
NewsBrief – January 2025
In This Issue:
- 2025 Oregon Employment Law Changes
- 2025 Washington Employment Law Changes
- New Rules for Paid Leave Oregon
- Paid Leave Oregon Equivalent Plan Reports Due January 31, 2025
- Federal Construction Contractors Required to File Monthly Reports
- Hot Compliance Question
- Five Things You May Not Know About Oregon Dairy Council
Compliance Corner: Oregon Independent Contractor 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 Oregon Independent Contractor Guide. Independent Contractor (IC) classification can be confusing for employers, as there are a variety of tests under both Oregon and Federal law to determine whether a worker is an IC or not. This guide goes into depth regarding these tests, when the tests apply, and discusses what to do if you misclassified a worker.
2025 Oregon Employment Law Changes
Cascade Compliance Team
compliance@cascadeemployers.com
Below is a list of the Oregon employment law changes that took effect on January 1, 2025. Oregon employers need to make sure that their policies and procedures are updated accordingly and such changes are discussed with supervisors and employees.
Paid Leave Oregon (PLO) Qualifying Reasons
- Effective January 1, 2025, PLO will include leave related to the legal processes required for the placement of a child through foster care or adoption.
- This is in addition to the previous qualifying reasons:
- The birth of a child;
- Bonding with a child in the first year after birth, adoption, or foster care placement;
- To care for a family member with a serious illness or injury;
- To care for yourself when you have a serious illness or injury;
- For survivors of sexual assaults, domestic violence, harassment, bias crimes or stalking.
Oregon Family Medical Leave Act (OFLA) Qualifying Reasons
- Effective January 1, 2025, OFLA will no longer include leave related to the legal processes required for the placement of a child through foster care or adoption. Eligible employees may apply for this under Paid Leave Oregon.
- OFLA still covers the following:
- Sick child leave: To care for a child with an illness which requires home care (including serious health conditions). This also includes leave to care for a child whose school or place of care is closed as a result of a public health emergency.
- Pregnancy disability: Before or after the birth of a child or for prenatal care including routine medical visits related to pregnancy before or after giving birth. An employee may take up to 12 weeks of pregnancy disability leave and still have 12 weeks available for any other purpose.
- Bereavement leave: To deal with the death of a family member, including attending the funeral or alternative, making necessary arrangements or grieving.
- Military family leave: Up to 14 days per deployment.
Oregon Agricultural Overtime Threshold
- Effective January 1, 2025, employers are required to pay overtime to agricultural workers after they work 48 hours in one workweek.
Oregon Warehouse Worker Protections
- HB 4127, effective January 1, 2025, created notice and record requirements for quotas in warehouse distribution centers.
- This law applies to employers who employ or are engaged with at least:
- 100 non-exempt employees in a single distribution center, or
- 1,000 non-exempt employees in any number of distribution centers in Oregon.
- Covered employers are required to provide written documentation:
- To each employee, upon request, summarizing any quota to which the employee is subject.
- The notice must include:
- The quantified number of tasks to be performed, or materials to be produced or handled, within a defined time period; and
- A description of the potential consequences, including any adverse employment actions, that an employee may face as a result of the employee’s failure to meet the applicable quota.
- The notice must be provided to employees:
- At the time of hire;
- Within two business days following a change to the quota to which the employee is subject; and
- When adverse action is taken against the employee for failure to meet the quota.
- Employers are required to produce written records:
- To current employees, upon request, detailing the quota and potential consequences and the employee’s work speed data for the ninety days immediately preceding the date of the employee’s request.
- To former employees, upon request, detailing the quota they were subject to and their work speed data from the ninety days immediately preceding the date of the former employee’s termination. Former employees may request these records within three years of their separation from employment.
- Employers must provide these records free of charge and as soon as practicable upon request of a current or former employee, but not later than 21 calendar days from the date of the request.
2025 Washington Employment Law Changes
Cascade Compliance Team
compliance@cascadeemployers.com
Below is a list of the Washington employment law changes that took effect on January 1, 2025. Washington employers need to make sure that their policies and procedures are updated accordingly and such changes are discussed with supervisors and employees.
Washington Minimum Wage Updates
- WA Labor & Industries announces the state’s new minimum wage on September 30th to go into effect on January 1st of every year. Additionally, multiple jurisdictions within Washington have minimum wages that exceed the state’s base minimum wage, with most increasing on January 1, 2025.
| WA State: | $16.66/hr |
| Bellingham: | $17.66 from January 1, 2025 - April 30, 2025 $18.66 from May 1, 2025 - December 31, 2025 |
| Burien: | $21.16 for employers with 500+ full-time employees (including employees of franchisees) in King County $20.16 for employers with 21-499 full-time employees in King County |
| King County: (Unincorporated): | $20.29 for employers with 500+ employees $18.29 for employers with 16-500 employees OR 15 or fewer employees and more than $2 million annual gross revenue $17.29 for employers with 15 or fewer employees and a total gross revenue less than $2 million |
| Seattle: | $20.76 |
| SeaTac: | $20.17 for employers in the hospitality and transportation industries |
| Tukwila: | $20.10 for mid-sized employers with either 5-500 employees worldwide OR more than $2 million of annual gross revenue in Tukwila $21.10 for large employers with 500+ full-time employees worldwide |
| Renton: | $20.90 for employers with 500+ full-time employees worldwide For employers with either 15-500 employees worldwide OR more than $2 million annual gross revenue in Renton: |
- Note: Washington State employers with minimum wage employees in different locations and/or those employees who travel for work, make sure you are paying wages accordingly.
Washington Salary Threshold Changes
- Effective January 1, 2025, the minimum salary thresholds are:
- Small businesses: $1,332.80/week ($69,305.60 a year)
(1-50 employees) - Large businesses: $1,499.40/week ($77,968.80 a year)
(50+ employees) - Computer professionals: $58.31/ hour
(all employers)
- Small businesses: $1,332.80/week ($69,305.60 a year)
- Note: These salary thresholds set the minimum salary an employee must make to qualify for the “white collar” exemption from overtime. Along with meeting a salary threshold that is higher than the federal standard, employees must still meet the Fair Labor Standard Act “duties” test for executive, administrative, professional workers, or computer employees.
Washington Non-Compete Agreement Changes
- As a reminder, Washington state enacted a non-compete law with parameters employers must follow in order for a non-compete to be valid and enforceable under state law.
- Effective January 1, 2025, the following applies to non-competes:
- Can apply only to employees who earn at least $123,394.17 or independent contractors who earn more than $308,485.43.
- A non-compete agreement is generally presumed to be unreasonable and unenforceable if it lasts longer than 18 months.
- Employers must disclose the terms of the non-compete in writing prior to the employee’s acceptance of employment or for current employees, supported by additional consideration like a pay raise or bonus.
- If an employee is laid off, their non-compete is unenforceable unless the employer pays the full base salary through the non-compete period.
WA Paid Sick Leave (PSL) Qualifying Reasons
- Effective January 1, 2025, PSL will include leave related to when an employee's child's school or place of care has been closed after the declaration of an emergency by a local or state government or agency, or by the federal government.
- This is in addition to the previous Qualifying Reasons:
- An employee’s own illness, injury, or health condition, including time off for medical diagnosis, care, treatment, and preventive care;
- Caring for an employee’s family member with an illness, injury, or health condition, including time off for medical diagnosis, care, treatment, and preventive care;
- An employee’s workplace or their child’s school or place of care has been closed for any health-related reason by order of a public official or due to a declaration of an emergency by a local, state, or federal government, which may be unrelated to health issues;
- An employee absence from work for reasons that qualify for leave under the Domestic Violence Leave Act, such as seeking treatment for injuries caused due to domestic violence, sexual assault, or stalking.
WA Paid Sick Leave (PSL) Family Member Definition
- Effective January 1, 2025, under PSL, the definition of family member includes:
- Any individual who regularly resides in the employee’s home, unless that individual only resides in the same home and there is no expectation of care by the employee.
- An individual for whom the relationship creates an expectation that the employee will care for the person, and that individual depends on the employee for care.
- The spouse of an employee’s child.
- This is in addition to the previous family member definition including an employee’s:
- Child (biological, adopted, foster child, stepchild, child the employee is legally responsible for); parent (employee’s biological, adoptive, or foster parent, stepparent, or someone who was the employee’s legal guardian or their spouse or registered domestic partner – or a person who was legally responsible for the employee when they were a minor); spouse; registered domestic partner; grandparent; grandchild; and sibling.
Washington Warehouse Worker Quotas
- HB 1762, effective January 1, 2025, regulates the use of production quotas or standards at warehouse distribution centers.
- This law applies to employers who employ or are engaged with at least:
- 100 non-exempt employees in a single distribution center, or
- 1,000 non-exempt employees in multiple distribution centers in Washington
- Covered employers are required to:
- Give new employees a written description within 30 days of hire about quotas, any adverse actions that could be taken for not meeting quotas and any bonuses or incentives for meeting or exceeding quotas.
- The written description must be understandable, in plain language, and in the employee's preferred language.
- Notify employees in writing within 2 business days when a quota requirement is changed.
- Take into consideration when enacting quotas the time it takes for an employee to take time:
- For rest and meal breaks (including the time it takes to travel to that designated area).
- To use the restroom.
- To take any actions necessary for the employee to exercise safe and healthful workplace rights such as time to access tools or safety equipment.
- To perform any activity required by the employer in order to perform work on the quota.
- Give new employees a written description within 30 days of hire about quotas, any adverse actions that could be taken for not meeting quotas and any bonuses or incentives for meeting or exceeding quotas.
New Rules for Paid Leave Oregon
Cascade Compliance Team
compliance@cascadeemployers.com
Paid Leave Oregon is finalizing new administrative rules that will change employer response timelines and the amount of information employers will receive about approved PLO claims.
Beginning January 1, 2025, employers will have 5 days to respond to the questionnaire PLO sends when an employee files a PLO claim. This is a change from the current time frame, which is 10 days. The questionnaire requests information about the employee’s job status, whether they are eligible for or are receiving workers’ compensation benefits, and if they provided notice that they would be applying to PLO. Due to the reduction in time frame, employers may consider electing to receive the questionnaire in Frances Online instead of by mail. Employers can set their preferred method of communication in their Frances Online account.
Starting in early 2025 (the exact date is yet to be announced) PLO will also begin providing additional information when employers are notified of a PLO claim’s approval.
- Employers will receive the weekly benefit amount that the employee will receive from PLO, which may assist in determining the amount of company-provided paid leave needed to supplement employees’ weekly benefit amounts.
- Frances Online will show employers the amount of leave an employee took each week. This will assist employers in managing intermittent leave, as employers will be able to determine whether days are covered by PLO.
Cascade will continue to monitor these new rules. If you have any questions, please do not hesitate to reach out to us. We’re here for you!
Paid Leave Oregon Equivalent Plan Reports Due January 31, 2025
Cascade Compliance Team
compliance@cascadeemployers.com
Employers with PLO equivalent plans must file their annual reports by January 31, 2025. This report includes 2023 and 2024 data and may be filed through Frances Online or by paper.
Section 1: Benefits Utilization Report:
All employers must submit this section.
- The number of paid family leave applications received during the year and the applications’ reason for leave;
- The number of paid family leave applications approved during the year, the reason for leave, and the total amount of leave; and
- The number of paid family leave applications denied during the year, the reason for leave, the number of appeals made, and the outcome of the appeals.
Section 2: Financial Report for Continuing Plans:
Applies to employers who withheld employee contributions to pay for the equivalent plan’s fund.
- The total amount of contributions withheld from employees during the year;
- The total plan expenses paid during the year, including the total benefit amounts paid by an employer-administered equivalent plan, and total administrative costs; and
- The balance of employee contributions remaining at the end of the year.
Section 3: Financial Report for Terminated or Withdrawn Plans:
Applies to employers who have terminated their equivalent plans.
- This is due within 30 days of the effective date of the terminated or withdrawn plan.
Federal Construction Contractors Required to File Monthly Reports
Cascade Compliance Team
compliance@cascadeemployers.com
The Office of Federal Contract Compliance Programs (OFCCP) has reinstated the Monthly Employment Utilization Report (CC-257 Report). This report is a requirement for federal construction contractors to submit data on a monthly basis regarding employee work hours and employee count by race, ethnicity, gender, and trade.
Reports are due the 15th of each month and will cover the previous calendar month. For example, the first report is due April 15, 2025, and will cover March 1, 2025 – March 31, 2025. Employers may submit information by emailing an Excel copy of the report to ofccp-construction@dol.gov. This is the preferred method of submission, though employers may instead choose to mail a PDF version of the report to:
United States Department of Labor
Office of Federal Contract Compliance Programs
Division of Program Operations
200 Constitution Ave NW, Room C-3325
Washington, DC 20210
Templates for the reports, along with the reporting schedule, may be found on the OFCCP’s Monthly Employment Utilization Report site.
Hot Compliance Question
Cascade Compliance Team
compliance@cascadeemployers.com
Question: Are employees able to take leave under Oregon’s Domestic Violence Leave law and safe leave under Paid Leave Oregon (PLO) at the same time?
Answer: Yes, Paid Leave Oregon (PLO) and Oregon’s Domestic Violence Leave law can run concurrently. PLO and the Domestic Violence Leave law both provide protections for victims of domestic violence, harassment, sexual assault, a bias crime or incident or stalking. Oregon’s Domestic Violence Leave law requires all employers to provide reasonable safety accommodations including but not limited to unpaid leave (employees must be allowed to supplement with any available paid time off) to eligible victims. PLO allows for up to 12 weeks of paid leave for eligible victims. Additionally, both laws provide protections against retaliation and discrimination.
An employee may request unpaid leave under Oregon’s Domestic Violence Leave law and then apply for paid leave under PLO for the same reason or vice versa. While PLO provides up to 12 weeks of protected leave, the Domestic Violence Leave law does not have a set amount of time employers must provide. Under the Domestic Violence Leave law, employers must provide an amount of time that is reasonable and does not cause an undue hardship on the company.
If an employee takes leave under the Domestic Violence Leave law and PLO at the same time, then employers must at least provide up to 12 weeks of leave, as that is the maximum allowed by PLO. Employers cannot deny leave that has been approved by PLO.
Five Things You May Not Know About Oregon Dairy Council
By Sheryl Kelsh, Membership Development Manager
skelsh@cascadeemployers.com
The Oregon Dairy Council (ODC) has been a cornerstone of Oregon's agricultural community for over a century. It’s well-known throughout the state for its involvement in research, education and promotion of dairy farms and dairy, but there’s more to this organization than meets the eye.
Here are five lesser-known facts about the ODC that highlight its impactful work and enduring legacy:
- A Century of Commitment
Founded in 1918, the Oregon Dairy Council has been committed to promoting dairy’s role in a healthy diet for over 100 years. The Council has adapted to the changing landscape of agriculture and nutrition, ensuring that its messaging remains relevant. This long history underscores ODC’s enduring dedication to both the health of Oregonians and the sustainability of the dairy industry.
- Innovative Educational Programs
The ODC is deeply invested in education. From engaging with school nutrition professionals, to K-12 educators, ODC has opportunities for communities across the state to learn more about the value of dairy, both on the plate and as part of our agricultural system. Classrooms can follow along the first year of life for a calf through the Adopt a Cow program, learn how to make mozzarella cheese or tour a farm through an in-person or virtual field trip. Education programs don’t stop there. ODC works with OHSU and OSU to support aspiring dietitians, hosting them on a dairy-focused rotation as part of their Master’s program.
- Sustainability Leadership
Sustainability is at the heart of Oregon’s dairy industry, and the ODC plays a crucial role in educating Oregonians about eco-friendly practices happening on farms across the state. Several Oregon dairy farmers have been recognized for their environmental stewardship, with practices that include water conservation, reduction of greenhouse gas emissions, and responsible land management.
- Advocates for Public Health
Beyond promoting dairy products, the ODC is a vocal advocate for public health. Their team works closely with health providers to share research and educational tools on the nutritional benefits of dairy across the lifespan. The Council’s resources are widely used by dietitians, educators, and healthcare professionals across the state, making it a trusted source for science-based nutritional advice.
- Support for Local Dairy Farmers
ODC supports Oregon dairy farmers through generic promotion, education, and research, all helping to build trust in and sales of dairy foods. The Oregon Dairy Council is much more than a promoter of milk, cheese, yogurt, ice cream, and all things dairy. It is a key player in the health and sustainability of Oregon’s agricultural landscape. From supporting local farmers to championing public health initiatives and environmental sustainability, the ODC’s work has a far-reaching impact on communities across the state.
Cascade is pleased to have the opportunity to feature The Oregon Dairy and Nutrition Council as an outstanding member and employer.