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AGENDA
- Drug testing
- Key new employment laws for 2020
Drug Testing, Paid Family Leave, and Other Employment Law Updates - - PowerPoint PPT Presentation
Drug Testing, Paid Family Leave, and Other Employment Law Updates - - PowerPoint PPT Presentation
Drug Testing, Paid Family Leave, and Other Employment Law Updates Presented by Caroline J. Livett, Stoel Rives LLP Labor & Employment Practice Group Thursday, January 16, 2020 A GENDA Drug testing Key new employment laws for 2020
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DRUG & ALCOHOL TESTING
- No Oregon laws specific to drug testing in the
workplace
- Restrictions on use of a breathalyzer
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DRUG TESTING – BEST PRACTICES
- Have a clear policy
- Articulate your standard for testing
– Random – Reasonable suspicion – Post-accident or injury
- Apply your policy fairly and consistently
- Provide advance notice
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IT’S YOUR TURN
Katie is a member of my office staff whose performance has recently declined. Based on rumors I’ve heard from other employees, I suspect Katie might be using illegal drugs, or at least
- marijuana. Can I require her to submit to a drug
test?
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MARIJUANA IN THE WORKPLACE
- Currently OK to restrict both on- and off-duty use
- f marijuana
- Treat like an illegal drug?
- Treat like alcohol?
- New legislation?
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Key New Employment Laws for 2020
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WORKPLACE FAIRNESS ACT
- Oregon’s response to #metoo
- Extends statute of limitations for most employment
claims from 1 to 5 years
- Prohibits employers from asking for confidentiality,
non-disparagement, or no-rehire terms in certain settlement agreements
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WORKPLACE FAIRNESS ACT, CONT.
- Permits employers to void severance agreements
for managers who violate harassment or discrimination policies
- Requires employers to distribute a written non-
discrimination policy with specific language to employees
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WORKPLACE FAIRNESS ACT, CONT.
Anti-discrimination policies must include:
- A description of the process to report violations
- A specific individual + an alternate to receive
reports
- Notice that employees have 5 years to pursue a
claim
- Notice that employees may not be required to
enter into a non-disclosure or non-disparagement agreement, but an employee may request those terms (and has 7 days to revoke the request)
- Advice to employees and employers on
documenting alleged violations
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PREGNANCY ACCOMMODATIONS
- Requires reasonable accommodations for
applicants and employees for pregnancy-related conditions
- Employees can’t be forced to accept an
accommodation if they don’t have a known limitation
- Employees can’t be forced on leave if other
reasonable accommodations are available
- Posting and employee notice requirements
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PREGNANCY ACCOMMODATIONS, CONT.
It’s your turn– what would you do?
– The employee who can’t lift more than 15 lbs. – The employee who needs frequent breaks – The employee who needs time off for prenatal appointments – The employee who needs to express breast milk and never works a full day
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PAID FAMILY LEAVE
- Administered by the Oregon Employment
Department
- Up to 12 weeks of paid family leave for:
– Child bonding – Employee or family member’s serious health condition – Safe leave due to domestic violence, stalking, sexual assault, or harassment
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PAID FAMILY LEAVE, CONT.
Special considerations:
- Small employers
- Definition of “family member”
- Employers who already have leave plans
- OFLA vs. paid family leave
- Calculation of wage replacement
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NOTICE OF FEDERAL INSPECTIONS
- Employers must notify employees within 3 days
after receiving notice of an upcoming federal inspection or I-9 audit
- Notice =
– Posting – Reasonable attempts to individually notify employees
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PAY EQUITY FIX
- “Safe harbor” defense expanded so long as
(1) employer has done pay equity audit within the past 3 years, and (2) employer has made “reasonable and substantial progress” toward closing wage gaps
- Okay to pay employees differently if someone is
- n light duty due to workers’ comp or another
medical reason
- “System” (as in merit or seniority system) defined
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NON-COMPETES
- Agreement is voidable unless employer provides
signed, written copy of agreement within 30 days
- f termination
- Applies to agreements entered into on or after
January 1, 2020
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MINIMUM WAGE
- As of July 1, 2019:
– Portland metro - $12.50/hour – Statewide - $11.25/hour – Non-urban - $11.00/hour
- Numbers will keep going up on July 1 every year
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