After a long pause due to changes related to COVID-19, our quarterly In View: Employment newsletter is starting again this year. In this update, you can find the latest policy news and learn more about how OBI has been advocating for our members around employment policy.
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On March 4, 10-11 a.m., Naomi Johnson, attorney with Bullard Law, will present key considerations for employers as the COVID-19 vaccine becomes more widely available to Oregonians. Her presentation will include the latest information on distribution (both from the state and federal levels), whether employers can require employees to get a shot, best practices for educating your workforce about the vaccine, and much more. |
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OBI is recognized as one of the top business associations in Oregon for our analysis and advocacy on sound employment policies, and their impacts to business owners. As the 2021 legislative session moves into its second month, OBI has evaluated and is engaged on several employment-related bills on behalf of our members. Below you will find several that we are engaged on. If you have questions or comments, please let us know.
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HB 2205, also referred to as the Private Attorney General Act, would allow groups and individuals to sue on behalf of the state for any violation that is punishable with a civil penalty. This could seriously damage state agencies and their focus on remedying violations, not just punishing violations. Businesses in California, where a similar law exists, have been subjected to many costly and frivolous lawsuits. This bill has been scheduled for a hearing on Feb. 24 and OBI will testify in opposition.
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SB 169 – OBI testified in opposition to an amendment to the bill related to noncompete agreements. This amendment would have increased the payment required to enforce a noncompete after the employee has left employment from a minimum of $50,000 to $75,000. The bill, without the proposed amendment, will limit the term of the agreements to 12 months instead of the current 18 months and makes them void unless an employer can show they have met the requirements of the law. We expect this bill to move forward without the amendment.
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SB 483 creates a presumption that an employer has retaliated against an employee if the employee is disciplined or terminated within 60 days of engaging in activity protected under ORS 654.062. Business stakeholders are concerned by the bill because employers are often unaware when complaints are filed, exposing them to increased liability for an issue they were not aware of. This bill was scheduled for a hearing on Feb. 17 but was delayed due to the fact that many Oregonians were still without power on that day. We expect it will be rescheduled.
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HB 2698, the controversial Right to Repair bill, has seen opposition from a large group of business stakeholders in the retail and technology industries. As drafted, it will require businesses to release proprietary information on parts, tools, technical manuals, and software on a broad range of electronic products being sold in the state. OBI will testify in opposition to this bill, expressing our concerns about potential privacy issues if this information was broadly available.
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HB 2818 allows for wage claims to be paid for out of the wage security fund. This bill likely would have passed in 2020, had timelines not run out. We remain concerned about relying too much on the wage security fund, particularly in a recession when it might be needed but testified that we are neutral on the bill.
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SB 493 changes the prevailing wage law for public works projects to the union rate for each trade instead of being set by market history.
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SB 588 amends the sick time law to include employees covered by multiemployer agreements. This change will largely only impact building and construction trades employees that are covered by multiemployer trusts.
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Oregon OSHA Files Permanent Rulemaking Notice |
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As the COVID-19 pandemic spread rapidly last fall, OBI worked hard to ensure our members and stakeholders knew about the latest workplace regulations from the Oregon Occupational Safety and Health Administration (OSHA). Thanks to our partners in the legal field and throughout Oregon for your assistance in analyzing these rules and their impacts on Oregon businesses.
- Modified language around vehicles
- Requires certification that HVAC systems are in good working order
- Adds new recordkeeping requirements
- Requires employers to provide notices to employees about available sick or vacation leave
- Provides new provisions around vaccinations.
OBI plans to submit comments on the proposed permanent rules prior to the April 2 comment deadline. Let us know if you have any thoughts.
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The Oregon Employment Department has released data through the end of 2020, with January numbers expected next week. OBI is tracking unemployment and other economic indicators – like number of confirmed COVID cases – each month in our monthly Recovery Scorecard to reflect trends in unemployment, consumer spending, and impacts on various communities.
The state’s unemployment rate moved up in December, the first time it has increased since April. The state rate is still slightly lower than the national average, which is also increasing, and likely reflects new business closures that occurred late in 2020. However, with the recent announcement from Gov. Brown that several of Oregon’s more populous counties can reopen indoor facilities, we may begin to see that trend level off.
The most recent data we have show a mixed bag. Here’s where things stand as of December:
- 6.4% state unemployment rate
- 61.5% labor force participation rate
- 18.8 COVID cases per 100,000 Oregonians
- Diverse communities continue to be disproportionately impacted by the pandemic recession in terms of continuing UI claims
- 4.3% decline in consumer spending compared to Jan. 2020
- 42% decline in restaurant/hotel spending compared to Jan. 2020
The scorecard data is developed by ECONorthwest on behalf of OBI and our partner, the Oregon Business Council.
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New Guidance from Federal OSHA |
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Heidi Mason, Innova Legal Advisors
Heidi is contributing this column for the newsletter as part of Innoval Legal Advisors partnership with OBI through the LegalPlus Program.
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This article is provided for educational purposes only, does not constitute legal advice and does not create an attorney-client relationship.
Are OSHA’s Recommendations Different from Oregon OSHA’s Requirements?
When Should COVID-19 Infections be Recorded or Reported?
Employers are responsible for recording work-related cases of COVID-19 on their Form 300 logs if the following requirements are met:
1. The case is a confirmed case of COVID-19; and
2. The case is work-related; and
3. The case involves one or more relevant recording criteria (e.g., medical treatment, days away from work).
If a work-related case of COVID-19 results in a fatality or in-patient hospitalization, call the nearest OSHA office or their 24-hour hotline at 1-800-321-6742, or submitting a report online.
Remember to also check local county rules about when and how to report workplace outbreaks.
Has OSHA Weighed in on Employee Vaccination?
Yes, OSHA recommends that employers make COVID-19 vaccination available at no cost to all eligible employees and provide information and training about the benefits and safety of vaccinations. The federal agency also recommends not distinguishing between workers who are vaccinated and those who are not. In other words, requiring all employees to continue following COVID-19 precautions such as physical distancing and wearing face coverings regardless of vaccination status.
Where Can I Find Additional Information?
OSHA provides helpful guidance on a range of COVID-19 related questions on its FAQ page.
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Register Now for Upcoming OBI Events |
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The economic impacts from COVID-19 continue to devastate families – and we know that Oregon women are disproportionately impacted.
According to a recent New York Times article, “the recession unleashed by the pandemic is sidelining hundreds of thousands of women and wiping out the hard-fought gains they made in the workplace over the past few years."
Join us on March 11, 10-11 a.m., to hear from a panel of women with key insights on the challenges of working during the pandemic and what that means for Oregon’s economy as a whole.
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Join OBI and our partners at Paylocity to learn all about managing and deploying an effective remote workforce. Attendees will hear from Paylocity’s Director of Client Services Gina Centiolli, who not only managed the entirety of the remote transition for their Boise office but spent more than a decade at Nike in planning and leadership development. We’ll also be joined by Cheryl Johnson, chief human resources officer with Paylocity in Chicago, who will provide insight on ways to manage, engage and strategize to effectively deploy your online workforce.
These business leaders have decades of combined of management experience and can give extremely useful tips on setting proper expectations, being organized but flexible, logistics around remote meetings, communication, client engagement, collaboration and making employers a great place to work – which we all know can be a big challenge remotely.
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Are you taking full advantage of your OBI membership?
You may qualify for group rate health insurance, discounts on workers' compensation insurance, and access to resources to help you be more competitive.
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Oregon Business & Industry
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Salem, OR 97301
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