Compliance Corner: Rest and Meal Period 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 Rest and Meal Period Guide. Oregon’s mandatory rest and meal periods can be confusing for employers. This guide dives into the specifics regarding rest and meal periods, including exceptions and what to do if an employee refuses to take their breaks.
BOLI Amends OFLA and Protected Sick Leave Laws
Cascade Compliance Team
compliance@cascadeemployers.com
On March 1st, the Oregon Bureau of Labor and Industries (BOLI) amended the Oregon Family Leave Act (OFLA) and Oregon’s Sick Leave law (OSL) to clarify definitions and to amend unnecessary citations. These amendments took effect on March 2nd. The following is a summary of the main amendments:
Family Member Definition
Amends the family member definition to include any domestic partner, whereas previous, the definition only included same-sex domestic partners.
OSL and Paid Leave Oregon (PLO)
Clarifies that an employee may take OSL for any PLO qualifying reason, including when the employee is receiving PLO benefits.
Leave for a Family Member Related by Affinity
Clarifies when an employee uses protected sick leave to care for a family member who is related by affinity or to grieve the death of a family member related by affinity. Under OFLA, the employer may require the employee to attest in writing that the employee and the person cared for have a significant personal bond that, when examined under the totality of the circumstances, is like a family relationship. An employer that requires a written attestation must provide an attestation form to the employee.
BOLI states that the form does not need to be notarized, must be in the language typically used by the employer to communicate with the employee and may include the following provisions: I, (full name) _______________________, share a significant bond with (name of other person)_________________ and they are like a family member to me.
Serious Health Condition and Pregnancy Disability Definition
Amends the definition of a serious health condition and pregnancy disability to include the period of disability due to pregnancy termination, or a period of absence for fertility or infertility treatment.
Employee Eligibility under OFLA
Clarifies that when calculating an employee's average hours of work per week for OFLA eligibility purposes, the employer must include any hours of protected leave taken, including OFLA leave.
OFLA Leave Year
Clarifies that that when an employer transitions their OFLA leave year to the rolling forward leave year, all eligible employees must be provided a new, full bank of OFLA leave time.
OFLA Fitness for Duty Certification
Clarifies an employer may not require medical verification for parental leave, for the death of a family member, for the need for sick child leave due to the closure of a child's school or child care provider as a result of a public health emergency. However, if an employee has taken sick child leave on all or any part of three separate days during a leave year, the employer may only require medical verification from a health care provider on the fourth day or any subsequent use of sick child leave within that leave year. The opinion of the health care provider is binding, and the employer may not require the employee to obtain a second opinion. The employer must apply this practice uniformly and pay for any out-of-pocket expenses associated with the medical certification.
In order to be in compliance with these amendments, employers should revise their OFLA and OSL policies and procedures accordingly, as well as train supervisors on the changes. Additionally, when reviewing policies, do not forget about the recent changes to OFLA and PLO that Cascade alerted to a month ago.
EEO-1 Component 1 Reporting Opens April 30th
Cascade Compliance Team
compliance@cascadeemployers.com
The period for employers to submit their 2023 EEO-1 Component 1 Report Data opens on April 30, 2024. All EEO-1 reports must be filed by Tuesday, June 4, 2024.
As a reminder, the EEO-1 Component 1 Report must be submitted to the EEOC on an annual basis by all private sector employers with 100 or more employees, and federal contractors with 50 or more employees that:
- Are prime contractors or first–tier subcontractors; and
- Have a contract, subcontract, or purchase order amounting to $50,000 or more; or
- Serve as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Notes.
Covered employers must submit workforce demographic data, including data by job category and sex and race or ethnicity, to the EEOC. If you are a covered employer and have not submitted a report, make sure to do it as soon as possible. Federal contractors or subcontractors who fail to report could lose their federal government contract and may also be prohibited from being granted federal contracts in the future.
Help Shape the Future of Work! Take Our 2024 HR Trends Survey
McKenna Arnold, Survey and Research Manager
surveys@cascadeemployers.com
Cascade’s second quarterly HR Trends Survey of 2024 is now open for participation. This vital survey gathers insights on critical issues impacting the workplace, including:
- Compliance
- Recruitment & Retention
- Compensation & Benefits
- Diversity, Equity & Inclusion (DEI)
- Leadership Development
Why Participate?
- Your Voice Matters: Your insights directly contribute to the report, shaping industry trends and best practices.
- Stay Informed: Gain access to the exclusive report findings, keeping you ahead of the curve on emerging HR issues.
- Data-Driven Decisions: Get valuable benchmarks to compare your organization's strategies to industry trends.
- Free Survey Report: Participating organizations receive HR Trends Survey results at no charge.
New in This Edition:
- Compensation Strategies: Share your organization's compensation philosophies and plans.
- Upskilling & Development: Provide insights on your HR & Leadership training programs.
Don't miss out on this opportunity to make a difference! The survey takes just minutes to complete. Help us make this quarterly survey a success and participate now.
Coping with Burnout
Brought to you by our partnership with Canopy
An Employee Assistance Program
Burnout is another way of describing the feeling of insurmountable stress that leaves you feeling delusional and completely exhausted. Burnout can happen to anyone – managers and employees alike. It is a serious issue that impacts all aspects of your life and daily functioning.
If you or someone you know is suffering with burnout, here are some warning signs to look for:
- A sudden change in work performance and attitude
- A drop in drive and motivation
- An increase in negativity and confrontation
- Feeling a general lack in fresh ideas and creativity
- Frequently running late to work
- A rapid increase in time off
Dealing with Burnout
How do you stop burnout in your team? You need to pay attention to your employees, monitor their work habits, look out for the events and listen up for the conversations that hint at bigger issues. If the damage is already done, you need to work quickly to help the employee recover before the burnout gets worse.
Common Issues that Lead to Burnout
- Missed Opportunities – Employees who miss out on a promotion, don’t receive a bonus when they’re told it’s coming, or aren’t rewarded with feedback or support for a job well-done are more likely to experience burnout. They need to know that their hard work is noticed and that their efforts will be rewarded. By not recognizing employees, you might make them feel as if their work is undervalued or has no real contribution to the success of the organization.
- Reorganization – A changing office climate can cause feelings of anxiety to develop. Employees might be concerned about a shift in roles or responsibilities. They might be concerned that the processes they have control over might be handed off to someone else. Long periods of anxiety can quickly wear on an employee and lead to burnout.
- Uncertainty – An organization that has experienced a failure or setback, is struggling to find a new customer base, or is experiencing layoffs, can expect to see a rise in employee burnout. Many employees are expected to take on the work of two or three employees without an increase in pay or time off. The fear of job loss coupled with the extra demand on their time and work performance can rush them into feeling burnout.
- Change in Career Track – An employee planning on transitioning into another job or leaving for another organization is likely to experience burnout in their present position. The present position might feel tiring or uninspiring to the employee, causing them to slowly retreat from daily responsibilities and goals.
Provide a Release Valve
Burnout is often linked to feelings of frustration – frustration over not being in control, not having an impact, or not having a voice that’s heard. By providing opportunities for employees to vent their frustrations, release the tensions that they carry, and engage in healthy recreational activities, you help them unwind, recharge, and feel renewed in the workplace.
© 2024 Coping with Burnout. Written by Life Advantages - Author Delvina Miremadi
Canopy is Cascade Employers Association’s partner for EAP services. Canopy delivers a strong return on your investment, and through Cascade membership you get access to affordable, innovative, human-centered wellbeing services at large group pricing. Reach out to learn more about this affordable employee assistance program.
Hot Compliance Question
Cascade Compliance Team
compliance@cascadeemployers.com
Question: What are the requirements for an enforceable non-compete agreement?
Answer: In Oregon, non-competition agreements are void and unenforceable unless the following conditions are met:
- Employer must inform the employee in a written employment offer which is received by the employee two weeks before the first day of employment.
- The offer must state that a non-competition agreement is a condition of employment, or the agreement is entered into upon a subsequent bona fide advancement of employment. A bona fide advancement is not simply offering more compensation. This requires additional job duties, responsibilities or a promotion.
- The employee must be engaged in exempt level work or protectable interest.
- The restrictions do not exceed twelve months.
- The agreement must be narrow in scope of work and geographic limitations.
- The employee's total annual salary and commissions at the time of termination exceed $108,581, adjusted annually for inflation.
- Salary requirements may be bypassed if at time of termination the employer pays:
- 50 percent of the employee's annual gross base salary and commission; or
- 50 percent of $108,581 as published by the Bureau of Labor Statistics of the United States Department of Labor immediately preceding the calendar year of the employee’s termination, whichever is greater.
- Salary requirements may be bypassed if at time of termination the employer pays:
- A copy must be provided to employee within 30 days of termination.
The same restrictions are not in place for confidentiality, non-solicitation and non-disclosure agreements, which can generally be required to be signed at any time. However, there may be other restrictions on these types of agreements under other applicable laws, rules or regulations such as under the Workplace Fairness Act and National Labor Relations Act.
Five Things You May Not Know About MARCO Ideas Unlimited
By Sheryl Kelsh, Membership Development Manager
skelsh@cascadeemployers.com
In the bustling world of promotional products and branded merchandise, MARCO Ideas Unlimited stands out as a beacon of innovation, sustainability, and community dedication. With a rich history spanning over six decades, this woman-owned business has continuously evolved to meet the changing needs of Oregon's local businesses.
Here are five fascinating aspects of MARCO Ideas Unlimited that you may not be aware of:
- A Legacy of Empowerment
Founded in 1959 by Margaret Custer Ford in Medford, Oregon, MARCO Ideas Unlimited began its journey as a trailblazer in the promotional products industry. Margaret's vision not only led to the establishment of a successful business but also served as an inspiration for women seeking opportunities in entrepreneurship. Moving to the Portland metro area in the 1970s, Margaret laid the foundation for empowering local businesses, cementing MARCO's commitment to supporting Oregon's entrepreneurial spirit.
- 65 Years of Woman-Owned Innovation
In 2024, MARCO Ideas Unlimited proudly celebrates 65 years of woman-owned business innovation. From its humble beginnings to its current status as a leader in the promotional products industry, MARCO's journey exemplifies the power of perseverance, creativity, and dedication to quality.
- Third-Generation Leadership
Since the mid-90s, Nancy Gudekunst, MAS, has been at the helm of MARCO Ideas Unlimited as the second-generation owner. With deep roots in the Portland community, Nancy continues to bring a wealth of experience and expertise to the table as Owner. Daily operations are now overseen by Nancy’s son & MARCO President Tom Gudekunst, who has been with the company for nearly 20 years himself - ensuring that MARCO continues to thrive as a family-run business dedicated to serving its customers with excellence for decades to come.
- A Focus on Sustainability
In today's environmentally conscious landscape, MARCO Ideas Unlimited distinguishes itself by prioritizing eco-friendly promotional products. Recognizing the importance of sustainability, MARCO offers a diverse range of green alternatives to traditional promotional items. From biodegradable pens to reusable water bottles made from recycled materials, MARCO empowers businesses to promote their brands responsibly while minimizing their environmental footprint. Since 2020, MARCO Ideas Unlimited has donated to One Tree Planted for every order processed, planting thousands of trees to aid in reforestation efforts. MARCO also cares about protecting the local environment that makes Oregon special – the team can be found volunteering together quarterly in Southwest Portland, from weeding in community gardens to cleaning up Tualatin parks. MARCO is currently working toward advancing their Washington County Green Business Leader certification from “Silver” to “Gold” status for 2024 and beyond.
- Innovative and Stylish Eco-Swag
Contrary to popular belief, eco-friendly promotional items don't have to be bland or uninspired. At MARCO Ideas Unlimited, clients can choose from a curated selection of modern and stylish sustainable promo products. Whether it's chic tote bags made from organic cotton or sleek bamboo USB drives, MARCO ensures that eco-conscious branding aligns seamlessly with clients' values and aesthetic preferences.
Cascade is pleased to have the opportunity to feature MARCO Ideas Unlimited as an outstanding member and Oregon employer.