BOLI Announces 2025 Minimum Wage Rates
Cascade Compliance Team
compliance@cascadeemployers.com
On April 11th, the Bureau of Labor and Industries (BOLI) announced Oregon's new minimum wage rates, effective July 1, 2025. The annual minimum wage adjustment, calculated by BOLI's Labor Commissioner by April 30th of each year, is based on a 2.4% rise in the US Consumer Price Index from March 2024 to March 2025, resulting in a 35-cent increase over the 2024 minimum wage rates.
Effective July 1, 2025, Oregon’s minimum wage rates are as follows:
- Standard Minimum Wage: $15.05 per hour
- Portland Metro Minimum Wage*: $16.30 per hour
- Non-Urban Minimum Wage**: $14.05 per hour
*Portland Metro Minimum Wage: Applies to work locations within the urban growth boundary, and generally includes Clackamas, Multnomah, and Washington Counties. To see if an exact address qualifies, click here.
**Non-Urban Counties: Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, and Wheeler.
To prepare for the July 1st minimum wage adjustments, Oregon employers should carefully evaluate the potential impact on their employees making close to minimum wage to ensure wage and hour compliance.
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2024 EEO-1 Report Filing Dates
Cascade Compliance Team
compliance@cascadeemployers.com
The Equal Employment Opportunity Commission (EEOC) has recently announced the opening and closing date for EEO-1 reporting. On May 20, 2025, employers may begin to file EEO-1 reports through the EEO-1 filing platform; the filing platform closes on June 24, 2025, at which time employers must have filed their EEO-1 reports. The following employers are required to file EEO-1 reports:
- Employers with 100 or more employees; and
- Federal contractors and first-tier subcontractors with 50 or more employees and a federal contract, subcontract, or purchase order worth $50,000 or more.
Employers required to file EEO-1 reports must choose a workforce snapshot period, which is a pay period between October 1, 2024, and December 31, 2024, and report the number of employees by job category, race or ethnicity, and sex from that pay period. Additionally, the EEOC has proposed to remove the option for employers to voluntarily report on employees who identify as non-binary.
Employers should prepare for EEO-1 filing by choosing their workforce snapshot period and beginning to gather the data required to be included in their EEO-1 report.
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2025 Washington Employment Bills Signed into Law
Cascade Compliance Team
compliance@cascadeemployers.com
Washington State's 2025 legislative session concluded on April 27th, addressing numerous employment related bills. The following summarizes the key bills that have been signed into law or are expected to receive the Governor's signature.
EFFECTIVE JULY 1, 2025
HB 1788 - Concerning Workers' Compensation Benefits
(If funding is not provided by June 30, 2025 – law will be null and void)
- Amends Washington’s workers’ compensation laws for claims on or after July 1, 2025:
- Compensation payments to individuals with legal custody of a worker's child will be set at two percent of the worker's wages.
- The worker or surviving spouse’s payment will be reduced by the amount paid to the custodial parent.
- Monthly payment amounts will depend on whether the worker is married and has children, with set wage percentages for each situation.
- If both spouses qualify as disabled workers, only the one with higher wages can claim compensation for the child.
EFFECTIVE JULY 27, 2025
HB 1308 – Concerning Access to Personnel Records
(As of April 22, 2025 – Awaiting Governor Signature)
- Amends existing Washington state laws regarding employee access to personnel records:
- Mandates employers must allow employees to inspect their personnel files annually upon request and provides a detailed definition of what constitutes a "personnel file," including job applications, performance evaluations, and payroll records.
- Employers must give copies of these files within 21 days at no cost, and must also provide a signed statement about why a former employee was discharged if asked.
- Clarifies that it does not create a retention schedule for records or require employers to create personnel records.
- Establishes statutory damages for violations, with penalties ranging from $250 to $1,000 depending on how late the employer responds to the request.
SB 5408 – Allowing for Corrections to Wage and Salary Disclosures
(As of May 5, 2025 – Awaiting Governor Signature)
- Amends the Equal Pay and Opportunities Act:
- Washington employers may now list a fixed pay amount instead of a wage range if only one amount is offered, including for internal transfers.
- The definition of “postings” does not include postings that are replicated and published without the employer’s consent.
- Clarifies that any statutory damages for plaintiffs in pay transparency lawsuits will range from $100 to $5,000 per violation.
- From the amendment’s effective date through July 27, 2027, employers have the ability to correct any postings missing required information.
- If the employer is notified in writing of non-compliance, they have five business days to fix it before facing penalties.
SB 5525 – Concerning Employment Loss Due to Businesses Closing or Mass Layoffs
(As of April 27, 2025 – Awaiting Governor Signature)
- Establishes new requirements for employers regarding notice and protections for workers facing job loss due to business closures or mass layoffs. Requirements modeled after the federal WARN Act but provides broader protections and notice requirements:
- Employers with 50 or more full-time employees must provide at least 60 days’ written notice to affected employees and the Employment Security Department (ESD) before a business closure or mass layoff.
- The notice must include detailed information about the closure/layoff, affected job titles, and whether the action is permanent or temporary.
- Notice requirements are excused for unforeseeable business circumstances, natural disasters, or certain construction projects.
- Employers with 100 or more employees must continue group health insurance for affected workers for up to 120 days or until they find other coverage, whichever is sooner.
- Unless notification is excused, employers would not be permitted to include in a mass reduction in force any employee currently taking paid family or medical leave under the Washington Paid Family and Medical Leave law.
HB 1747 – Expanding Protections for Applicants and Employees under the Washington Fair Chance Act
- Prohibits employers from automatically or categorically excluding individuals from employment based solely on their criminal record. Employers are restricted from seeking information about an applicant's criminal history until after a conditional offer of employment has been extended.
- Previously under the Washington Fair Chance Act, employers could inquire about criminal history following the initial qualification assessment.
- Requires employers to demonstrate a "legitimate business reason" when taking tangible adverse employment action against an employee or applicant based on their criminal history. Employers must consider factors such the nature and seriousness of the crime, its relevance to the job, and evidence of rehabilitation.
- Explicitly prohibits employers from taking adverse action due to arrest records without a subsequent conviction, and due to juvenile conviction records.
HB 1875 – Allowing the Use of Paid Sick Leave to Prepare for or Participate in Certain Immigration Proceedings
- Expands Washington’s Paid Sick Leave law, allowing employees to take paid sick leave to prepare for, or participate in, any judicial or administrative immigration proceeding involving the employee or their family member:
- The documentation or written statement must not disclose any personally identifiable information about a person's immigration status or underlying immigration protection.
- If an employer requests verification for an absence exceeding three days, the employer must accept either: documentation from an advocate, attorney, clergy member, or other professional helping the employee or their family; OR the employee's own written explanation.
SB 5501 – Concerning Employer Requirements for Driving
- Prohibits an employer from requiring a driver's license as a condition of employment, or from including a statement on the job posting that an applicant must have a valid driver's license. The only exception to this is if driving is one of the essential job functions or driving is related to a legitimate business purpose for the position.
HB 1490 – Concerning Fingerprint-Based Background Checks
- Mandates that applicants for positions such as long-term care workers, direct care workers, child placement providers, high-risk providers, or workers in transitional care facilities must complete fingerprint-based state and federal background checks, processed through the Washington State Patrol and the FBI, prior to working in positions with unsupervised access to children or vulnerable adults.
EFFECTIVE JANUARY 1, 2026
HB 1213 – Expanding Protections for Workers in the State Paid Family and Medical Leave Program
(If funding is not provided by June 30, 2025 – law will be null and void)
- Expands WA Paid Family Medical Leave (PFML).
- Job protections apply even if an employee is not eligible for FMLA, as long as the employee has worked for their employer for at least 180 calendar days before taking leave and the employer has:
- 25 or more employees beginning January 1, 2026 - December 31, 2026;
- 15 or more employees beginning January 1, 2027 - December 31, 2027; and
- 8 or more employees beginning January 1, 2028 – and thereafter.
- Lowers the minimum leave claim from 8 to 4 consecutive hours.
- Requires employers to maintain health care coverage during PFML leave.
- Provides grants to small employers (150 employees or less) to offset leave-related costs.
SB 5041 – Concerning Unemployment Insurance Benefits for Striking or Lockout Workers
(As of April 22, 2025 – Awaiting Governor Signature)
- Amends Washington’s unemployment insurance laws to allow workers on strike or locked out by their employer to receive unemployment benefits for up to six weeks, starting on the second Sunday after a strike begins, with a one-week waiting period.
- Previously, striking workers were prohibited from receiving unemployment benefits.
EFFECTIVE JULY 1, 2026
HB 1644 – Concerning the Safety and Health of Working Minors
- Increases the safety of working minors and strengthens penalties for businesses that may endanger their minor employees:
- Establishes minimum penalties for violating minor employment restrictions, ranging from $100 for lacking a minor work permit to at least $71,000 for violations causing serious injury or death to a minor.
- Requires Washington’s Labor and Industries (L&I) to revoke an employer's minor work permit if the employer committed a serious, willful, or ongoing safety, health, or child labor violation that caused either death or physical harm to a minor, or that required an order of immediate restraint.
- Prohibits contractors who have had their minor work permits revoked from bidding on public works projects in certain circumstances.
- Requires L&I to conduct a safety and health consultation at a worksite before granting a student-learner variance.
HB 1121 – Concerning Restrictions on the Working Conditions and Hours of Sixteen- and Seventeen-Year-Olds
- Allows 16- and 17-year-olds enrolled in a technical education program to work up to 48 hours per week if employed by an employer approved by their program.
- Previously, anyone under 18, either in school or enrolled in a technical education program, could only work 20 hours per week except for 48 hours on a non-school week(s).
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New Executive Order Reinforces English Proficiency Requirement for Drivers
Cascade Compliance Team
compliance@cascadeemployers.com
On April 28, 2025, the Trump Administration issued an Executive Order Enforcing Commonsense Rules of the Road for America’s Truck Drivers. This order focuses on reinforcing the English language proficiency requirements for commercial truck drivers in the United States. Specifically, the EO states that “proficiency in English…should be a non-negotiable safety requirement for professional drivers and they should be able to read and understand traffic signs, communicate with traffic safety, border patrol, agricultural checkpoints, and cargo weight-limit station officers. Drivers need to provide feedback to their employers and customers and receive related directions in English.”
Federal law mandates English proficiency for drivers of commercial motor vehicles operating in interstate commerce. However, in 2016, guidance was issued that eased the enforcement of these requirements. This EO requires the Secretary of Transportation to rescind the 2016 guidance within 60 days and implement stricter enforcement. Specifically, the Secretary of Transportation must:
- Issue new guidance to FMCSA and enforcement personnel outlining revised inspection procedures necessary to ensure compliance with the requirements of 49 C.F.R. 391.11(b)(2);
- Ensure out-of-service criteria are revised so that English language proficiency violations result in a driver being placed out-of-service;
- Review non-domiciled commercial driver’s licenses issued by relevant State agencies to identify any unusual patterns or numbers or other irregularities with respect to non-domiciled CDL issuance;
- Evaluate and improve the verification of domestic and international commercial driving credentials; and
- Identify and begin carrying out additional administrative, regulatory, or enforcement actions to improve the working conditions of America’s truck drivers.
Drivers of commercial interstate commerce should review their policies and make sure drivers are trained accordingly. Also, it should be noted that the Equal Employment Opportunity Commission (EEOC) generally views "English Only" policies requiring English at all times to be discrimination based on national origin. Limited exceptions may be permissible if an employer demonstrates a business necessity for specific situations, such as safety. However, blanket rules prohibiting non-English communication outside of essential job-related duties are generally unlawful under both state and federal anti-discrimination laws.
Cascade will continue to monitor this executive order and provide updates should state law be impacted.
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New Executive Order Aims at Eliminating Disparate Impact Claims
Cascade Compliance Team
compliance@cascadeemployers.com
On April 23, 2025, the Trump Administration issued an Executive Order Restoring Equality of Opportunity and Meritocracy. This order focuses on eliminating the use of disparate impact liability by federal agencies, such as the Equal Employment Opportunity Commission (EEOC), in their enforcement of civil rights laws.
Disparate impact is a legal doctrine primarily used under Title VII of the Civil Rights Act. In employment law, it prohibits employers from having seemingly neutral policies or practices that disproportionately affect members of the protected class, even if the harm was not intentional. If an employee makes a disparate impact claim, the burden shifts to the employer to prove the policy is job-related and a business necessity. However, even with such poof, an employee can still prevail by showing a less discriminatory alternative exists.
The Executive Order states that disparate impact liability “runs contrary to equal protection” and is thus, unconstitutional because it “all but requires individuals and businesses to consider race and engage in racial balancing to avoid potentially crippling legal liability.”
The Executive Order includes the following directives related to employment law:
- Revoking Certain Presidential Actions: Revokes any prior Presidential actions that allowed federal agencies to enforce disparate impact liability.
- Enforcement Discretion to Ensure Lawful Governance: Mandates federal agencies to deprioritize enforcement of all statutes and regulations that include disparate impact liability.
- Existing Regulations: Directs the U.S. Attorney General, in coordination with federal agency heads, to report to the President within 30 days:
- Every current regulation, rule, guidance, and order that allows the use of disparate impact liability and their plans to repeal or amend as legally appropriate; and
- Identify other federal and state laws and court decisions that impose disparate impact liability, and suggest appropriate actions to resolve any constitutional or legal issues.
- Review Current Matters:
- Directs the U.S. Attorney General and the Chair of the EEOC to assess within 45 days all pending investigations, lawsuits, or positions that rely on disparate impact liability and take appropriate action consistent with this Executive Order;
- Directs all federal agencies to evaluate within 90 days, all existing consent judgments and permanent injunctions that rely on disparate impact liability and take appropriate action consistent with this Executive Order.
- Future Agency Action:
- Directs the U.S. Attorney General, in coordination with other agencies, to determine whether federal law preempts state laws that impose disparate impact liability within state discrimination statutes or if those laws are unconstitutional, and to take appropriate action consistent with this Executive Order;
- Directs the U.S. Attorney General and the Chair of the EEOC to jointly formulate and issue guidance or technical assistance to employers regarding appropriate methods to promote equal access to employment regardless of whether an applicant has a college education.
It is important to note that this Executive Order has the effect of eliminating EEOC’s enforcement of disparate impact but does not eliminate disparate impact as a legal theory under Title VII. Accordingly, employers must still comply with Title VII and state/local anti-discrimination laws as interpreted by courts, including obligations to maintain workplaces free from discrimination and harassment. For example, Oregon’s Bureau of Labor and Industries retains authority to enforce state anti-discrimination laws, and employees can still pursue discrimination claims, including disparate impact, under Oregon law.
Cascade will continue to monitor this executive order and provide updates should state law be impacted.
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Hot Compliance Question
Cascade Compliance Team
compliance@cascadeemployers.com
Question: What do we do if an employee completed an expired Form I-9 at the time of their hire?
Answer: As long as the documents the employee presented were acceptable and unexpired at the time of hire, then you may attach the completed form to a blank current version of the form and sign Section 2 of the form. You should attach an explanation to the forms on why the wrong version of the form was used.
Alternatively, you may attach an explanation to the completed form stating that the wrong version was used and that the form was completed in good faith.
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Five Things You May Not Know About Newberg Steel & Fabrication
By Sheryl Kelsh, Membership Development Manager
skelsh@cascadeemployers.com
Newberg Steel & Fabrication, Inc., a third-generation family-owned business, has served the Pacific Northwest since 1951. Located in Newberg, Oregon, they offer a comprehensive range of services and products.
Here are five things you might not know about them:
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Comprehensive Steel Services and Products
Newberg Steel & Fabrication provides a wide array of services, including structural steel fabrication, steel erection, field welding, and installation. They cater to both commercial and residential contractors in Oregon and Washington.
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Family-Owned Since 1951
Founded by Vic and Betty Snyder, Newberg Steel began as a multipurpose family-owned business. In 1998, Jeff and Jackie Lane purchased the company from Jackie's parents. Under their leadership, the company expanded its focus to include steel services and fabrication. In 2011, they moved to a larger facility off Hwy 99W to better serve their growing customer base. In 2020, the business transitioned to the third generation Jessica Kinion and her husband Landon. The company continues to uphold its commitment to family values, with Jessica as the new owner and General Manager, and Landon as Project Manager.
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Community Engagement and Educational Initiatives
Newberg Steel & Fabrication is dedicated to community involvement. They have partnered with Portland Community College and Newberg High School to offer scholarship programs for qualified students interested in welding and fabrication. This initiative aims to address the anticipated shortage of trained welders as more experienced professionals retire.
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A One-Stop Shop for Metal and Welding Needs
Beyond fabrication services, Newberg Steel & Fabrication operates a retail store that provides welding supplies, welding equipment, welding gases, hand tools, marking and layout tools, trailer parts, and more. Their distribution center offers products sold in quantities and cut-to-length steel, stainless steel, and aluminum. This comprehensive range of products and services positions them as a one-stop shop for both professionals and DIY enthusiasts.
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Commitment to Quality and Customer Satisfaction
With decades of experience, Newberg Steel & Fabrication takes pride in their workmanship. Their goal is to ensure the complete satisfaction of every customer. They emphasize doing the job right the first time, leveraging their extensive expertise to meet diverse project requirements. Their commitment to quality has earned them positive reviews and a strong reputation in the industry.
Cascade is pleased to have the opportunity to feature Newberg Steel as an outstanding member and employer.
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