Click Your County for an Employment Lawyer in Oregon

Have Your or Are Your Employment Rights Being Violated in Oregon?

THE MOST IMPORTANT THING YOU NEED TO KNOW ABOUT EMPLOYMENT RIGHTS

Time is extremely limited when it comes to taking legal action regarding employment discrimination claims!

In general, as per the Federal anti-discrimination laws, you need to file a charge within 180 calendar days from the day the discrimination took place.  Holidays and weekends are included in the calculation, although if the deadline falls on a weekend or holiday, you will have until the next business day.  If you don’t file within 180 days, you will have no case.  Don’t waste another day!  Contact us TODAY to get connected with an Oregon attorney specializing in Labor and Employment law!

Exceptions

The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis.  These agencies are usually called Fair Employment Practices Agency (FEPA).

Specific to Oregon:

In the State of Oregon, an individual has 300 days from the date of alleged harm to file a charge with the EEOC against an employer with 15 or more employees for discrimination based on race, color, national origin, sex, religion, and/or disability. An individual also has 300 days from the date of alleged harm to file a charge with the EEOC against an employer with 20 or more employees for discrimination based on age in these States.

Charges against employers of less than 15 employees (for race, color, national origin, sex, religion, and/or disability) or less than 20 employees (for age) must be filed with the appropriate state or local agency within the time limits prescribed by state or local laws. In the State of Oregon, the time limit is 365 days to file with the Oregon Bureau of Labor & Industries

Federal vs. State and Local Laws

In most cases, State and Local governments do not have separate laws or statutes regarding discrimination and harassment, but instead rely on Federal law. Some State and Local governments also have additional laws on discrimination regarding types and sizes of employers that are accountable and types of discrimination and harassment that are illegal. However, this does not mean you need a “Federal” lawyer. Our Oregon lawyers are able to represent you under these Federal laws.  Contact us today to be connected with an attorney who knows all the ins and outs of Labor and Employment Law in Oregon who can manage your case.  As you can see, this is a very complicated process and obtaining legal assistance from an experienced attorney is the best way to go right from the start.

Has Any of This Happened to YOU?

The Federal illegal types of discrimination committed by employers against employees when hiring, on the job, promoting, and terminating are below.  If more than one person is discriminated against or harassed in the same way by the same employer, a Class Action Lawsuit can also be considered (see our next section on Class Action Lawsuits).

Age Discrimination involves treating someone (an applicant or employee) less favorably because of his age. The Federal Age Discrimination in Employment Act (ADEA) forbids discrimination against individuals who are age 40 or over. It is also unlawful to harass a person because of his or her age.

Disability Discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because s/he has a disability.

Equal Pay/Compensation Discrimination.  The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. The jobs need not be identical, but they must be substantially equal.

Genetic Information Discrimination.  Under Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits genetic information discrimination in employment, it is illegal to discriminate against employees or applicants because of genetic information.

Harassment.  Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and the Americans with Disabilities Act of 1990 (ADA).  Harassment is unwelcome conduct that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.

National Origin Discrimination.  The law forbids discrimination regarding national origin when it comes to any aspect of employment. It is unlawful to harass a person because of his or her national origin.

Pregnancy Discrimination.  The Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy when it comes to any aspect of employment.

Race and Color Discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). Color discrimination involves treating someone unfavorably because of skin color complexion.

Religious Discrimination involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs.

Retaliation. It is illegal to fire, demote, harass, or otherwise “retaliate” against people (applicants or employees) because they filed a charge of discrimination, because they complained to their employer or other covered entity about discrimination on the job, or because they participated in an employment discrimination proceeding (such as an investigation or lawsuit).

Sex (Gender) Discrimination in violation of Title VII involves treating someone (an applicant or employee) unfavorably because of that person’s sex, if that person is transgender (gender identity discrimination), lesbian, gay, or bisexual.

Our experienced Oregon lawyers specializing in Labor and Employment Law would be happy to help you explore your options and, most importantly, take the right actions to prove YOUR case. Contact us today!

Discrimination Laws Specific to Oregon

These Types of Employers:  public and private employers, employment agencies, labor organizations

Discrimination Prohibited Based On:  race, religion, color, gender, national origin, marital and familial status, age, disability, expunged juvenile record, pregnancy, injured workers, retaliation, requiring submission to breathalyzer test, lie detector, genetic testing, use of legal tobacco during non-working hours, person with a degree in theology or religious occupations, domestic violence, credit history, domestic violence, unemployment status, military service

CLASS ACTION LAWSUITS

Employers must obey state laws regarding the following:  equal pay, minimum wage, minimum overtime wage, meals and rest breaks, final paycheck, paying accrued vacation time or PTO (Paid Time Off) at severance of employment, and sick time.  If your employer has violated any of these laws and it’s just you, you should contact your state Department of Labor and make a complaint.  You should also contact us to find a Labor and Employment lawyer because if s/he takes your case, they can demand that the Employer turn over all pertinent employee records to see if other employees are being treated unfairly too. If this is found, the lawyer can request trying the case as a Class Action lawsuit with you as the primary plaintiff. If you already KNOW that your employer treats other employees this way too, definitely contact us to speak with an Oregon Labor and Employment attorney!

Here are the standards for Oregon:

Equal Pay for Equal Work:  Private and public employers, except for the federal government, may not discriminate between the sexes in the payment of wages for comparable work on jobs of comparable character nor may they pay lower wages to employees of one sex than they pay to employees of the opposite sex.  Differentials paid based on seniority or merit systems or based in good faith on factors other than sex, are permitted. No employer may discharge or discriminate against any employee for taking any action to invoke or assist enforcement of this law.

Aggrieved employees can sue to recover backpay up to one year, plus an equal amount in liquidated damages, plus attorneys fees.  An agreement to pay wages in violation of this law is not a defense. (O.R.S. §§ 652-220 et seq. and 652.990)

Minimum Wage:  $9.25

Minimum Wage for Tipped Employees:  $9.25 (see below)

Oregon Under 20 Minimum Wage – $4.25 – Federal law allows any employer in Oregon to pay a new employee who is under 20 years of age a training wage of $4.25 per hour for the first 90 days of employment.

Oregon Student Minimum Wage – $7.86 – Full-time high school or college students who work part-time may be paid 85% of the Oregon minimum wage (as little as $7.86 per hour) for up to 20 hours of work at certain employers.

Oregon Tipped Minimum Wage – $9.25 – Employees who earn a certain amount of tips every month may be paid a special cash minimum wage, but must earn at least $9.25 including tips every hour.

Additional Information on Minimum Wage:  Oregon’s minimum wage is adjusted yearly for inflation by a calculation using the U.S. City Average Consumer Price Index for All Urban Consumers for All Items. The wage amount established with this index is rounded to the nearest five cents.

Oregon allows employers to make fair deductions from employee’s wages for meals and lodging, but paying sub-minimum wage rates to tipped employees is not permitted.

Minimum Overtime Wage:  $13.88.  This figure is based on the minimum wage. If you earn more than the minimum wage, you must be paid at least 1.5 times your regular hourly wage for overtime. If you are paid on a salary basis, not on an hourly basis, your employer must break down your annual salary into the hourly rate it equals and pay you at least 1.5 times that figure for overtime.  (Exception:  if you are an Exempt employee rather than a Non-Exempt employee, you are not eligible for overtime.)

Overtime Begins:  There is no daily overtime limit.  Weekly overtime is after 40 hours in a single week.

Additional Information on Overtime:  Overtime pay required after 10 hours a day in non-farm canneries, driers, or packing plants and in mills, factories or manufacturing establishments (excluding sawmills, planning mills, shingle mills, and logging camps).

Meal and Rest Breaks:

Meal Period Requirements

Employers in Oregon must provide an appropriate meal period of at least 30 minutes for each work period of not less than six nor more than eight hours.

The meal must be taken between the second and fifth hour worked (if the work period is seven hours or less) or between the third and sixth hour worked (if the work period is more than seven hours) and the employee must be relieved of all duties.

A period in which to eat while continuing to perform duties or remain on call, but which is not deducted from hours worked, is permitted only where the nature of the work prevents the employee from being relieved of all duty.

Tipped Employees.  Tipped restaurant workers in Oregon have the option of waiving their meal period. However, employers can not force an employee to waive the meal period.

Meal break requirements may be modified by the terms of a collective bargaining agreement entered into by employees that specifically prescribes rules concerning meal and rest periods.

Rest Period Requirements

Employers also must provide rest periods of at least 10 minutes without deduction from pay for every four hours or major part thereof worked in one work period.

The period of rest must be in addition to the usual meal period, and insofar as possible should be taken approximately in the middle of each work period.

The Wage and Hour Commission may make exceptions for good cause shown.

Meals and Breaks for Minors.  Special meal and rest period rules apply to minor employees under the age of 18 and under the age of 16. Oregon labor laws require paid 15-minute rest periods every 4 hours for minors.

Final Paycheck Deadline(s):

If employee is fired:  End of first business day after termination.

If employee quits:  Immediately, if employee has given 48 hours’ notice (excluding weekends and holidays). Without 48 hours’ notice, within five weekdays or the next payday, whichever occurs first (must be within five weekdays if employee submits time records to determine wages due). (Or. Rev. Stat. § 652.140)

Accrued Vacation Pay at Time of Severance From Employment:  Unused vacation must be paid if employer policy is to pay.  (It is a good idea to KEEP Company Handbooks, Job Offer Letter, and any other written or emailed references to accrued vacation pay in case you need these documents for proof upon termination.)

Paid/Unpaid Sick Time:  Oregon has no state statute. However, Portland and Eugene have their own municipal level sick time laws.

*****

If you are the victim of discrimination or any of the above violations of employment law has affected you and your coworkers, contact us to be connected with a Labor and Employment attorney near you in Oregon today!