On January 1, three key employment law changes took effect in Oregon. As an HR or hiring manager, it is important to stay abreast to these changes to be sure your company is fully compliant.
While not every law will impact every company in the state, having awareness of these updates may help you as you craft and execute your strategic staffing strategy.
Employee Right to Inspect Pay and Time Records
As of January 1, 2017, SB 1587 requires employers to allow employees or former employees to inspect time and payroll records. Employers have 45 days to comply with an employee or former employee’s request to inspect these records. Time records must be available for the previous two years; payroll records must be available for the previous three.
To ensure compliance, make sure your company’s time and payroll records are organized, up to date and easily accessed. Create a procedure for staff to follow when responding to a request for time and payroll records information.
Additional Detail Required on Itemized Paystubs
SB 1587 also requires itemized paystubs to include the following information after January 1, 2017:
- Payment date
- Work dates covered by the payment
- Employee name
- Employer name, business registry or business identification number, and address and telephone number
- Rate(s) of pay
- How pay is determined (hour, shift, day, week, salary, piece, commission, etc.)
- Gross and net wages
- Deductions made, including amount and purpose of each
- Allowances claimed as part of minimum wage (if any)
- Regular and overtime rates of pay and hours worked for each (unless employee is exempt)
- Rate(s) of pay, number completed and total pay at each rate for piece work
Ensure your business complies with these requirements by updating paystubs to include the required information.
Additional Whistleblower Protection for Employees of Public Employers and Nonprofits Receiving Public Funds
Under the terms of HB 4067, which also goes into effect on January 1, public sector employees and employees of nonprofits that receive public funds may “whistleblow” by revealing information related to their employer’s violation of federal, state or local law, if the employee accessed that information lawfully.
For protections to apply, the disclosure must be made in good faith, be objectively reasonable and be made to a state or federal regulatory agency, a law enforcement agency, a manager employed by the employer or an attorney who is licensed in Oregon, in relation to legal services that attorney is providing to the employee (such as legal advice or representation). Disclosures must comply with applicable federal privacy laws, such as HIPAA and FERPA.
The recruiters at TERRA Staffing Group focus on helping our clients navigate employment law changes while finding the people they need for the challenges ahead. Leverage our industry and market knowledge to help you ensure that your company’s strategic staffing plan is crafted to achieve the best results.
Find one our branches today to learn more about our staffing services in Phoenix, Seattle and Portland.
My brother has been thinking about starting a business, but he’s a big planner and likes to look into every scenario that could be a problem, including working with or against a labor lawyer. I like how you talked about making sure that time and payroll cards are organized and easily accessible, which I think is great advice to help him avoid future problems with a labor lawyer. Maybe he could hire a labor lawyer when he starts the business to help him set things up that would avoid problems! Thanks for the information!