Oregon Bans Criminal-Record Questions for Applicants
Oregon enacted a measure to “ban the box” by prohibiting employers from asking a job applicant about any criminal convictions on an employment application or before an initial interview.
[wc_divider style=”dashed” line=”single” margin_top=”” margin_bottom=””]Beginning January 1, 2016, employers in Oregon will have to save their questions about candidates’ criminal records until the job interview.
Although Oregon’s new ban the box law (HB 3025) makes it illegal to use job applications or other pre-interview screening tools to eliminate candidates based on criminal records, the law allows employers to ask questions about criminal convictions during interviews, a time when the applicant can offer an explanation.
The law includes exemptions for employers who are subject to federal, state or local laws that require the consideration of an applicant’s criminal history, for example in law enforcement or a criminal justice agency, applications can ask about the applicant’s criminal background.
Statewide enactments of Ban the Box were made in Georgia, Hawaii, Massachusetts, Minnesota, New Jersey, and Rhode Island. The cities of Seattle, Washington; Buffalo, New York; Philadelphia, Pennsylvania; and Newark, New Jersey have all enacted some form of Ban the Box legislation as well.
Oregon Ban the Box Posting Requirement
GovDocs Compliance Research Counsel, Anne Jakala, Esq., said the law will require monitoring for a posting requirement.
“Other States and Cities with similar ban the box laws also have corresponding postings that employers must display. However, the Oregon legislation does not have an explicit requirement for posting a workplace notice. GovDocs will clarify with the State.” – Anne Jakala, Esq.
For more information on Ban the Box, check here.
[wc_divider style=”solid” line=”single” margin_top=”” margin_bottom=””] [wc_divider style=”solid” line=”single” margin_top=”” margin_bottom=””]West Virginia: New Wage Payment and Collection Posting
West Virginia released updates to its Wage Payment and Collection Act which are required for all workplaces effective June 11, 2015.
[wc_divider style=”dotted” line=”single” margin_top=”” margin_bottom=””]West Virginia recently amended the West Virginia Wage Payment and Collection Act (WPCA) which establishes when and how often wages must be paid, making it comparable to similar statutes in other states. The new amendments:
- Give employers the opportunity to supply newly released employees with their final paycheck on or before the next regularly scheduled payday versus the previous deadline of 72 hours.
- Reduced the amount of damages an employee is able to receive when they do not receive their final paycheck within the required timeframe, from three times to two times the unpaid amount.
- Changed the frequency employers in West Virginia need to pay their employees. Employers are now required to pay their employees at least twice every month, with no more than 19 days between paydays.
There were no changes to the time requirements for employees who quit, are suspended as part of a labor dispute, or are laid off.
According to GovDocs Compliance Research Counsel, Anne Jakala, Esq., employers must display the updated posting in a conspicuous location. The new posting is included as part of the West Virginia Poster Compliance Package, which contains workplace postings required for West Virginia employers:
- Unemployment Benefits
- Notice to Employees (Workers’ Compensation)
- Minimum Wage
- NOTICE: The West Virginia Human Rights Act (Discrimination)
- Wage Payment and Collection
- Parental Leave
- H. B. 4140 Meal Breaks Poster
Oregon: New State and City Paid Sick Leave Laws
Employers in Oregon need to know about a new statewide Paid Sick Leave law and its effect on similar measures in Portland and Eugene.
The State of Oregon enacted a Paid Sick Leave law that takes effect January 1, 2016, and it may trump similar laws at the municipal level in Oregon.
- Portland already has a similar law in effect – the Portland Protected Sick Time Ordinance. The new Oregon State law will incorporate Portland’s rules into it by carving out exceptions for cities with over 500,000 in population. Portland’s notice is applicable until January 1, 2016. After January 1, it is believed that the State law requirements will be applicable and the Portland rules & posting will be repealed.
- Eugene had passed a city Paid Sick Leave ordinance that was set to be in effect on July 1, 2015, however the State bill explicitly preempts all local governments’ sick leave requirements and Eugene’s ordinance will be repealed.
Oregon Paid Sick Leave Posting Requirements
The law requires a written notice to be provided to employees regarding the requirements of the new Oregon Paid Sick Leave law. However, GovDocs Compliance Research Counsel, Anne Jakala, Esq. said there is no language explicitly defining whether that notice must be posted or provided in person.
“We anticipate the Oregon Bureau of Labor and Industries is expected to provide a template notice, but GovDocs will continue to monitor the Bureau of Labor and Industries for the release of any further clarification regarding this law.” Anne Jakala, Esq.
U.S. City Posting Requirements
More than 40 municipal governments in the U.S. have issued notices that employers must display in workplaces – and the trend is increasing. Cities like San Francisco, Seattle, Albuquerque, and Philadelphia have all issued ordinances that affect workers in those cities with corresponding labor law postings.
GovDocs provides ongoing labor law posting compliance coverage for North America’s largest employers. Under our Update Program, employers receive the latest Federal, State, and City required postings automatically and at no extra charge. This takes the guesswork out of posting compliance for large companies with locations in multiple cities and states.
Rhode Island Raises 2016 Minimum Wage
Minimum wage workers in Rhode Island will receive a six percent increase on their paychecks in 2016.
[wc_divider style=”dotted” line=”single” margin_top=”” margin_bottom=””]The State of Rhode Island enacted a new law raising the State’s minimum wage to $9.60, effective January 1, 2016. The current Rhode Island minimum wage rate is $9.00 and will remain in effect until December 31, 2015.
The 2016 increase represents the eighth increase since Rhode Island implemented a State minimum wage in 1999.
[wc_box color=”danger” text_align=”left”]BREAKING NEWS – CHICAGO RELEASES MINIMUM WAGE POSTING EFFECTIVE JULY 1, 2015
[/wc_box]Rhode Island Minimum Wage Notice Requirements
According to GovDocs Compliance Counsel, Anne Jakala, Esq., the State’s posting requirement hasn’t changed – just the minimum wage amount.
“The amendment to the Rhode Island minimum wage law doesn’t specifically address posting the new minimum wage rate; however, Rhode Island’s existing statutes require the posting of minimum wage orders by employers in a ‘conspicuous and accessible place’.” (Title 28 §28-12-11)
GovDocs expects the State to release the updated minimum wage posting later in the year. The existing posting law does not require this posting in any other language than English.
The Rhode Island minimum wage notice is part of the GovDocs Rhode Island Compliance Package, which includes postings required for Rhode Island workplaces:
- Workers’ Compensation Act
- Discrimination
- Notice To All Employees (Unemployment & Disability Insurance)
- State Minimum Wage Poster
- Parental & Family Medical Leave Act
- Ignoring This Poster Can Be Hazardous To Your Health (Right To Know)
- Sexual Harassment In Employment
- Whistleblowers’ Protection Act
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