Even though federal and state labor rules are quite different, what are your rights as an Oregon employee? How many consecutive days without a day off can you work? Is it possible to be fired for no reason? The purpose of Oregon’s labor laws are to safeguard employees while also promoting the state’s economic well-being. If you don’t find the solution to your issue here, please don’t hesitate to contact us at Meyer Stephenson, and we will try our best to assist you.
Oregon Wage Laws
As per OR Statute 653.02 and OR Statute 653.026, the minimum wage in Oregon is location-based. The minimum wage currently stands at $12.00 per hour in non-urban regions, $12.75 per hour in typical counties, and $14.00 per hour in the Portland metropolitan area as of July 1, 2021.
Tip Minimum Wage
A separate minimum wage for tipped workers is not in place in Oregon. Even if a tipped employee earns just a small quantity of gratuities, the employer must pay the entire minimum wage. OR Statute 653.035(3).
Regardless of race, color, religion, sex, gender identity, sexual orientation, national origin, marital status, veteran status, disability, or age, Oregon companies must pay equal wages for equal labor regardless of these factors. It is not possible to attain equal pay by reducing wages. Businesses must display an updated Oregon Equal Pay Notice to workers in a familiar place if it isn’t included in a labor law poster required by law.
Read more on Oregon wage claims.
Oregon Meal, Break and Leave Laws
When a shift lasts more than six (6) hours, companies in Oregon are required by law to offer their workers a 30-minute unpaid lunchtime. Employees must be paid for the whole 30-minute mealtimes if they are required to work during this time. Depending on the number of hours worked, employers must give their workers meal breaks. Administration Rules 839-020-0050(2)(a), or OAR 839-021-0072.
The following time restrictions must be met by employers when it comes to lunch breaks:
The lunchtime shall begin no earlier than the end of the second hour of work and terminate no later than the beginning of the fifth hour of work for workers who work seven (7) hours or less.
The first mealtime shall begin no earlier than the end of the third hour of work and finish no later than the beginning of the sixth hour of work for workers who work more than seven (7) hours a day.
Workers 18 and older in Oregon are entitled to a paid, uninterrupted 10-minute rest break for every four (4)-hour segment or a substantial part thereof they work in a work period, according to Oregon labour regulations. A paid, uninterrupted 15-minute rest break is required for every four (4) hour segment or significant part thereof that an employee under the age of 18 works in a work period. OAR 839-021-0072 (1). Employers are also required by law to give rest periods at specified times.
A work period is a time between the start and conclusion of an employee’s shift for purposes of meal and break period requirements. OAR 839-020-0050(11).
It is mandated under the Oregon Family Leave Act that a business with 25 or more workers must enable employees who have worked at least 25 hours per week for the preceding 180 days to take up to 12 weeks of unpaid leave.
Oregon Workplace Safety Laws
The Oregon Safe Employment Act was adopted in 1973, which aims to protect workers’ health and safety in the workplace. The Oregon Occupational Safety and Health Division (“OSHA”) is responsible for administering and enforcing the Act and has authority over commercial and public enterprises, as well as governments, both at the state and federal levels. This allows OSHA to conduct inspections of establishments in Oregon to verify compliance.
Employers are prohibited from discriminating against victims of domestic violence, harassment, sexual assault, or stalking under Oregon law (OAR 839-005-0160). Employees who have been the victim of domestic abuse, harassment, sexual assault, or stalking, or who are the victim’s parent or guardian, must get reasonable accommodations from their employers.
Oregon Workplace Discrimination Laws
Oregon’s Workplace Fairness Act (OWFA), which went into effect on October 1, 2020, mandates that all Oregon companies should have a documented harassment and discrimination policy that includes processes and practices for the reduction and prevention of discrimination against Oregon’s protected categories.
The following are examples of categories that are deemed protected:
Race or color; religion; sex; sexual orientation; national origin; marital status; age; an erased juvenile record; service in the uniformed services; or physical or mental disability.
For ease of usage, an example OWFA Policy for employers in both English and Spanish has been provided by Oregon. The OWFA policy must be made accessible to all employees at work. At the time of hiring, new workers must be provided with a copy of the policy. A copy of the policy must also be distributed to any employee who files a complaint of discrimination, harassment, or sexual assault.
Ban the Box Laws
The “ban the box” legislation in Oregon prohibits employers from checking a potential employee’s criminal record before an interview even takes place. Under this law, prior to making a conditional employment offer, an employer may not force an applicant to divulge any previous convictions. ORS 659A.360 (Criminal history), Portland City Code Ch. 23.10.030 (Criminal history).
Do You Need to Talk to an Employment Lawyer About Laws in Oregon?
If you want to learn more or to discuss your legal options, please contact our employment lawyers at Meyer Stephenson right away. We will listen and talk about your situation and discuss your options with you and help you pursue them legally if that’s an option that would be beneficial to you.
Our attorneys handle Oregon wage claims. Unpaid, late, sales commission, overtime, leave, and more…
Employment Attorney, Christina Stephenson
Employment Attorney, Robert Meyer
Employment Attorney, Talia Guerriero
Employment Attorney, Michael Owens
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