2797
This bill requires an employer to pay the first installment of temporary disability Referred to Business and Labor.
compensation in a workers’ compensation claim within 14 days after the employer
Public hearing held.
has notice or knowledge of the claim or has notice or knowledge of the employee’s
disability, whichever is later.
HB 2839
This bill allows credit against income taxes for the employment of qualified military Referred to Revenue.
veterans.
Public hearing held.
HB 2921
This bill authorizes the Bureau of Labor and Industries to expend certain moneys in House Business and Labor
the Wage Security Fund to administer and enforce provisions of wage and hour and Committee recommends passage.
minimum wage laws.
Referred to Joint Committee on
Ways and Means.
HB 2922
This bill establishes a task force to study employment practices in Oregon and to Referred to Joint Committee on
make recommendations for legislation regarding employment practices in the state.
Ways and Means.
HB 2923
This bill establishes a task force to study employee compensation in Oregon and to Referred to Joint Committee on
make recommendations for legislation regarding employee compensation in the Ways and Means.
state.
HB 2925
This bill prohibits a qualified nonprofit agency for individuals with disabilities from Referred to Consumer Protection
paying less than the state minimum wage to employees who are individuals with and Government Effectiveness.
disabilities if the employees perform services at a facility or site other than a facility or
Public hearing scheduled.
site that qualified the nonprofit agency for individuals with disabilities owns or leases.
This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances.
If you have specific legal questions, you are urged to consult with your attorney concerning your own situation.
Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP.
©Hershner Hunter, LLP
HB 2976
This bill prohibits an employee who separates from a contracting agency, for two Referred to Consumer Protection
years after the date of an employee’s separation, from becoming, or seeking and Government Effectiveness.
employment with, a contractor with which the contracting agency enters or has
Public hearing held.
entered into a public contract.
HB 3025
This bill establishes an unlawful employment practice related to the misuse of Referred to Business and Labor.
information about criminal charges and convictions of an applicant for employment.
HB 3026
This bill establishes a task force to study the need and processes for providing Referred to Business and Labor.
counseling services to injured workers and to make recommendations for legislation
Public hearing held.
regarding counseling services to injured workers.
HB 3108
This bill requires state agencies and persons that contract with state agencies to use Referred to Judiciary.
the federal E-Verify employment verification system to verify employment eligibility of
job applicants. (See SB 104 and SB 850).
HB 3113
This bill requires an employer, including successor, lessee or purchaser, to post a Referred to Business and Labor.
bond in certain wage claim cases.
HB 3114
This bill gives an injured worker one year from the date a health benefit plan rejects a Referred to Business and Labor.
claim for benefits to file a workers’ compensation claim.
HB 3137
This bill creates an unlawful employment practice of requiring an employee to create, Referred to Business and Labor.
file or sign documents containing false information related to hours worked or
compensation received by an employee, or retaliating against an employee for
refusing to do so.
HB 3161
This bill establishes the Oregon EARN Program within the Bureau of Labor and Referred to Business and Labor.
Industries.
HB 3202
This bill creates an income tax credit for certain employers that provide paid family Referred to Revenue.
leave, with restrictions.
HB 3203
This bill creates an income tax credit for certain employers that provide paid family Referred to Revenue.
leave, with restrictions.
This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances.
If you have specific legal questions, you are urged to consult with your attorney concerning your own situation.
Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP.
©Hershner Hunter, LLP
HB 3204
This bill creates an income tax credit for certain employers that provide paid sick
leave, with restrictions.
Referred to Revenue.
HB 3205
This bill creates an income tax credit for certain employers that provide paid sick
leave, with restrictions.
Referred to Revenue.
HB 3229
This bill prohibits a person convicted of certain crimes from owning, being employed Referred to Judiciary.
by or providing services at an animal grooming parlor or boarding kennel for a
specified period following conviction.
HB 3236
This bill limits the enforceability of noncompetition agreements to one year.
HB 3248
This bill requires a qualified nonprofit agency for individuals with disabilities to pay the Referred to Consumer Protection
prevailing rate of wage that the Bureau of Labor and Industries determines and to and Government Effectiveness.
comply with other applicable provisions of state labor standards.
HB 3260
This bill prohibits deductions from the wages or salary of a public employee by a Referred to Business and Labor.
public employer for payment of dues to a labor organization or for payment-in-lieu-ofdues to a labor organization.
HB 3270
This bill creates an income tax credit for certain employers that provide paid family Referred to Revenue.
leave, with restrictions.
HB 3271
This bill creates an income tax credit for employers that pay employees wages Referred to Revenue.
greater than the minimum wage.
HB 3311
This bill establishes an unlawful employment practice of subjecting an employee or Referred to Business and Labor.
intern to, or permitting an employee or intern to be subjected to, harassment,
intimidation or bullying in the workplace.
HB 3325
This bill allows employers to deduct the value of certain benefits from the minimum Referred to Business and Labor.
wage to be paid employees.
HB 3377
This bill authorizes an employee of certain employers to request a flexible or Referred to Business and Labor.
predictable work schedule.
HB 3471
This bill imposes a fee on certain large employers who pay employees less than a Referred to Business and Labor.
specified amount.
Referred to Business and Labor.
This summary provides general information and should not be construed as legal advice or a legal opinion on any specific facts or circumstances.
If you have specific legal questions, you are urged to consult with your attorney concerning your own situation.
Brought to you by the Labor and Employment attorneys at Hershner Hunter, LLP.
©Hershner Hunter, LLP