labor lawAdivision of labor law center

The new Oregon Smokefree Workplace Law goes into effect on January 1, 2009. The law prohibits smoking in most public place and workplaces, with a very few exceptions.

Employers are responsible for enforcing the new law. The new law replaces Oregon’s previous non-smoking law, which permitted smoking in many businesses.

Under the new law, employers must prominently post “No Smoking” signs and must prohibit smoking within 10 feet of doors, windows and air intake vents. Employers must also ensure that ashtrays are at least 10 feet from entrances, and train all employees on how to ask patrons to refrain from smoking.

Employers must also (more…)

Every Oregon employer should update their labor law posters before New Year’s Day.

The 2008 Oregon labor law posters contain some important changes. Naturally, the state minimum wage increases on January 1, 2008. This year’s increase of 15 cents will bring the state minimum wage from $7.80 to $7.95 per hour.

In 2008, by state law, every Oregon employer is required to display the following posters:

• Unemployment Insurance 
• Workers’ Compensation 
• Minimum Wage 
• OSHA - Health and Safety Protection 
• Family/Medical Leave Act

Popular locations for posters include break rooms, beside the employee time clock or in other employees-only areas.

In addition, Oregon employers are required to display a number of federal labor law posters including:

• USERRA - Uniformed Services Employment and Reemployment Rights Act 
• Equal Employment Opportunity is the Law 
• Federal Minimum Wage 
• Employee Polygraph Protection Act 
• Family and Medical Leave Act 
• OSHA-Job Safety & Health Protection

For the past two years, the Oregon minimum wage has been the second highest in the nation. In 2008, it will go to the fourth highest, when California and Massachusetts increase their state rates from $7.50 per hour to $8.00 per hour. This is just one of the changes that will be reflected in the new labor law posters for the year.

Oregon labor law posters serve as a handy reference on a wide range of topics, from unemployment benefits to child labor laws.

Labor law posters provide important information for employees and supervisors alike. For example, from state to state, the laws controlling minimum wage for tipped workers and overtime pay show a wide variation. Complete updates are available on each state’s labor law posters.

States either have no overtime law, in which case they follow the federal law, or they pass laws building on or mirroring the federal law.

Federal law offers a premium of 1.5 times the normal hourly rate for any time over 40 hours. States without their own laws include Delaware, Arizona, Idaho, Georgia, and Florida. Workers not normally covered by federal overtime law are not entitled to overtime in these states.

Nebraska mirrors the federal law but extends coverage to all businesses with 4 or more employees. Illinois, Massachusetts, and Michigan also mirror federal law – 1.5 times normal after 40 hours. But Kansas’ overtime does not kick in until 46 hours, and Minnesota’s not until 48.

Kentucky provides overtime after 40 hours or on the 7^th consecutive workday regardless of number of hours. In Colorado, it kicks in after 12 hours in a day or 40 hours in a week. Only restaurant and hotel workers may collect overtime on the 7^th consecutive day of work in Connecticut.

California has the most generous plan. Employees get overtime after working 8 hours in a day or 40 hours in a week. Anyone working 7 consecutive days gets overtime on the 7^th day. Double-time is paid after an employee works 12 hours in a day, or after 8 hours on the 7^th consecutive work day.

The federal minimum wage for tipped employees is $2.13 an hour. Kentucky, Indiana, and Nebraska among others follow the federal law. Some offer slightly higher rates – North Carolina at $2.43, Wisconsin at $2.33, Michigan at $2.65, and Massachusetts at $2.63.

Kansas’ rate is only $1.59 an hour for tipped employees.

Washington State offers no tip credit. There, tipped employees will get $8.07 an hour starting January 1. Hawaii’s tip credit is 25 cents. In other words, tipped employees get $7 an hour instead of the usual $7.25. Colorado tipped workers will get $4.02 in 2008.

All of these changes will be reflected in the labor law posters for the appropriate states.

Labor laws across the nation saw a lot of changes during 2007. As the New Year approaches, businesses should take the time to ensure that their labor law posters reflect these changes.

Oklahoma employers need to understand that many of the changes apply to them as well, and that their posters need to be updated.

The updated list of 2008 Oklahoma labor law posters include:

• Unemployment Insurance
• Workers’ Compensation
• Minimum Wage
• OSHA - Health and Safety Protection
• Family/Medical Leave Act

These posters must be displayed by every employer in the state of Michigan. In addition, federal law requires that employers display a number of posters related to nationwide statutes.

The 2008 labor law posters required by federal law are:

• OSHA-Job Safety & Health Protection
• USERRA - Uniformed Services Employment and Reemployment Rights Act
• Equal Employment Opportunity is the Law
• Federal Minimum Wage
• Employee Polygraph Protection Act
• Family and Medical Leave Act

One of the major changes during 2007 related to minimum wage. The federal minimum wage, as a result of the Fair Minimum Wage Act of 2007, went from $5.15 to $5.58 per hour. Nearly a dozen states increased their minimum wage on the same day.

Also, during the 2007, several other states, including Utah, Washington, Oregon, and West Virginia increased their state minimum wage.

The most common reason for employers to update posters includes statute changes, especially to minimum wage laws. In just the past few months, employers in New Hampshire, Nevada and Maine have updated their labor law posters as the state minimum wages changed. The most recent increase was on October 1, 2007 when the New Hampshire minimum wage increased to $6.50 per hour. 

A number of changes in 2008 will require employers to update their posters during the year.  The federal minimum wage will jump from $5.85 to $6.55 on July 24, 2008. On the same day, the states that raised their minimum with the last bump in the federal minimum wage will enact increases again.

More than a dozen states will increase their minimum wages on January 1, 2008. These include Delaware, Oregon, Washington, California, Florida, Iowa, New Mexico, Massachusetts, Vermont, Colorado, Arizona, Missouri, Montana and Ohio. The lowest rate to be increased is in Montana, where the state minimum wage will increase from $6.15 per hour to $6.25. In Missouri and New Mexico, the state rate will go to $6.50.

After the increase, the nation’s highest minimum wage will be in Washington state, where the minimum wage will be $8.07 per hour. Both California and Massachusetts plan increases to $8.00 per hour, while the state rate in Oregon goes to $7.95.

Employers are required by law to ensure that all labor law posters for 2008 are up to date. Failure to comply with the law can result in a fine for the business.

One of the major changes during 2007 related to minimum wage. The federal minimum wage, as a result of the Fair Minimum Wage Act of 2007, went from $5.15 to $5.58 per hour. Nearly a dozen states increased their minimum wage on the same day.

Both state and federal law require that every employer prominently display the posters in an area where they can be seen by every employee. Popular locations are a bulletin board, near the time clock or in the break room. The most common reason for employers to update posters includes statute changes, especially to minimum wage laws.

In just the past few months, employers in New Hampshire, Nevada and Maine have updated their labor law posters as the state minimum wages changed. The most recent increase was on October 1, 2007 when the New Hampshire minimum wage increased to $6.50 per hour.

Employers may not be as conversant with the USERRA regulations as they thought. In particular they may not realize that there are exceptions to the five year limit on civilian job protection.

With the recent release of the final USERRA regulations by the Dept. of Labor, this is a good time to replace your Oregon USERRA poster to make sure that it is displaying correct and up to date information.

The regulations state that an employer covered by USERRA is entitled to have their civilian job held open for them for up to a five year period. However, there are exceptions to this regulation. If a soldiers’ initial enlistment lasts for five years or over, they may still be entitled to have their civilian job protected. USERRA regulations now state specifically that duration, nature, timing and frequency of a person’s individual service are not relevant. What is relevant is that the basic criteria for eligibility are met.

The regulations cover people who serve in the National Guard or Reserve. Included are people who are members of the Army, Air Force or Navy reserve and veterans. They are entitled to job protection under the Uniformed Services Employment and reemployment Rights Act of 1994.

Workers who serve with the military are still entoleted to the five year job protection regulations. These state that if called away on military service, an employee is entitled to have his or her civilian job held open for them for up to five years. Additionally, they may also be entitled to benefits and salary increases that they would have received if they had remained in their job for the same period of time.

If you are making a claim under USERRA, then the Veterans’ Employment and Training Service, affectionately known as VETS, is able to provide assistance in making your claim. This is a division of the U.S. Department of Labor, and now, federal government employees have been added to the list of those who can receive this assistance.

In keeping with the theme that we started earlier with the in depth look at state compliance and labor law posters, let’s move on to the Oregon Labor Law Posters. There actually have been some pretty important developments with one of the postings in the Oregon Labor Law Posters, so we can home in on that one to begin with.

Beginning in January 2007, the minimum wage posting for the Oregon Labor Law Posters will be changed because of a raise in the state minimum wage. The Oregon Labor Commissioner, Dan Gardner, reported that the minimum wage will go up 30 cents per hour starting in 2007, to make room for cost of living increases.

The new minimum wage will come to $7.80, from $7.50 before. The Oregon minimum wage had already been the second highest in the nation. Oregon sees itself as leading the way when it comes to increasing the minimum wage to meet the needs of its workers. For employers, they should make sure that the minimum wage posting in their Oregon Labor Law Posters will reflect these changes.

It is interesting to note that the Oregon minimum wage increase has only been done in similar fashion in nine other states for 2007. Both California and Massachusetts increased their minimum wage to more than $8 starting in 2008. Only 23 states total in the Union, including the District of Columbia, have minimum wages higher than the federal minimum wage, which is $5.15.

It was in November of 2002 that voters in the state of Oregon helped to make this new minimum wage posting, which will be included in the Oregon Labor Law Posters, possible. They voted in the so-called Ballot Measure 25, which makes certain the minimum wage in the state is adjusted up with inflation, based on figured in the Consumer Price Index.