2015 Legislature Changes

Overall discussion of 2015 Oregon law changes

Paid Sick Leave – Senate Bill 454
Effective January 1, 2016, Businesses with 10 or more workers will be required to accrue 1 hour of paid sick leave for every 30 hours worked, or 1 1/3 per 40 hours worked. This can accrue to a maximum of 40 hours a year. This applies to salary, hourly, or commission basis employees. The employee may carry over up to 40 hours of unused sick time from one year to a subsequent year, but there are policies that employers can implement to restrict usage. There is no requirement to pay employees for accumulated sick time upon termination. Employers cannot require an employee to search for a replacement worker, or alternate shifts to make up for this time. This can be agreed on if requested by the employee

Workplace Retaliation – House Bill 2007
This bill makes it unlawful for an employer to punish employees for discussing each other’s compensation. This law does not include employees with privileged access to this information from discussing other employee’s compensation.  Effective January 1, 2016.

“Ban the box” – House Bill 3025
Bans employers from asking about criminal history on job applications or requiring disclosure of criminal history before the initial interview. Also unlawful to require disclosure before making a conditional offer of employment if no interview is conducted. Effective January 1, 2016.

Social Media – Senate Bill 185
Bans employers from requesting or requiring workers to create and use a personal social media accounts, and bars them from forcing employees to advertise a business on a personal account.
“Personal social media account” means a social media account that is used by an employee or applicant for employment exclusively for personal purposes unrelated to any business purpose of the employer or prospective employer and that is not provided by or paid for by the employer or prospective employer.  Effective January 1, 2016.

Tax Law – House Bill 2171
On July 20, 2015, Oregon Governor Brown signed legislation that prohibits a corporation or partnership  taxpayer from using tax credits to offset the Oregon minimum tax. This provision is effective for a six year period, starting with tax years beginning on or after January 1, 2015.  This is retroactive.

Oregon Tax Haven – Senate Bill
Updates Oregon’s tax haven list and excludes tax haven entity factors from an Oregon group’s apportionment percentage.

Workplace Protection, Domestic Workers, Senate Bill 552
Provides workplace protection for domestic workers, including requirements for rest, overtime pay, notice of benefits and protection from harassment.  Does not apply to workers under 26, some family members such as parents or spouse of the employer.  Effective January 1, 2016.