New Oregon business laws!

Sustainable Shopping Initiative, House Bill 2509

Effective When? January 1, 2020

Simply put, what is this new law?  A law about single use bag use. 

What’s a more in depth explanation? Oregon retail stores and restaurants can no longer provide single-use checkout bags. They also must, in most instances, charge at least five cents for paper bags (with 40% or more post-consumer recycled content), reusable plastic bags (4 mils thick) and reusable fabric bags although restaurants may still provide paper bags at no cost.

https://www.oregon.gov/deq/mm/production/Pages/Bags.aspx

Does this affect me? 100% Yes. This affects both business owners who sell things in bags and consumers who buy things that go in bags. 

Non-Compete Rule Addition to ORS 653.295 

Effective When? January 1, 2020

Simply put, what is this new law? Additional Non-Compete Agreement Rules

What’s a more in depth explanation? Within 30 days of an employee’s termination, the employer must provide to the employee a signed, written copy of any non-competition agreement entered into on or after January 1, 2020

https://www.oregon.gov/boli/TA/Pages/FactSheetsFAQs/Noncompetition.aspx

Does this affect me? Yes if you are an employer who has employees or are an employee. The non-compete rules are complex. In California employer/employee non-competes are illegal. In Washington and Oregon there are numerous rules. Make sure if you are either giving out a non-compete or a party to one, you review all of the rules (not just this new one). 

The Employer Accommodation for Pregnancy Act, House Bill 2341

Simply put, what is this new law? Reasonable accommodations for pregnant women at their places of work. 

What’s a more in depth explanation? 

Oregon’s new pregnancy accommodation statute follows similar legislation in Washington and California that requires employers to provide accommodations to pregnant women. The pregnancy accommodation statute extends these accommodation and interactive process requirements to pregnant women who are not covered under the federal or state versions of the ADA because pregnancy is not considered a “disability” under those laws. Employers must provide reasonable accommodations for any known limitations related to pregnancy, childbirth, lactation, or related medical conditions. Reasonable accommodations may include, but are not limited to: Acquisition or modification of equipment or devices; More frequent or longer break periods or periodic rest; Assistance with manual labor; or Modification of work schedules or job assignments. https://www.oregon.gov/boli/TA/Pages/FactSheetsFAQs/PregnancyRelatedConditions.aspx

Does this affect me?

If you’re an employee and you are/will be pregnant then yes. If you are an employer, be kind to pregnant women who work for you but this law won’t apply unless you have 6 or more employees. 

Corporate Activity Tax, House Bill 3427

Effective When? January 1, 2020

Simply put, what is this new law?  A corporate activity tax based on gross receipts that will provide education funding. 

What’s a more in depth explanation? If a business entity has gross receipts that at or above 1 million dollars, the tax liability is $250 plus 0.57 percent of taxable commercial activity, which equals gross receipts minus 35 percent of the business's labor costs or input costs, as apportioned to Oregon, whichever is greater. Corporate Activity Tax (CAT) information from Oregon Department of Revenue. Money that comes from this will: Establish the Fund for Student Success (FSS); Allocate moneys in the FSS to the State School Fund, Student Investment Account (SIA), the Early Learning Account (ELA), and the Statewide Education Initiatives Account (SEIA); Establish a grant program for moneys in the SIA; Require funds to be spent on increasing learning time, decreasing class size, offering a well-rounded education, or student health or safety. Establish the ability for school districts and certain charter schools to apply for grants directly; Outline grant application requirements and process, review and approval process, distribution formula, and oversight requirements. Require Oregon Department of Education (ODE) to work with grant recipients to establish growth targets. https://olis.leg.state.or.us/liz/2019R1/Measures/Overview/HB3427

https://www.oregon4biz.com/Oregon-Business/Climate/Tax-Structure/

https://www.oregon.gov/DOR/programs/businesses/Pages/corporate-activity-tax.aspx

Does this affect me?  People don’t have to pay until they are a million in gross receipts but they have to REGISTER when they get to $750,000 in gross receipts. Even if you do not owe, if you do not register you will face fines. So…this effects anyone who is a business owner that grosses $750,000 or more a year.

Workplace Fairness Act Senate Bill 726 

Effective When? October 1, 2020

Simply put, what is this new law?  Employers cannot use the excuse of having a nondisclosure agreement that the employee cannot report discrimination or sexual harassment or assault.

What’s a more in depth explanation? This law makes it unlawful for an employer to enter into an agreement with an employee (ie. a nondisclosure agreement) that in the agreement would prevent the employee from disclosing or discussing conduct that constitutes unlawful discrimination, including sexual assault. This law also requires public employers (not privately owned businesses but ones that are municipal or government related to have an anti-discrimination policy that mentions this new law). Courts won’t find fault with an employee for breaking a nondisclosure agreement (if they have one) for the reason of reporting said conduct.

 https://olis.leg.state.or.us/liz/2019R1/Measures/Overview/SB726

Does this affect me? Yes. If you’re an employee (especially a women, trans, or nonbinary) this is excellent news. If you’re an employer-- Don’t think a nondisclosure in Oregon will cover you from being a horrible person. 

Family and Medical Leave Insurance Program, House Bill 2005

Simply put, what is this new law? Creates family and medical leave insurance program to provide partially or fully compensated time away from work to covered individual who meets certain criteria. 

Effective When: January 1, 2023

What’s a more in depth explanation? A covered individual may qualify for up to 12 weeks of family and medical leave insurance. The following is the regarding eligibility from the passed law: (1) An eligible employee who: (a) During the base year or alternate base year, as applicable, contributes to the Paid Family and Medical Leave Insurance Fund established under section 39 of this 2019 Act in accordance with section 16 of this 2019 Act; and (b) Submits a claim for benefits in accordance with the requirements under section 12 of this 2019 Act; (2) A self-employed individual who: (a) Elects coverage under section 41 of this 2019 Act; and (b) During the base year or alternate base year, as applicable, contributes to the Paid Family and Medical Leave Insurance Fund established under section 39 of this 2019 Act an amount determined by the Director of the Employment Department under section 16 of this 2019 Act; or (3) An employee of a tribal government, if: (a) The tribal government elects coverage for its employees under section 41 of this 2019 Act; and (b) During the base year or alternate base year, as applicable, the employee and tribal government contribute to the Paid Family and Medical Leave Insurance Fund established under section 39 of this 2019 Act an amount determined by the director under section 16 of this 2019 Act. 

https://olis.leg.state.or.us/liz/2019R1/Downloads/MeasureDocument/HB2005/Enrolled

https://olis.leg.state.or.us/liz/2019R1/Measures/Overview/HB2005

Does this affect me? Not currently as it doesn’t become effective until 2023 but it surely affects all of us as we all could need to use this at some point.

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