labor lawAdivision of labor law center

Under new regulations issued by the Oregon BOLI or Bureau of Labor and Industries, food servers can opt to waive their unpaid meal breaks, but not their paid rest breaks.

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…)

The Oregon Bureau of Labor and Industries or BOLI recently issued a new rule clarifying regulations on meal breaks in situations where it is impossible for an employee to be relieved of all duties.

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.

Generally, the Oregon meal break must be at least 30 minutes long, and the employee must be relieved of all duties during that period. The meal break may be unpaid.

As in several other states, Oregon permits exceptions to meal breaks (more…)

The Oregon non-compete law prohibits noncompetition agreements between employers and hourly workers, in almost all cases.

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.

Such non-compete agreements – even voluntary ones – are illegal when applied to hourly or salaried non-exempt employees under Oregon law.

The law set limits on the (more…)

A little-known Oregon law that went into effect in 2008 sets limits on the non-compete agreements so popular with employers.

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…)

One of the major concerns for the Occupational Safety and Health Administration (OSHA) in Oregon and throughout the country is violence in the workplace. Sadly, homicides make up a major portion of that violence. According to the Bureau of Statistics, over 200 murders occurred on the job in the early 1990s. The number has decreased over the years, with 94 murders reported in 2006, but homicides are still a major factor.

OSHA defines violence as threats, verbal abuse, physical abuse, assault or homicide and is concerned about both workplace violence and the threat of violence against workers. Over 2 million Americans are victimized by workplace violence every year, blue collar workers and professionals alike. OSHA recommends several steps to help prevent violence on the job.

OSHA suggests equipping workers with cell phones and hand-held alarms, providing a safe drop for employees so less cash is on hand, and installing alarms, additional lighting and video surveillance cameras.

All employers should also establish an antiviolence program in the workplace. Detailed safety measures should be provided in writing to the employees (normally in the employee handbook), and all workers should be trained how to prevent and how to react to violent scenarios.

Zero tolerance by employers toward workplace violence is especially helpful as a deterrent. Companies need to ensure that all workers understand the antiviolence programs and know that violent incidents should be reported immediately. Businesses are required to promptly investigate and remedy these scenarios.

Unfortunately, certain occupations put workers at higher risk for violence, particularly jobs where employees deal with the public. These occupations include utility workers, cab drivers, mail carriers (and all workers who deliver packages, goods and services), and employees who provides social services (healthcare workers, social workers probation officers).

As a safety measure, outside salespeople and others who work away from an office should file their work plan with their employer and call in on a regular basis with their whereabouts.

For further information, employers can contact the National Institute for Occupational Safety and Health (NIOSH) to obtain material on preventing workplace violence.

OSHA Oregon Worker Safety

Safety in the workplace comes under the jurisdiction of OSHA (Occupational Safety and Health Administration). One of the major concerns of OSHA is violence in the workplace.

OSHA defines violence as ranging from threats to physical assault and even homicide. When a violent incident occurs, even if the employee doesn’t think the threat is serious, the incident should be reported and investigated immediately. The General Duty Clause of OSHA requires employers to provide a safe and healthy work environment and will impose severe penalties upon employers that fail to comply.

When a worker is exposed to violence or threat of violence, employees should get the worker medical attention. Next, the police need to be notified and the employee must be advised of his or her legal rights to press charges against the perpetrators.

Among the coworkers, a counseling session or stress debriefing session should be set up, along with a meeting to discuss the attack and how to prevent future assaults.

These measures should already be a part of the company’s safety and antiviolence programs, and should be practiced just like a fire drill. Each worker needs to know how to recognize and how to report threats of violence.

Employers should also encourage employees to follow certain steps to help protect against violence both in the workplace and out of it. When dealing with the public, workers should limit cash on hand and carry only required I. D. Employees traveling alone, particularly to an unfamiliar site or scenario, should take pains not to arrive late at night.

Employees should report an incident as soon as it occurs, including maintenance and security issues. A fire door that doesn’t close completely or a lost electronic key card can be a threat to the work environment, too.

Reporting even the smallest incident can help prevent future ones, because workers who escalate to violent behavior against coworkers often give warning signs. An employee who verbally abuses a coworker, destroys company property or pokes a colleague in the arm might be foreshadowing problems to come.