Effective July 1, 2010 a new Oregon law limits how an employer may use an employee’s credit history. The new law prohibits discrimination against employees with bad credit history. The law applies to any employment action including hiring, promotion, demotion, termination, retaliation, etc.
Use of a credit report to select applicants has become a thorny issue in the past two years, as many competent employees have been laid off and unable to pay their bills. Others were caught in an upside-down mortgage when the real estate bubble burst, and in extreme cases have had a home foreclosure or declared bankruptcy. The law was passed because Oregon legislators believe that depriving these people of jobs is not in the state’s best interest.
Under federal regulations, an employer can consider a worker’s credit history when making hiring decisions for positions of responsibility, usually assumed to mean for management positions. The assumption is that someone with a poor credit history displays bad judgment in his or her personal life, and would not be any better at handling the employer’s money.
Tipped Oregon food service workers over the age of 18 may opt out of their required 30-minute meal breaks if they like. The employee must complete a waiver form, available in English or Spanish from the BOLI website.
Employers cannot require an employee to waive breaks, or coerce employees to do so under the new regulations. Either the employer or the employee can revoke the waiver at any time by written notice.
However, if the employer has a signed, non-revoked waiver on file, the employee (more…)
Under the Oregon meal break law, employers must provide a meal break of 30 minutes or more to any employee who works more than 6 hours. Employees who work less than 6 hours are not entitled to a meal break.
However, under this new law, employers are still permitted to have management and sales employees sign non-compete agreements. The agreements limit the employee’s ability to work for a competitor, at least for a period of time.
The law set limits on the (more…)
Former Oregon Labor Commission Dan Gardner originally sponsored the bill to “turn back the recent expansion of non-compete agreements against” hourly and non-management workers. Commissioner Gardner cited the use of such agreements with parking lot attendants, call center operators and home cleaning service workers as excessive.
“There is a dangerous expansion in (more…)