1. Pat Cougill, Attorney at Law
2016 Employment Law Update
Pat Cougill, Attorney at Law
Bend, Oregon

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. Non-Competition Agreements
Disfavored as a restrain of trade
Change on January 1, 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

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

10. 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

11. Miscellaneous
Marijuana
Workers Compensation