NewsBrief – March 2025
In This Issue:
Compliance Corner: Preventing Workplace Violence Guide
Each month, we highlight one of the many resources exclusively available to you as a member of Cascade.
This month, we are featuring our Preventing Workplace Violence Guide. This guide provides a comprehensive overview of workplace violence prevention, covering definitions, types of violence, employer responsibilities, practical prevention strategies, and more!
Oregon's 2025 Employment Landscape: Proposed Legislation
Cascade Compliance Team
compliance@cascadeemployers.com
The 2025 Oregon legislative session opened on January 21, 2025, and is scheduled to end on June 18, 2025. Over 3,000 bills have been introduced so far, with more than 100 pertaining to employment-related issues. Here are notable employment-related bills, all in the introduced stage unless otherwise noted:
Wage/Hour and Compensation
- HB 2746: Would require employers to disclose wages on job postings.
- HB 2786: Would require all employer-provided sick leave, vacation leave, personal business leave to be paid out on termination of employment.
- HB 2787: Would require employers to compensate employees for time spent on call or on standby; would require employers to post work schedules at least 14 days in advance, including all scheduled on-call and standby shifts.
- HB 2962: Would require the Bureau of Labor and Industries (BOLI) to establish a formula by rule for setting the minimum wage rate beginning July 1, 2026.
- SB 488; SB 625: Would repeal provisions requiring employers to pay overtime to agricultural workers who work in excess of the maximum allowable hours.
- SB 613: Would modify Oregon’s Pay Equity law; would prohibit employers from discriminating in compensation based on sex - eliminating all other protected classes; would eliminate bona fide factors and would make exceptions in compensation solely pursuant to a seniority or merit system and/or employer decisions based in good faith on factors other than sex.
- SB 906: Would require that itemized statements provided to employees show, in plain language, the amount and purpose of each paycheck deduction.
- SB 968: Would allow for employer deductions from employees' wages to recoup amounts that were paid in error.
- SB 1044: Clarifies that the amount owed for meal period violations is a penalty and not considered wages or compensation; clarifies the circumstances under which a shortened meal period would not constitute a violation of the meal period requirement.
Leaves
- HB 2790: Would allow the use of sick leave for mental health days with no limit or medical verification.
- SB 69A (engrossed):
- Specifies that the Bureau of Labor and Industries (BOLI) is responsible for administrative and regulatory oversight for specified job protection, retaliation, and discrimination provisions within Paid Leave Oregon (PLO);
- Defines child under the Oregon Family Leave Act (OFLA) for purposes of sick child leave;
- Clarifies OFLA sick child leave for school/childcare closures during public health emergencies can start without prior notice, unless the emergency was declared by the Governor over 30 days prior;
- Would permit the Oregon Employment Department (OED) to disclose PLO benefit amount to employers for wage replacement calculation purposes;
- Would allow employers to require return-to-work certification after PLO medical leave, if it's a uniform policy;
- Would permit use of statutory sick time for any qualifying PLO purpose;
- Would create an OFLA eligibility exception for Oregon-based airline flight crews meeting federal service hour requirements.
- SB 86: Clarifies multiemployer exceptions from state laws governing sick leave.
Unemployment Insurance
- SB 705: Would provide an alternative weekly minimum amount of workers' compensation benefits for temporary total disability.
- SB 748: Would authorize the Employment Department to require drug testing for an initial claim for unemployment benefits if the claimant was fired for unlawful drug use or suitable work is available for the claimant only in an occupation that regularly conducts drug testing.
- SB 916: Would provide striking workers eligibility for unemployment insurance benefits.
- HB 2125: Would waive the unpaid first waiting week for unemployment claims due to severe weather emergencies.
Disability
- HB 3187: Clarifies the meaning of "because of age" for purposes of employment discrimination law.
- HB 2742: Would require BOLI to create employer guidance and establish low or no cost mediation for disability accommodations; would prohibit denial of union representation during reasonable accommodation discussions; would prohibit employers from using minimum physical requirements to screen out persons with disabilities.
Miscellaneous
- HB 2545; HB 2548: Would prohibit employers from terminating an agricultural worker unless the termination is for cause.
- HB 3457: Would require employers to use the federal E-Verify employment verification system to verify the employment eligibility of employee.
- SB 704: Would apply certain criteria to classify workers as independent contractors.
- SB 2570: Would require the Director of the Department of Consumer and Business Services to keep confidential any personally identifiable information of employees involved in OSHA workplace investigations or inspections.
Cascade is actively monitoring this legislative session and we will keep you updated on the progression of these employment-related bills.
Temporary Injunction Issued on DEI-Related Executive Orders
Cascade Compliance Team
compliance@cascadeemployers.com
On February 21, 2025, a federal district court judge issued a preliminary nationwide injunction against clauses of Trump’s Executive Orders set to dismantle Diversity, Equity, Inclusion (DEI) programs for federal contractors and organizations receiving federal grants.
Specifically, the court ruled that following provisions of Executive Order 14151 and Executive Order 14173 was unconstitutional based upon the First Amendment Freedom of Speech and the Fifth Amendment’s Due Process Clause of the United States Constitution:
- The Termination Provision – This section required federal agencies to terminate "equity related" grants or contracts. The injunction found key terms of this provision including “equity,” “equity-related,” and “DEI,” to be unconstitutionally vague and thus, left federal contractors and grantees unable to determine if their DEI programs are in compliance with the executive orders;
- The Certification Provision – This section required federal contractors and grantees to certify that they do not operate any programs promoting DEI that violate any applicable federal antidiscrimination laws, which was found to violate the First Amendment;
- The Enforcement Provision –This section directed the US Attorney General to identify and target organizations with illegal DEI practices. The injunction found key terms of this provision including “equity,” “equity-related,” and “DEI,” be unconstitutionally vague and a violation of the First Amendment as it threatened enforcement actions against private sector employers for engaging in undefined DEI programs.
Next Steps
The Trump Administration has appealed this injunction. It is important to remember that the ruling only impacts federal government actions related to DEI programs for federal contractors and grantees regarding the aforementioned provisions.
This injunction does not shield private parties, state agencies such as BOLI or federal agencies like the EEOC and DOJ from investigating and pursuing discrimination claims related to perceived illegal DEI practices. However, it’s important to reiterate most DEI efforts remain lawful and promote non-discrimination and equal employment opportunities. To ensure legal compliance, employers should proactively review their DEI programs. These executive orders, even prior to the injunction, did not prohibit all DEI efforts, but only those that violate federal anti-discrimination laws. For example, practices that could violate the law (and already do) are DEI programs with quotas based on protected class, employee resources exclusively for certain protected groups, hiring preferences and DEI training that mandates specific ideologies, as these risk violation of anti-discrimination laws.
Cascade is actively monitoring this and will keep you alerted of any developments.
Five Reasons Organizations Should Not Abandon DEI Work
Daryl Dixon, Senior DEI Consultant
dei@cascadeemployers.com
In light of President Trump’s recent Executive Order dismantling federal diversity, equity, and inclusion (DEI) programs (whitehouse.gov), as well as reaching into non-profit and private sectors, many organizations may be reconsidering their commitment to DEI initiatives. However, despite political shifts, the business case for DEI remains stronger than ever. Organizations that abandon these efforts risk falling behind in innovation, talent acquisition, employee engagement, and financial performance.
Keep reading to learn more about the five reasons why now is not the time to abandon your DEI efforts and how you can safely continue this work.
Non-Profit Compensation Data Coming this Spring!
McKenna Arnold, Survey and Research Manager
surveys@cascadeemployers.com
Cascade recently announced a new resource for our members: a free compensation report featuring data on the top 50 most frequently reported jobs, coming this May. We are excited to report that we will also be publishing a Non-Profit Only version of this report. Both reports will be free to member participants and available for purchase to non-member participants. We have called out the top requested non-profit positions and need your help filling in the data for these.
By participating in our Spring survey, you'll gain access to this valuable data, empowering you to:
- Benchmark your compensation strategies against industry standards.
- Identify potential compensation gaps within your organization.
- Make informed decisions about salary adjustments, bonuses, and other compensation programs.
For organizations seeking even deeper insights, we encourage you to explore Payscale Peer, our online compensation platform. Payscale Peer provides access to comprehensive salary data on over 5,000 job titles, enabling you to:
- Conduct in-depth analysis of compensation trends.
- Generate customized reports tailored to your specific needs.
- Gain a competitive edge in attracting and retaining top talent.
Access to Payscale Peer is included at no additional cost for Small, Premium, and Pro package members. All you have to do is participate and you’ll gain access. Easy! Essential members and non-members that participate and submit their data can purchase access to Payscale Peer or upgrade their membership to our Small, Premium or Pro package.
Ready to participate?
- New Participants: Click here to register.
- Returning Participants: Please send an email to confirm your intent to participate.
Want to learn more? Visit our website for detailed information about Payscale Peer. Don't miss this opportunity to enhance your compensation data strategy!
Hot Compliance Question
Cascade Compliance Team
compliance@cascadeemployers.com
Question: Can we round an employee’s timeclock to the nearest 7 minutes?
Answer: It is recommended that employers discontinue the use of rounding timeclocks and track and pay all hours actually worked to the minute. This is because a recent federal court decision has made it much more risky for employers using rounding timeclocks to track hours worked by employees.
In Eisele v. Home Depot U.S.A., Inc., D Or, Nov. 2022, the court ruled when an Oregon employer has a timekeeping system that allows it to track all hours and minutes worked, rounding is not lawful. This is because:
- The law requires employees to be paid for all hours worked (meaning all time actually worked).
- Although no statute prohibits rounding hours, it can easily result in the underpayment of employees, as appeared to be the situation in the Eisele case.
- Rounding does not necessarily comport with state laws which require employees to be paid for all hours worked.
Five Things You May Not Know About Oak Hill School
By Sheryl Kelsh, Membership Development Manager
skelsh@cascadeemployers.com
Oak Hill School, perched on 72 wooded acres in Eugene, Oregon, is respected for its commitment to academic excellence and holistic education for pre-kindergarten through 8th-grade students. While many are familiar with its core curriculum, there are several lesser-known facets that make Oak Hill truly unique.
Here are five intriguing aspects you might not know about Oak Hill School:
- A Rich History Rooted in Community
Established in 1994, Oak Hill School was founded by Ed King of King Estate Winery. His vision was to create an independent educational institution that fosters intellectual curiosity, creativity, and critical thinking. Over the years, the school has remained true to its mission, evolving and expanding while maintaining a close-knit community atmosphere.
- Emphasis on Academic Excellence
Oak Hill School stands out for its academic excellence, with students consistently outperforming peers in Public, Catholic, and independent schools. Dedicated teachers, small class sizes, and strong family support help students set and achieve high academic goals.
- Immersive Experiential Learning
The school's expansive 72-acre campus isn't just for aesthetics; it's an important part of the learning experience. Oak Hill incorporates nature education into its curriculum, allowing students to explore and learn from the natural environment. This hands-on approach fosters a deep appreciation for the environment and encourages experiential learning. The Middle School students also experience Outdoor Adventures around Oregon, such as hiking South Sister, snow camping, and building outdoor survival skills.
- Comprehensive Auxiliary Programs
Understanding the diverse needs of families, Oak Hill offers a range of auxiliary programs beyond regular school hours. These include after-school care and enrichment classes that cater to various interests. During the summer, the school hosts Camp Wild Oaks, a series of week-long camps open to Oak Hill students and the general public. These programs provide fun educational opportunities that extend learning beyond the classroom.
- Commitment to Accessibility Through Tuition Assistance
Oak Hill is dedicated to making its educational offerings accessible to many families. The school provides a robust tuition assistance program for students entering kindergarten through 8th grade. Awards are based on demonstrated financial need and are granted as reductions in tuition costs. This commitment ensures that a diverse range of students can benefit from the enriching education Oak Hill offers.
In essence, Oak Hill School is more than just an academic institution; it's a community that nurtures the intellectual, creative, and personal growth of its students. These lesser-known aspects highlight the school's dedication to providing a well-rounded and accessible education for all.
Cascade is pleased to have the opportunity to feature Oak Hill School as an outstanding member and employer.