Pat Cougill, Attorney at Law 2016 Employment Law Update Pat Cougill, Attorney at Law Bend, Oregon 541-639-5835 pcougill@cougilllaw.com

AGENDA Oregon Paid Sick Leave Hourly vs. Salary Exempt and Non-Exempt Employees Non-Competition Agreements Wage and Hour Enforcement Independent Contractors vs. Employees Workers Compensation

Oregon Paid Sick Leave Effective January 1, 2016 Applies to employers who employ 10 or more employees 6 or more in cities that have 500,000 residents Applies to all employees – Counting Employees Paid vs. Unpaid Up to 40 hours of Sick Leave per year 1 hour for every 30 hours worked Accrual Date

Oregon Sick Leave Cont. New Hires Temporary Hires Qualifying Uses – Very Broad Quarterly notification Payment of sick leave upon termination Retaliation = Unlawful employment Practice Civil Penalties up to $1,000 per violation

Hourly vs. Salary Employer has the right to choose but… Minimum Wage $9.25 January 1, 2016 7/1/16 $9.75 Standard and Portland Metro $9.50 non-urban counties 7/1/17 $10.00 non-urban counties, $10.25 standard and $11.25 Portland Metro Job titles do not determine Can’t avoid obligations by providing comp time Overtime

Exempt vs. Non-Exempt White Collar Exemptions Federal Law via the Department of Labor (FLSA) Final Rule issued in May. Effective December 1, 2016 Applies to businesses with gross sales exceeding $500,000 Two Components-Salary test and Duties Test Salary threshold raised from $455 to $913 ($47,476) Duties Test: Executive, professional, administrative, outside sales and jobs focused on computer related activities

Exempt vs. Non-Exempt Cont. Duties Test : Outside Sales - Exception Executive - Primary duty is managing the enterprise or department, manage or direct the work of 2 or more employees and authority to hire and fire Administrative – Primary duty is directly related to the management or general business operations and exercise of discretion and independent judgment with respect to matters of significance Professional - Violation triggers O/T wage liability Retaliation prohibited

Non-Competition Agreements Disfavored as a restrain of trade Change on January 1, 2016 - 18 month limitation New Employees- 2 weeks prior to start date Current employees- Bona fide advancement Protectable interest made by the employees access to trade secrets, competitive sensitive confidential business or professional information 70,000 annual salary

Wage and Hour Pay on a regular basis Payment on discharge Penalties Attorney fees

Independent Contractors vs. Employees It is all about direction and control (means and manner) Indicia of direction and control Training Hours Equipment – Providing the means to do the job Directing how to do the job – the manner, not the result BOLI Workers Compensation Division concerns

Miscellaneous Marijuana Workers Compensation