A gas station in Molalla advertises for attendants. New laws in Oregon are set to expand protections for workers in Oregon’s private and public sector. (Photo by Lynne Terry/Oregon Capital Chronicle)
Oregon workers have a range of labor rights that make up some of the strongest worker protection laws in the nation. And under a new set of laws passed earlier this year by the Legislature, the list of rules employers must follow continues to grow.
Some will take effect as soon as Friday, including a law prohibiting prospective employers from asking candidates’ age or date of graduation and one expanding labor rights protections for those awaiting appeals for paid leave benefits. The reforms come alongside other new policy changes and court rulings which have strengthened the state’s sick leave protections and expanded the scope of its wage theft investigations.
It’s a bright spot for workers in a year when Oregon’s annual minimum wage increase registered at 35 cents, the smallest rise in the past decade. Under federal and state law, employers in the state already must post signage regarding issues such as family and medical leave, overtime, breaks, workplace safety regulations, sexual harassment policies and sick time.
Oregon law goes one step further in requiring other employer-specific policies, such as mandating that employers with six or more employees clarify that discrimination against individuals due to medical conditions linked to pregnancy is against the law. To help workers and employers seeking to navigate the new regulations, the Capital Chronicle has compiled a list of some recent reforms, new laws and court decisions.
Labor and industries bureau expansion
The agency responsible for enforcing many of these protections, the Oregon Bureau of Labor and Industries, has become increasingly central in Oregon labor law. State lawmakers allocated an additional $18.7 million to the agency’s 2025-27 budget in the past legislative session.
That increase marks a nearly 31% increase from the previous budget. The agency says the change will allow it to clear a backlog of cases that forced it to stop investigating wage theft claims for workers making over $52,710 annually or $25.34 per hour back in October 2024. Agency leaders plan to seek additional legislative funding for long-term agency stability in the 2026 legislative session, according to the bureau’s annual State of the Worker report released earlier this month.
“Being forced to institute the wage threshold, only being able to take claims from Oregonians in the most challenging financial situations, was the most difficult decision I’ve had to make in office,” wrote Commissioner of Labor and Industries Christina Stephenson in the report. “Removing the threshold by the end of 2025 because the Legislature invested in the Bureau’s capacity and recognized that all Oregonians deserve to have their rights enforced will be a significant step forward.”
New laws
BOLI and employer relations
One law set to take effect Friday will directly impact the bureau’s work. That is House Bill 2248, which seeks to mediate conversations and relationships between employers and the labor and industries bureau. The law creates a formal division of employer assistance inside the bureau to provide opinions to employers seeking to comply with state employment laws. The measure specifies that employers relying upon such communications in good faith cannot be punished with penalties by the agency.
Age discrimination
Regardless of their age, Oregonians can expect to see protections from House Bill 3187, which will take effect Friday and prohibit prospective employers from inquiring about a candidate’s age, birthday and time of attendance or graduation from an educational institution. The law applies until an employer completes the interview or makes a job offer. It exempts requests for age-related information if an employer needs to “affirm the applicant meets bona fide occupational qualifications.”
Paid leave protections
Another piece of legislation involves Paid Leave Oregon, a program created in 2019 which came under the purview of the labor and industries board through this year’s passage of Senate Bill 69. The law guarantees individuals appealing their Paid Leave Oregon benefits can still file a complaint to the bureau while they are in the process of finding out if they will receive benefits. The law allows the use of sick time for any purpose that qualifies for Paid Leave Oregon, which would include family or medical leave.
Blood donations and sick time
Senate Bill 1108, which goes into effect in January, allows workers to use sick time off to participate in an accredited voluntary blood donation program, such as one run by the American Association of Blood Banks or American Red Cross.
Payroll, salary changes
Two new laws will also apply specifically to public employers in the state by January. Senate Bill 731 will require public employers that offer pay bumps for bilingual or multilingual employees to also do the same for American Sign Language speakers.
And employers can now take advantage of Senate Bill 968 to deduct overpaid wages within the past year as long as they give notice to employees at least 10 calendar days in advance. Employers must give written statements itemizing the overpayments and explaining the deductions with the option of recuperating the balance owed from an employee who is terminated. The law limits deductions to 5% of an overall paycheck unless employees request otherwise.
Court cases involving injuries, sickness
Two major wins for workers involved cases in which plaintiffs were dealing with serious conditions that impacted their health. In a Thursday decision from the Oregon Supreme Court, the justices upheld the Oregon Court of Appeals overruling of a state Workers’ Compensation Board decision. The agency had denied an independent examination to a man working in a meat snack company who sustained back injuries.
A doctor selected by his employer’s insurance company found no link between the injury and his job, instead suggesting it was a pre-existing condition. His own doctor disagreed, and the Oregon Supreme Court found that he was erroneously denied an independent exam by the compensation board.
Another case involves the prospect of retaliation and right to seek sick leave. Workers in the state get at least one hour of protected sick time for every 30 hours of work for up to 40 hours per year. Sick leave in Oregon is not required to come with compensation unless an employer in the state has 10 or more employees, though that changes in Portland to employers with six or more.
Accessing those benefits could become easier after a recent Sept. 10 ruling in the Court of Appeals favoring a worker in a Lane County dental office who was fired after being diagnosed and treated for breast cancer.
Richard Myers, her attorney, told the Capital Chronicle that the case emphasizes how employers must not retaliate against individuals seeking sick leave even if they end up not qualifying for it. Disability accommodation requests for leave should also be met with understanding especially when an employee is dealing with a serious medical condition, he said.
“This has been a long fight for my client and she’s very pleased that the court of appeals found in her favor,” Myers wrote in an email. “The decision from the court is not only a win for my client but also a win for Oregon workers.”
