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JUNE 2019


In This Issue:

Amendment to Non-Competes Signed Into Law

By Caitlin Egeck, JD, HR and Compliance Consultant
Cascade Employers Association
[email protected]

On May 13, 2019, HB 2992, an Oregon bill relating to non-competition agreements, was signed into law. This law adds new provisions and amends ORS 653.295.

Non-competition agreements in the employment realm are documents where employees agree not to perform work that is in direct competition against the employer. Non-competition agreements in Oregon are subject to statutory restrictions, where noncompliance makes the agreement voidable.

Under HB 2992, employers now have to provide a signed, written copy of the terms of the non-competition agreement to the employee within 30 days of the employee’s termination from the employer in order for the agreement to be enforceable. This amendment only applies to non-competition agreements entered into on or after January 1, 2020.

Additionally, while there are more in-depth details and exceptions, ORS 653.295 also states that:

  • Employers must inform new employees in writing at least two weeks before their first day of work that the non-compete is a requirement of employment or with existing employees, the non-competition agreement must be a condition of bona fide advancement.
  • Only certain classes of employees are eligible for non-competition agreements - salaried employees who engage in administrative, executive, or professional work and who perform predominantly intellectual, managerial or creative tasks where they exercise discretion and independent judgment.
  • The employer must have a “protectable interest” meaning that the employee has access to trade secrets and/or sensitive and confidential information.

If you have any questions, please let us know!


Five Things You May Not Know About Werner Gourmet Meat Snacks, Inc. –
Featured Member

By Gayle Gilham, President
Cascade Employers Association
[email protected]

Werners Gourmet Meat Snacks logoThis Tillamook, Oregon employer produces over 100 varieties of top quality meat snacks, trail mixes, roasted nuts and candies. Did you know....

  1. Celebrating 25 years in business, Werner is still a family owned business (despite all the arguments). Recently the company refreshed their brand image and packaging to reflect the values and attributes on which the business was built.

  2. The business was started in 1994 by husband wife team, Ken and Karla Werner. Both produced their products in the family garage, using their minivan as a distribution “truck,” driving up and down the Oregon coast and selling Werner Beef Jerky to local shops and stores.

  3. Today the company employs 120 people in Tillamook and produces products in an 85,000 square foot facility, beneath a 135 foot American flag. Werner products can now be found across the United States.

  4. Very involved with the Tillamook community, Werner frequently donates to nearly every group and organization. Giving back to the community that has supported the company’s growth is very important to president and co-founder, Ken.

  5. Although the company has seen significant growth over the past 25 years, one thing has never changed: their adherence to a mission of providing the highest quality, best tasting jerky, meat sticks and snack products.

Cascade is proud to feature Werner Gourmet Meat Snacks, a confident family-owned business, proud of what they’ve built, comfortable in their own skin and ensuring their products are nothing short of perfect.


Hot Compliance Question

By Caitlin Egeck, JD, HR and Compliance Consultant
Cascade Employers Association
[email protected]

Question: One of my employees recently told me that a customer is harassing her. I am unable to control what my customers do or say, and because of this, is there really anything I can do about this situation?

Answer: Yes. In fact, employers have a legal obligation to provide a workplace that is free from all forms of harassment, including harassment from customers, vendors, or other outsiders. In order to take action, management does not have to personally observe the harassment – the fact that an employee came forward is enough to warrant action on behalf of the employer.

With that, employers should respond to a complaint about customer harassment as they would with any other complaint – by conducting a reasonable investigation and taking appropriate action.

While some employers struggle with this issue due to their desire to provide good customer service and their fear of losing business, the cost of a harassment complaint will usually be far greater than the cost of losing a customer. In fact, an average harassment claim that is settled out of court typically costs employers $75,000 to $125,000.


HR Stats You Should Know

By Jenna Reed, Vice President, HR Services and General Counsel
Cascade Employers Association
[email protected]

$0. That’s how much it will cost you to send one of your employees to our upcoming Leadership Engagement Essentials series starting June 20.

Yep! Cascade membership includes one annual registration into this fantastic two-day program that delivers insightful strategies that promote consistent leadership practices.

You will learn to:

  • Build employee engagement
  • Foster a strengths-based culture
  • Manage change and transitions
  • Master difficult and crucial conversations
  • Strategically manage risk
  • Create a performance culture
  • Stay up-to-date on the latest leadership trends.

Make sure to take advantage of this benefit of membership and demonstrate your commitment to developing your leaders. Register today as spacing is limited.


Pregnancy Anti-Discrimination Law Expands

By Caitlin Egeck, JD, HR and Compliance Consultant
Cascade Employers Association
[email protected]

On May 22, 2019, HB 2341, an in-depth Oregon anti-discrimination bill concerning pregnancy-related conditions, was signed into law. HB 2341 amends and adds to the current anti-discrimination statute, ORS 659A.

Currently, ORS 659A requires employers to provide reasonable accommodation to employees who have conditions that “substantially limit one or more major life activities.” However, the law does not specifically address pregnancy. HB 2341 clarifies workplace protections for employees with pregnancy-related conditions.

Under HB 2341, it is illegal for employers with six or more employees to discriminate against job applicants and employees due to known limitations relating to pregnancy, childbirth, and any related medical conditions. Specifically, it is unlawful to:

  • “(a) Deny employment opportunities to an applicant or employee if the denial is based on the need of the employer to make reasonable accommodation to the known limitations.

  • (b) Fail or refuse to make reasonable accommodation to the known limitations, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer.

  • (c) Take an adverse employment action or in any manner discriminate or retaliate against an applicant or an employee, with respect to hire or tenure, or any other term or condition of employment, because the applicant or employee has inquired about, requested or used a reasonable accommodation under this section.

  • (d) Require an applicant or an employee to accept a reasonable accommodation that is unnecessary for the applicant or the employee to perform the essential duties of the job or to accept a reasonable accommodation if the applicant or employee does not have a known limitation.

  • (e) Require an employee to take family leave under ORS 659A.150 to 659A.186, or any other leave, if the employer can make reasonable accommodation to the known limitations.”

HB 2341 also requires employers to post a notice of these rights in the workplace and to inform new and existing employees of these rights. Additionally, the Bureau of Labor and Industries (BOLI) is now required to develop training materials to educate employers and employees about these rights.

Once this law becomes effective on January 1, 2020, employers will need to update employee handbooks to be in compliance with HB 2341. Additionally, a new workplace poster will be required.

Cascade will keep you updated on HB 2341. If you have any questions let us know!


Five Important Updates to the Oregon Regional Pay Survey

By Courtney LeCompte, Research Manager and Compensation Consultant
Cascade Employers Association
[email protected]

In an ongoing effort to provide valuable, relevant, and comprehensive market wage data within the Oregon Regional Pay Survey, Cascade is excited to share a few recent survey changes.

Through our new survey partnership with Archbright, an employer association based in Seattle, Washington, the Oregon Regional Pay Survey has expanded significantly into Washington and will now be classified as a Regional Pay Survey. The survey will continue to represent organizations throughout Oregon and SW Washington, but will begin to see a larger population of Washington-based organizations within the participant demographic.

So what does this mean, exactly? Here are five important updates:

1. Title Change

The Oregon Regional Pay Survey, currently divided into three PDF reports (Executive, Exempt, and Non-Exempt), will now be titled the Regional Pay Survey. The Exempt and Non-Exempt reports will be combined into one Regional Wage report and the Executive report will continue to remain a stand-alone report.

2. New Benchmark Jobs!

With this partnership, we have added over 150 new jobs to the survey. Please participate now by taking a moment to review, job match, and input pay data for as many of the new jobs as possible.

If you have never participated in this robust survey, contact us for your unique login information. For past participants, you can also locate and review all new jobs by logging in to your survey account and under the Jobs Match tab, select the “*2019 New Jobs” job family.

3. Increased Participation

Over the next couple of months, we anticipate survey participant counts to significantly increase. Higher participation typically leads to more jobs with sufficient data reported to support your pay decisions.

Increased participation can also positively affect the Custom Report Tool (our unique online tool that allows you to create custom surveys based on multiple data cuts) and the likelihood that sufficient data will be available for reporting. Within the published survey job reports, there will be multiple data cuts per geographic area, including overall norms for Oregon and Washington, as well as state-specific county and location data cuts.

4. Same Cost for 2019

The survey costs will remain unchanged for 2019. The new Regional Wage report (previously Non-Exempt and Exempt reports) will reflect the combined cost of the two PDF reports.

5. 2019 Publication Date

The 2019 Regional Pay Survey (Regional Wage and Regional Executive reports) will publish on July 29.

If you would like to participate in our Regional Pay Survey for the first time, do not remember your login, or have any questions regarding our surveys, please reach out to [email protected].


Oregon Minimum Wage Increasing July 1, 2019

By Lindsay Hill, Director of Compensation
Cascade Employers Association
[email protected]

As part of the 2016 Oregon Legislature, Senate Bill 1532, Oregon’s minimum wage will be increasing again on July 1, 2019.

The actual amount of the increase and overall minimum hourly wage varies largely by county. According to the Bureau of Labor and Industries (BOLI), the increases are broken into "Standard" counties, the "Portland Metro" area, and "Nonurban Counties." Portland Metro receives a 75 cent per hour increase, while Standard and Nonurban Counties each go up by 50 cents.

Oregon Wage Increase Illustration

Portland Metro
Nonurban Counties
July 1, 2018
July 1, 2019
July 1, 2020
July 1, 2021
July 1, 2022
July 1, 2023
Adjusted annually based on the increase, if any, to the US City average Consumer Price Index for All Urban Consumers
$1.25 over the standard minimum wage
$1 less than the standard minimum wage

Minimum wage adjustments are not intended to impact your entire organization but are intended to bring the lower wages up. However, it is important that you minimize pay compression with proper planning. Evaluate how the minimum wage adjustments will impact your entry level employees and new hires all the way through 2022. Evaluate pay compression issues and identify what you need to do annually to accommodate the changes. Communicate with your employees about the changes ahead of time and how it will impact them.

Additionally, you will need to make sure your minimum wage poster is updated to reflect this change. If you’re in need of a poster, just let us know. If you’ve already purchased a poster from Cascade this year, you will soon receive a sticker that you can adhere to your poster to reflect the new minimum wage rates.

If you need any assistance with this work, Cascade Employers Association can help!


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