Compliance Corner: Layoff Preparation and Administration Guide and Checklist
Each month, we highlight one of the many resources exclusively available to you as a member of Cascade.
This month, we are featuring our Layoff Preparation and Administration Guide and Checklist. For employers navigating layoffs, this guide and checklist details the layoff process, including preparation, planning, compliance, and employee support.
2025 Oregon Proposed Employment Bills: Latest Developments
Cascade Compliance Team
compliance@cascadeemployers.com
As detailed in Cascade’s March NewsBrief, the 2025 Oregon legislative session, running from January 21st to June 18th, includes over 100 employment-related bills. March 21, 2025, marked the First Chamber Work Session Posting Deadline. This deadline requires all bills to be scheduled for a work session, also referred to as a committee vote, in order to proceed toward becoming law. Bills not scheduled by March 21st are effectively terminated, with some exceptions.
Here is the status of notable employment-related bills:
Wage/Hour and Compensation
Work Session Scheduled – Proceeding
- HB 2746: Would require employers to disclose wages on job postings.
- 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.
Status Unclear
- HB 2962: Referred to Ways and Means Committee.
- 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 1044: Possible Work Session.
- 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.
No Work Session Scheduled - Likely Died in Committee
- 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.
- 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.
Leaves
Work Session Scheduled – Proceeding
- SB 69A: Passed Senate; In House
- 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.
No Work Session Scheduled - Likely Died in Committee
- SB 86: Clarifies multiemployer exceptions from state laws governing sick leave.
- HB 2790: Would allow the use of sick leave for mental health days with no limit or medical verification.
Unemployment Insurance
Proceeding
- SB 916A: Passed Senate; In House
- Would provide striking workers eligibility for unemployment insurance benefits.
- SB 705: Work Session Scheduled
- Would provide an alternative weekly minimum amount of workers' compensation benefits for temporary total disability.
- HB 2125: Work Session Scheduled
- Would waive the unpaid first waiting week for unemployment claims due to severe weather emergencies.
No Work Session Scheduled - Likely Died in Committee
- 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.
Disability
Work Session Scheduled – Proceeding
- HB 3187: Clarifies the meaning of "because of age" for purposes of employment discrimination law.
Status Unclear
- HB 2742: Referred to Ways and Means Committee; Public Hearing Scheduled
- 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
Work Session Scheduled – Proceeding
- HB 2548: Establishes the Agricultural Workforce Labor Standards Board and would prohibit employers from firing such workers without cause.
No Work Session Scheduled - Likely Died in Committee
- HB 2545: 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.
- HB 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.
The 2025 Oregon legislative session's next major deadline is April 9th, the First Chamber Work Session Deadline. This marks the final day for policy committees within the House and Senate to complete work sessions and move bills out of their respective chambers.
Cascade is actively monitoring this legislative session and we will keep you updated on the progression of these employment-related bills.
EEOC and DOJ Provide Clarity on Executive Orders and "Illegal DEI"
Cascade Compliance Team
compliance@cascadeemployers.com
Since taking office on January 20th, the Trump Administration has issued a series of Executive Orders relating to DEI including Executive Order 14151 and Executive Order 14173. Since then, the ambiguity surrounding the scope of executive orders targeting “illegal DEI” has created a lot of confusion regarding DEI program impacts. There have also been many legal challenges.
As of March 14th, the U.S. Court of Appeals for the Fourth Circuit granted the federal government’s request to stay a district court’s injunction issued on February 21, 2025 relating to EO 14151 and EO 14173. This means, pending appeal, that the following is currently allowed:
- Federal agencies can now implement the “Termination Provision” – terminating all equity-related grants or contracts within 60 days.
- Federal agencies can now require federal contractors and grantees to certify compliance with respect to all federal anti-discrimination laws and that they do not “operate any programs promoting DEI that violate Federal anti-discrimination laws.”
- Federal agencies now may bring enforcement actions against private sectors regarding “illegal DEI.”
Despite the federal government's stay being granted, pending appeal, the definition of "illegal DEI" has remained ambiguous. In response, on March 19, 2025, the EEOC and DOJ issued two technical assistance documents, What to Do if You Experience Discrimination Related to DEI at Work and What You Should Know About DEI-Related Discrimination at Work, to provide guidance on unlawful discrimination under Title VII of the Civil Rights Act as it pertains to DEI in the workplace. Specifically, the EEOC and DOJ clarified, most notably, the following:
Illegal DEI: “Under Title VII, an employer initiative, policy, program, or practice may be unlawful if it involves an employer or other covered entity taking an employment action motivated—in whole or in part—by race, sex, or another protected characteristic.” This is not a new standard and is how Title VII is currently applied.
Disparate Treatment: DEI related discrimination can occur in all aspects of the employment process, including hiring, firing, demotion, compensation, fringe benefits, exclusion from training, mentoring or sponsorship programs, and fellowships, and in the selection of interviews (including placement on candidate slates). This is not a new standard and is how Title VII is currently applied.
Limiting, Classifying, Segregating: Title VII also prohibits employers from limiting, segregating, or classifying employees based on race, sex, or other protected characteristics in a way that affects their status or deprives them of employment opportunities. The EEOC and DOJ list these specific examples: “Limiting membership in workplace groups, such as Employee Resource Groups (ERG) or other employee affinity groups, to certain protected groups; or separating employees into groups based on race, sex, or another protected characteristic when administering DEI or other trainings, or other privileges of employment, even if the separate groups receive the same programming content or amount of employer resources.”
Employers can maintain inclusive workplaces amidst the uncertain legal landscape by prioritizing legal compliance. Employers should use the EEOC and DOJ guidelines when examining internal DEI programs to ensure equal treatment without violating anti-discrimination laws. As a reminder, all hiring, promotion, and training practices must comply with “merit-based” standards and qualifications instead of standards based on protected characteristics including but not limited to race and gender. Additionally, any DEI resources such as groups and mentorships should be open to all employees, regardless of protected characteristics.
We anticipate more litigation over this guidance as some of the guidance and standards potentially conflict with current case law. Cascade is closely monitoring the federal DEI landscape and will keep you informed of any changes or updates.
Spring Workplace Trends Survey: Your Input Matters!
McKenna Arnold, Survey and Research Manager
surveys@cascadeemployers.com
Do you have questions about current workplace trends and what might be coming down the pipeline? Cascade’s spring edition of the Workplace Trends Survey has launched and is designed to gather insights on a variety of workplace topics and trends impacting organizations now or in the future. In just 9 questions we cover a lot, from Employee Assistance Programs (EAPs) to living wage compensation frameworks and so much more.
Your responses will help us to better understand the evolving needs and expectations of workers and organizations in our region, and to identify emerging trends that are impacting the workplace. In turn, Cascade will take this information to ensure we are giving you what you need to address these issues.
Why participate?
- Learn about emerging trends: All participants will receive a FREE copy of the survey report, which will provide valuable insights into the latest workplace trends in Oregon and SW Washington.
- Share your perspective: Provide your organization’s thoughts and trends so we can see if there are other organizations facing the same issues and impacts. Your response is valuable to us.
How to participate:
The survey is open until April 25th, so don’t delay. Please click here to participate. The survey is quick and easy (less than 10 minutes). All participants will receive a free copy of the survey report upon publication in May.
Hot Compliance Question
Cascade Compliance Team
compliance@cascadeemployers.com
Question: Do we need to have job applicants fill out an application form or can we just accept their resume?
Answer: Although you are not required to have applicants complete an application, it is recommended for a couple reasons:
- Applications ensure consistency by requiring all applicants to provide specific experience and background information. Resumes do not provide this structure and thus, the information you receive from an applicant’s resume may not be consistent. An application can ensure that you receive the same types of information from all applicants.
- Applications can act as a legal document for employers. Typically, applications include a section that requires an applicant to certify that the information they have provided is complete and accurate, and that misrepresentation or omission of facts may result in rejection of their application. Resumes do not include this certification.
Member Benefit Corner
By Sheryl Kelsh, Membership Development Manager
skelsh@cascadeemployers.com
Is It Time to Review Your Membership Benefits?
It’s easy to overlook the full range of benefits available through your Cascade Employers Association membership. With so many valuable resources at your disposal, a periodic review can help ensure that you and your team are making the most of everything included. Additionally, if you have new team members, they may not be fully aware of the extensive HR tools and support available to them. By scheduling a member benefit review, you can unlock even greater value from your membership and enhance your organization’s HR capabilities.
A member benefit review is a fantastic way to refresh your understanding and maximize the tools designed to support your business. During your review, we will cover:
- Accessing the HR Helpline – Get immediate support for your HR-related questions and challenges. Learn how to connect with expert guidance whenever you need assistance.
- Understanding the value of the Human Resources Assessment (HRA) – Identify strengths and areas for improvement within your HR processes through our high-level assessment.
- Signing up for complimentary HR Connect training webinars – Stay up to date with the latest HR best practices through our informative webinar series.
- Exploring the Quick Pulse Employee Survey – Gain valuable insights into employee satisfaction with our easy-to-use survey tool.
- Finding the latest compliance and leadership Micro-Learning Videos – Stay ahead of changing regulations and leadership strategies with our ever-expanding library of short, impactful training videos.
- Taking a tour of the Members Only section on our website – Discover the full range of HR resources, templates, toolkits, and industry insights available exclusively to members.
- Participating in and benefiting from our latest HR Trend Surveys – Contribute to industry-leading research and receive complimentary reports filled with critical HR insights.
- Claiming your HRCI Complimentary Recertification Credits – Maintain your professional HR certification with the help of free credits included in your membership.
- Reviewing new Membership Package Options – Learn about newly introduced membership packages that offer even more benefits tailored to your needs.
- Getting information on our Association Health Plan – Explore health insurance options that may provide essential coverage for your team at competitive rates.
- Utilizing our Partner Solutions – Save money with exclusive member pricing from our our vetted partners for workplace solutions like drug testing, background checks, employee assistance program, and more.
And remember, members always receive discounted pricing on all training and fee-for-service projects.
Beyond these essential benefits, your membership provides access to a community of like-minded professionals dedicated to achieving HR excellence. Engaging with your member benefits can lead to improved HR strategies, cost savings, and a more empowered workforce.
Scheduling your member benefit review is quick and easy. Simply reach out to Sheryl Kelsh today to book your online review and take full advantage of the outstanding benefits available to you through Cascade Employers Association. Don’t miss this opportunity to enhance your organization’s HR capabilities and ensure that your team is leveraging every valuable resource at their fingertips!