These and other new requirements apply to any employer with employees in Oregon and require new approaches to employment-related agreements and practices. The law comes into force 91 days after The legislator adjourned in June 2019 and changes to the existing limitation period begin at that time. Additional requirements will come into effect on October 1, 2020. We will also discuss this and other laws in our June 25 webinar on new legislation in Oregon. If, as an employee, you need help assessing and negotiating severance pay, contact a Portland labor attorney at HKM. In addition, the law provides that Oregon employers can require that employees who are “legally mandated” receive reports of such prohibited behavior to maintain the confidentiality of those reports. The law does not specify which employees are “legally required” to receive reports, but it does require employers to designate one or more individuals to receive complaints. Once appointed, these individuals (i.B Human Resources and Supervisors) are likely to be considered “legally mandated” to receive reports and be exempt from the prohibitions of non-disclosure agreements. Notably, however, Oregon law does not allow employers to require other employees participating in an ongoing investigation to maintain the confidentiality of conduct allegedly prohibited during the ongoing investigation. Under these circumstances, it appears that Oregon employers still express a preference — but do not require — employees to maintain confidentiality during an open investigation.
Finally, these restrictions on employment contracts do not apply to employees who are required by law to receive confidential or privileged reports of discrimination, sexual assault or harassment. Under the new law, as of October 1, 2020, employers will be able to avoid contractual severance pay obligations previously incurred for qualified executives who are fired (after a bona fide investigation) for violating the general requirements of the new law. The law does not cancel these agreements unless the employer chooses to cancel them. This section appears to be aimed primarily at the so-called “golden parachutes” that became widely used after #MeToo and resulted in high payments to accused stalkers who were fired for their behavior, but the legislature`s language is unclear and raises questions about what is covered. Prudent employers will consult a lawyer before entering into or cancelling such agreements. For more information on the OWFA, the proposed wording for settlement, departure, and separation policies and agreements, and a discussion of frequently asked questions, join our next free webinar on Thursday, September 17, 2020, where we`ll discuss these Oregon updates in more detail. Click here for more information. From 1. In October 2020, Oregon employers will also have the option to rescind so-called “Golden Parachute” provisions (i.e., lucrative and mandatory severance benefits sometimes negotiated such as the duration of employment contracts with senior executives) with executives who violate Oregon`s Workplace Equity Act.
Employers can cancel termination agreements for managers who violate discrimination or harassment policies if such violations are a significant factor in termination. One of oregon`s most anticipated new laws went into effect on June 11, 2019 and will go into effect in the fall of 2019, with some provisions going into effect starting in October 2020. It brings profound changes for all companies with employees in Oregon. Senate Bill 726, also known as the Oregon Workplace Fairness Act, deals with employment contracts, settlement and departure agreements, written policies, and employment practices. While broadly summarized as #MeToo law that aims to restrict confidentiality agreements on sexual assault, harassment, and discrimination, the scope of the final law is much broader. The OWFA also prohibits the use of non-setting language, except in certain circumstances. This wording is standardized in settlement agreements and provides that the person who signed it cannot apply for reinstatement. One of the purposes of these non-rehiring provisions is to prevent a former employee from making an unsuccessful reinstatement request and then asserting a reprisal claim. Key elements of Oregon`s Workplace Fairness Act (OWFA) will go into effect on October 1, 2020. Employers should review their workplace discrimination and harassment policies, employment contracts and settlement agreements to ensure they are compliant.
The amendment of the law seems to be a solution in search of a problem, since settlement and departure agreements are already voluntary and negotiated by employees. In any event, the new legislation does not expand the standard of “application” in this context, and it is not clear how the courts will interpret a “request” that the employee must make under the agreement. The final provisions of Oregon`s Workplace Fairness Act (OWFA) will go into effect on October 1, 2020, less than a month away. All employers operating in Oregon must make changes to their harassment policies and settlement, severance, and separation agreements to comply with the OWFA. Highlights of the sweeping legislative changes are listed below: However, an employer may enter into a settlement, termination or severance pay agreement that includes a non-disclosure, opt-out or non-hiring provision if an employee who claims to have been harmed by discrimination, harassment or sexual assault is asked to enter into an agreement with these provisions, provided that it has at least seven days to withdraw from the Agreement. and it shall take effect only after the expiry of the revocation period. Because the restrictions placed on your life can be far-reaching, an employment lawyer in Portland should always be consulted before entering into such an agreement. While the severance pay offered can be tempting, signing a contract without legal advice can cause you great difficulty, limit your employment opportunities, and interfere with your individual rights.
HKM Employment Attorneys` legal team has extensive experience in these areas and we can help you negotiate an agreement that best suits your interests. If you have not been offered severance pay, we can help you get one, and if you believe that an agreement you have already signed is unfair or contrary to public order, we may be able to help you challenge it. OWFA is trying to solve one of the problems highlighted by the #MeToo movement. Employees who had been harassed or made allegations of harassment were silenced in exchange for a settlement payment so that the harassment could continue in the shadows. The OWFA provides that Oregon employers cannot require their employees to sign non-disclosure, non-safeguard, or settlement agreements that have the “purpose or effect” of preventing employees from discussing or disclosing discriminatory behavior, including sexual harassment or assault. In addition, settlement agreements may not contain a provision that prevents the disclosure of factual information related to a complaint of discrimination, harassment or sexual assault. The Oregon Bureau of Labor and Industry (BOLI) provided a model policy available to www.oregon.gov/boli/workers/Pages/sexual-harassment.aspx. There are two exceptions to settlement agreements. First, an employee who alleges harassment, discrimination or sexual assault may request that secrecy, non-participation and non-employment be included in an agreement. The employee has seven days to withdraw from the agreement if the language is included, and it will only take effect after the expiry of this withdrawal period. Severance pay may be offered to you at the end of your employment relationship, although your employer is not necessarily legally required to do so.
Oregon does not require employers to offer severance pay to employees they fire, but requires employers to adhere to wage policies established by their company — or specific employment contracts that have been signed with individual employees — that deal with severance pay. Our law firm represents individuals and can advise your firm on the best way to deal with severance pay. As mentioned earlier, some termination agreements can significantly limit a former employee`s future employment opportunities. For this reason, Oregon courts do not always take a friendly view of these provisions — for example, overly restrictive non-compete clauses or overly broad non-disclosure agreements — in separation agreements. Having a lawyer who can help you carefully review an agreement can make a huge difference in the smooth transition of an employment relationship with a former employer. Specifically, the law provides that any agreement with “a person with the power to hire and fire employees, or the discretion to exercise control over employees that requires severance or severance pay, will be voidable by the employer if, after an investigation, the employer determines in good faith that the person has violated the Oregon Workplace Fairness Act`s prohibitions against certain confidentiality prohibitions. Non-participation or non-employment provisions or the employer`s written policy prohibiting conduct covered by law, and these violations were a “significant factor” that contributed to the separation of the person from the workplace. .