Missed Rest Breaks

Although many employees may resist the requirement to take regular rest breaks, a recent court case is clear that the supervisor is responsible to ensure that employees take breaks routinely. An Oregon Appellate Court case “decided on June 13, 2006, allows employees to sue in court for alleged violations of the Oregon rest break (but not meal break) requirements…The appellate court reasoned that insofar as the applicable regulations require employers to provide employees with a paid rest period, the failure to provide the paid rest break would short the employees ten minutes pay for each rest break missed” (Gafur v. Legacy Good Samaritan Hospital and Medical Center). This case creates significant potential for overtime or regular pay liability for missed rest breaks.

2007 Oregon State Employment Law Seminar Updates (Stoel Rives LLP, Attorneys at Law)

Timely Payment of Wages Owed

Effective January 1, 2008, new regulations require that all wages owed must be paid on a scheduled payday. Whenever wages are not paid timely or are underpaid by over 5% and not corrected within three days the employer will be assessed a penalty of $1,000.

At PSU, two of the more common causes of these types of underpayments on regular scheduled paydays is non-receipt of a signed letter of offer and late timesheets. All letters of offer must be submitted to the HR department no later than the first day of work for new hires. Timesheets for hourly paid employees must be submitted by the 16th of each month. The University will be subject to increased liability with the enactment of this amendment.

Also at PSU, actions such as special salary increases will no longer be permitted retroactively. This new liability significantly hampers our ability to effectively handle retroactive changes and requires a proactive, planned approach to out-of-cycle salary increase adjustments. These will be made effective on the first of the month following receipt in Human Resources of an approved request.

Access to Personnel Records

Effective January 1, 2008, this ruling adds to ORS 652.750 that employees must be given access to personnel records within 45 days after receipt of the request of an employee with civil penalty of up to $1,000 for violations. The personnel records under this statute include the supervisory file maintained by each department.

Meal Periods

Effective January 1, 2008, this ruling permits that tipped food or beverage servers may legally “waive” their right to a meal period. An employer may not, however, “coerce” employees in this group to waive a meal period.

Expanding Relief for Victims of Discrimination

Effective January 1, 2008, this rule expands available relief for individuals who prevail on employment discrimination claims, allowing compensatory and punitive damages, significantly increasing potential damages to an employer.

Breast-Feeding in the Workplace

Effective January 1, 2008, requires employers of 25 or more employees to provide unpaid 30-minute rest periods to employees to express breast milk during each four-hour work period, or the major part of a four-hour work period, to be taken by the employee approximately in the middle of the work period. Requires reasonable efforts to provide a private location (a bathroom stall is not sufficient). Allows the use of vacation or other paid leave, including sick leave, and may be combined with the employee’s rest period (i.e. 15-minute rest period + 15-minute vacation use = 30 breast feeding break). Watch for more details from Human Resources on procedures regarding this new law.

Discrimination Based on Sexual Orientation

Effective January 1, 2008 (unless referred to Oregon voters, in which case this bill could not become effective until January 1, 2009 following a “yes” vote in November 2008). Expands protections state-wide related to discrimination against persons in employment, housing and public accommodations based on sexual orientation.

Leave Related to Domestic Violence

Effective May 25, 2007, requires employers of six or more individuals to allow employees who work an average of 25 hours per week over the prior 180 days to be eligible for unpaid leave to obtain services or treatment relating to domestic violence, sexual assault or stalking. Allows the use of paid vacation. Employees should be referred to Joanne Clancy whenever time missed may qualify under this new leave law.

Oregon Family Leave Act

Effective June 27, 2007, amended to exclude leave for compensable workers’ compensation injury, thereby permitting additional protected leave time.