Oregon employment law overview

Oregon has many laws that provide greater protections to employees than federal law, including broader antidiscrimination protections, a higher minimum wage and health care continuation coverage obligations for smaller employers, but generally follows federal law with respect to topics such as jury duty leave and occupational health and safety. 

Select Oregon employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections 

Oregon employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices 

Oregon’s fair employment practices law applies to employers with one or more employees. In addition to the federally protected classes (race, religion, color, sex, age, national origin, ancestry and disability), the law prohibits discrimination based on (but not limited to) the following factors: 

• Pregnancy; 
• Sexual orientation and gender identity; 
• Marital status; 
• The existence of expunged juvenile criminal records; 
• Lawful use of tobacco products during off-duty hours; 
• Providing testimony in a government proceeding; 
• Credit history; 
• Good-faith reports of health or safety conditions or patient abuse; and 
• Victim of domestic violence or abuse. 

Harassment is a form of illegal discrimination and is also prohibited under the law. 

Oregon’s disability discrimination law applies to employers with six or more employees. 

Equal pay 

Oregon employers with one or more employees are prohibited from discriminating in the payment of wages based on protected class status, defined as race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, or age. 

It is also unlawful to screen job applicants based on current or past compensation, or to determine compensation for a position based on current or past compensation of a prospective employee with a different employer. 

An employer may pay employees different compensation for work of a comparable character if the differential is based on a bona fide factor related to the job position and based on: 

• A seniority system; 
• A merit system; 
• A system based on quantity or quality of production, including piece-rate work; 
• Workplace locations; 
• Travel; 
• Education; 
• Training; 
• Experience; or 
• Any combination of the above factors, if the combination accounts for the entire compensation differential. 

An employer may pay employees for work of comparable character at different compensation levels based on one or more of the bona fide factors (e.g., a seniority system, a merit system, workplace locations) that are contained in a collective bargaining agreement. 

It is not an equal pay violation to pay a different level of compensation to an employee performing modified work under certain circumstances. 

Pay transparency 

Oregon does not have a pay transparency law applicable to private employers. 

Salary history inquiry restrictions 

An employer may not ask job applicants about their salary history or seek the information from a current or former employer. However, an employer may ask a prospective employee for written authorization to confirm prior compensation after the employer makes a job offer that includes an amount of compensation. 

Employee wage disclosure rights 

Oregon prohibits discrimination and retaliation against an employee who has inquired about, discussed or disclosed his or her or another employee’s wages or who has made a charge, filed a complaint or instituted an investigation, proceeding or hearing based on a wage disclosure. 

An employee who has access to wage information as part of his or her job and who discloses the information to any individual without authorized access is not protected, unless the disclosure is in response to a charge or complaint or in conjunction with an investigation, proceeding or hearing, including internal investigations. 

Pregnancy accommodation 

An Oregon employer with six or more employees must provide reasonable accommodations for an employee’s limitations related to pregnancy, childbirth or related medical conditions, including lactation, unless doing so would create an undue hardship for the employer. A reasonable accommodation may include: more frequent or longer break periods; and modification of work schedules or job assignments. 

Breastfeeding breaks 

An employer must provide reasonable unpaid rest periods to accommodate an employee who needs to express milk for the employee’s child. The employer shall provide the employee a reasonable rest period to express milk each time the employee has a need to express milk. The employee shall, if feasible, take the rest periods to express milk at the same time as the rest periods or meal periods otherwise provided to the employee. If the employer is required by law or contract to provide the employee with paid rest periods, the employer shall treat the rest periods used by the employee for expressing milk as paid rest periods, up to the amount of time the employer is required to provide as paid rest periods. 

An employer with 10 or fewer employees is not required to provide rest periods if doing so would impose an undue hardship on the employer’s business operations. 

Access to personnel files 

An employer generally must provide employees with access to their personnel records and time and pay records within 45 days of the employee’s request. The employer may charge an amount reasonably calculated to recover the actual cost of providing the services. 

Whistleblower protections 

Oregon protects employees who report illegal activity by their employers. An employer may not terminate, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment because the employee has made a good-faith report of a violation of a state or federal law, rule or regulation. 

Scheduling 

Retail, hospitality and food services establishments with 500 or more employees worldwide, including chain and integrated enterprises, must: 

• Provide detailed, written estimates of work schedules; 
• Provide written work schedules in advance; 
• Provide timely notification of schedule changes, or else pay additional wages; 
• Refrain from requiring an employee to work a shift not previously included in the written schedule; 
• Allow employees to make scheduling requests based on their preferences and availability; 
• Post written schedules in a clearly visible and accessible location; 
• Provide 10 hours off between shifts, or else pay additional wages; and 
• Refrain from discriminating or retaliating against employees who exercise their rights. 

Recruiting and hiring 

Oregon employers may be required to comply with requirements related to recruiting and hiring. 

Credit checks 

An Oregon employer is generally prohibited from obtaining or using credit history information for employment purposes, unless such information is substantially job related (e.g., an essential job function requires access to financial information; credit history information is needed for bonding or insuring the employee). Exceptions include federally insured banks or credit unions, law enforcement officers and where state or federal law requires the use of credit information. 

Ban the Box and Fair Chance 

An Oregon employer may not require an applicant to disclose a past conviction on an employment application. If no interview is conducted, an employer may not require an applicant to disclose a criminal conviction before a conditional job offer has been made. 

E-Verify 

There are no state-specific requirements for private employers related to the use of E-Verify in Oregon. 

Wage and hour 

Oregon employers may be required to comply with certain wage and hour requirements. 

Minimum wage 

Oregon’s minimum wage rate varies depending on where an employer is located. The minimum wage is adjusted for inflation on July 1 of every year. An employer may not use tips as credit toward minimum wages owed to an employee. 

Overtime 

Oregon law requires that most nonexempt employees must be paid at least one and one-half times their regular rate of pay for all hours worked in excess of 40 hours in a workweek. Certain employees are entitled to overtime pay for hours worked in excess of 10 per day. 

Meal and rest breaks 

An employer must provide employees who work more than a six-hour work period a 30-minute meal break during which the employee is relieved of all duties. Employees who work more than 14 hours during a single work period are entitled to a second 30-minute meal break. Employees who work between 22 and 24 hours during a single work period are entitled to a third 30-minute meal break. Meal breaks need not be paid, unless the employee is not truly relieved of all duties. 

Additionally, an employer must provide employees with a 10-minute rest period – during which the employee is relieved of all duties – for every four-hour work segment or major portion thereof (i.e., more than two hours). The rest periods may not be added to or deducted from the employee’s regular work shift to reduce the employee’s overall work period. 

Exceptions apply to employees in a retail or service establishment, employees who work fewer than five hours in any continuous 16-hour period, employees who work alone and employees who are allowed to leave their work station to use the restroom facilities as needed. 

Child labor 

Child labor laws in Oregon restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

Minors under the age of 18 are prohibited from working in occupations deemed hazardous by federal law. Oregon law does not exempt agricultural occupation as federal law does. Minors under the age of 16 are prohibited from working in a variety of other occupations. 

An employer must provide certain working conditions for minors, including a sanitary and safe work area, adequate lighting and ventilation, and adequate wash rooms and toilet facilities. 

Employees age 15 and younger may only work outside school hours, up to three hours per day and 18 hours per week when school is in session and up to eight hours per day and 40 hours per week when school is not in session. Employees age 16 and 17 may generally work up to 44 hours per week. 

Employment of minors under the age of 14 is generally prohibited. An employer that wishes to employ individuals under the age of 14 must apply for a work permit. 

Employment of minors requires an employment certificate and proof of age. 

Pay and benefits 

Oregon employers may be required to follow certain requirements with respect to employee pay and benefits.   

Wage payment methods 

Employees must be paid in cash or by checks that can be cashed in full, without fees or discounts at a bank or an established business located within the county where the employee lives or works. An employer may pay wages by direct deposit or with electronic paycards if certain conditions are met. 

Pay frequency and lag time 

Employees must be paid at least every 35 days on regularly scheduled paydays. 

Pay deductions 

An employer may make deductions from an employee’s wages if required by state or federal law, with the employee’s written authorization, if authorized by a wage or collective bargaining agreement, or for other permissible reasons (e.g., garnishments, charitable donations, benefits). 

Pay statements 

Each time wages are paid, an employer must provide each employee with an accurate, itemized written pay statement. The statement must include the following information: 

• Total gross payment; 
• Amount and brief description of each deduction from the gross payment; 
• Total number of hours worked during the time covered by the gross payment; 
• Rate of pay; 
• Total number of hours worked at each rate of pay, if employee is paid under multiple pay rates; 
• Number of completed pieces and rate of pay per piece, if employee is paid on a piece rate; 
• Net amount paid after deductions; 
• Employer’s name, address, telephone number and business registry or business identification number; 
• Pay period for which the payment is made; 
• Wage payment date; 
• Employee’s name; 
• Employee’s payment method (i.e., by the hour, shift, day, week, salary, piece rate or commission); 
• Allowances, if any, the employer is claiming as part of the minimum wage; and 
• For nonexempt employees, the regular hourly rate(s) of pay, the overtime rate(s) of pay, the number of regular hours worked and pay for those hours, and the number of overtime hours worked and pay for those hours. 

Upon request, an employer with five or more employees during any calendar month must provide an annual pay statement for the previous year by March 10. 

Wage theft 

Oregon does not have a wage theft law applicable to private employers. 

Health care continuation 

Under Oregon law, certain group health policies issued to employers with fewer than 20 employees must offer continuation coverage to covered employees and their qualified beneficiaries upon a qualifying event, including termination of employment, reduction in hours, eligibility for Medicare, loss of dependent child status, termination of membership in the group health plan and the employee’s death. 

Individuals electing continuation coverage must pay 100 percent of the full group premium, on a monthly basis, in advance. Continuation coverage generally lasts up to nine months. 

In addition, Oregon requires an employer with 20 or more employees to provide continuation coverage for surviving, divorced and separated spouses and their covered dependents. 

Temporary disability insurance 

Oregon does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence 

Oregon employers may be required to follow certain requirements with respect to time off and leaves of absence. 

Family and medical leave 

The Oregon Family Leave Act (OFLA) requires employers with 25 or more employees to provide 12 weeks of leave a year for: 

• Pregnancy disability leave; 
• Sick child leave (for home care for a child with or without a serious health condition); and 
• Bereavement leave. 

Employees of a covered employer may also take OFLA leave during a public health emergency, with certain exceptions. 

An employee may be able to take more than 12 weeks of leave in a year depending on the reasons leave is taken. 

Oregon law also requires covered employers to provide paid family and medical leave (PFML) to eligible employees, which is funded by a combination of employer and employee contributions. Employees may take PFML leave for the following reasons: 

• Family leave (i.e., child bonding leave, including child placement leave, and to care for a family member with a serious health condition); 
• Medical leave (for the employee’s serious health condition); and 
• Safe leave.

An employee may be able to take more than 12 weeks of leave in a year depending on the reasons leave is taken. 

Paid sick leave 

Under the Oregon Sick Time Law (OSTL), eligible employees are entitled to accrue up to 40 hours of sick and safe time each year. Whether the time is paid or unpaid depends on the size of the employer. 

Qualifying reasons for leave include: 

• An employee’s or family member’s mental or physical illness, injury or health condition; need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition; or need for preventive medical care; 
• Any purpose specified in the Oregon Family Leave Act (OFLA) or the paid family and medical leave (PFML) law;
• For reasons necessitated by domestic violence, harassment, sexual assault, stalking or bias (i.e., safe leave); 
• For reasons related to a public health emergency;
• To effectuate the legal process for the placement of a foster child or the adoption of a child;  
• Donation of accrued time to another employee; and 
• Blood donation. 

Other time off requirements 

An Oregon employer may also be required to comply with other leave and time off laws, including but not limited to: 

• Military family leave; 
• Jury duty leave; 
• Juvenile court proceedings leave; 
• Crime victim leave; 
• Domestic violence leave; 
• Military leave; 
• Time off on Veterans Day; 
• Bone marrow donation leave; 
• Legislative leave; 
• State board or commission leave; 
• Search and rescue operation leave; 
• Emergency responder leave; and 
• Olympic games leave. 

Health and safety 

Oregon employers may be required to follow certain requirements with respect to employee health and safety.   

Occupational safety and health 

Oregon operates its job safety and health programs covering the private sector under a state plan approved by the federal Occupational Safety and Health Administration. 

The Oregon Safe Employment Act requires an employer to provide a safe and healthful workplace for employees, including furnishing devices and safeguards and adopting processes that are reasonably necessary to protect employees’ safety and health. An employer must implement a written safety and health program. Most employers must also establish safety committees. 

Drug and alcohol testing 

Oregon employers are permitted to conduct preemployment drug tests, but must follow state law governing the manner in which such testing is done. Positive test results that will cause denial of employment must be confirmed by a clinical laboratory or an equivalent out-of-state facility before the result is released. 

Smoke-free workplace 

The Oregon Indoor Clean Air Act prohibits smoking in enclosed areas open to the public and in enclosed areas under the control of an employer (e.g., work areas, employee lounges, shared work vehicles, rest rooms, conference rooms, cafeterias, meeting rooms). Smoking is also prohibited within 10 feet of all entrances, exits and accessibility points, such as windows or air-intake vents. 

An employer must inform its employees of the ban, as well as post signage at all building entrances and exits. Ashtrays and receptacles for smoking must be positioned to more than 10 feet from building access points. 

Weapons in the workplace 

In Oregon, carrying concealed weapons in various places is subject to restrictions, even with a valid permit. For example, firearms are banned in federal facilities. The state also has specific areas in which firearms are banned, including: 

• Courtrooms, as well as jury rooms, judge’s chambers or adjacent areas; and 
• Private property (including private business property) where the owner prohibits firearms possession. 

Employers and property owners may create weapons policies to limit or prevent individuals and employees from bringing concealed weapons on the premises. Signage also serves as a warning that may be implemented along with written policies. 

Safe driving practices 

Oregon law prohibits drivers from using or even holding a mobile electronic device while driving, but permits the use of a hands-free device. 

Organizational exit 

Oregon employers may be required to follow certain requirements when employees exit the organization.   

Final pay 

Terminated employees must be paid their final wages by the end of the first business day after the termination. 

Employees who resign and provide at least 48 hours’ notice of their resignation must be paid immediately. Employees who quit and do not provide 48 hours’ notice must be paid their final wages by the earlier of five days after resignation or the next regular payday. 

Generally, departing employees must be compensated for accrued but unused vacation time at the final rate of pay if required by an employment contract or employer policy.

Mass layoffs 

Oregon does not have its own version of the federal WARN Act. 

AI in employment 

Oregon does not have a law related to AI in employment applicable to private employers.