ATTENTION OREGON EMPLOYERS: Are you compliant with 2023 employment law changes?
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Patricia Tsipras
January 11, 2023
Oregon has enacted several laws that will impact your workplace this year. Below is a brief summary of some of those laws:
- An Amendment to the Workplace Fairness Act Extends Restrictions on Settlement and Severance Agreements. The Oregon Workplace Fairness Act, originally passed in 2019, limits the confidentiality, non-disparagement, and no-rehire terms in settlement, separation, or severance agreements as they relate to an employee’s or prospective employee’s claims of discrimination, disability, or sexual assault. A recent amendment to the Act, effective January 1, 2023, extends the law’s protections to former employees and to sexual assault or harassment claims. The amendment also prevents the inclusion of any provision that prevents disclosure of the amount, or fact of, any employment settlement if the agreement releases a covered discrimination claim. Any of these provisions may be included in an agreement at the employee’s request, provided that the employee is given at least seven days to revoke acceptance of the agreement. See 2022 Or. SB 1587.
- Paid Family and Medical Leave Program. Effective January 1, 2023, Oregon’s new paid family and medical leave program will begin to collect money from workers and large businesses. Employees will contribute 60% and employers will contribute 40% of the total contribution rate determined annually by the Oregon Employment Department, which has a statutory maximum of 1% of wages. The program is designed to provide up to 12 weeks of paid leave to employees to care for and bond with a child, recover from a serious health condition, or address issues related to domestic violence, sexual assault, or harassment. Employees in Oregon who have earned at least $1,000 in wages in four out of the five quarters before starting leave, and have been employed with an employer for at least 90 days, are eligible to apply for paid leave benefits, starting in September 2023. Employers with 25 or more employees anywhere in the world with at least one eligible employee in Oregon, including remote employees, must comply with the law’s requirements. See 2019 Or. HB 2005.
Contact counsel to discuss how these laws may impact your workplace.
*Special thanks to Ava Petrellese, our paralegal, for her contributions to this article.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, Oregon, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
