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2010 is fast approaching and with it will come a number of new laws that affect employers. The column this month and next will include a discussion of these laws and recommendations for steps to take.

Minimum wage
The minimum wage, which in Oregon and Washington is tied to increases in the Consumer Price Index, will not rise in either state in 2010. The minimum wage will continue to be $8.55 per hour in Washington, and $8.40 per hour in Oregon.

Workplace Religious Freedom Act
Under this law, Oregon employers are in violation of the statute if they restrict the ability of employees to wear religious clothing or take time off for holy days or religious observances when the religious activities have only a temporary or tangential impact on the employee鈥檚 ability to perform the essential functions of his or her job and reasonable accommodation of the activities will not impose an 鈥渦ndue hardship鈥� on the business.

To determine whether there is an 鈥渦ndue hardship,鈥� the following factors are considered:

鈥� the accommodation鈥檚 nature, cost and impact on the business鈥� financial resources;

鈥� the business鈥� overall financial resources, staff size, type and location;

鈥� the business鈥� operation (composition, structure, functions of workforce); and/or

鈥� the leave鈥檚 impact on maintaining a business鈥� health and safety requirements.

Addition to the Oregon vehicle code
This new law prohibits texting or using a cell phone without a hands-free device while driving in Oregon.

The broad language of the new law states that an individual may not operate a motor vehicle while using a 鈥渕obile communication device.鈥�

The law provides exceptions for emergency responders and for drivers over 18 using hands-free devices. There are additional narrowly defined exceptions for employees using one-way communication as part of their job duties.

Employers should consider taking the following actions:

鈥� Informing employees of the new law;

鈥� Reviewing and revising any company policy regarding use of wireless devices to be consistent with the new law;

鈥� Evaluating the methods of communication used by employees whose job duties require them to use wireless devices while driving to ascertain whether an alternative means of communication, consistent with the requirements of the new law, may be implemented;

鈥� Providing guidance to managers and supervisors about changes in policy or procedures resulting from the new law and ensuring that they enforce the policy consistently.

New rights for victims of assault or abuse

A new law prohibits an Oregon employer from refusing to hire an otherwise qualified individual,聽 discharging, threatening to discharge, demoting, suspending, or in any manner discriminating or retaliating against an individual with regard to promotion, compensation, or other terms, conditions or privileges of employment because the individual is a victim of domestic violence, sexual assault or stalking.

An employer is required to make reasonable safety accommodations requested by a victim, unless the employer can demonstrate that the accommodation would impose an 鈥渦ndue hardship鈥� on the business.

Undue hardship under this law requires 鈥渟ignificant difficulty or expense.鈥� This is the same standard used to determine undue hardship in making a reasonable accommodation for an employee鈥檚 disability.

Employer Gag Bill
This Oregon law 鈥� which is also known as the Workplace Freedom Act, depending on where you sit at the negotiating table 鈥� prohibits employers from mandating attendance at meetings involving an employer鈥檚 opinions regarding religious or political issues, and prohibits employers from taking any adverse employment action against employees who decline to attend those meetings.

One of the key practical effects of the law is to restrict the employer鈥檚 ability to hold mandatory meetings to discuss unions and to educate employees about union campaigns and elections.

The law defines religious matters as including 鈥渞eligious affiliation or the decision to join, not join, support or not support a bona fide religious organization.鈥� Political matters include 鈥減olitical party affiliation, campaigns for legislation or candidates for political office and the decision to join, not join, support or not support any lawful political or constituent group or activity.鈥�

The law does not prohibit a religious organization from requiring its employees to attend employer-sponsored meetings involving the employer鈥檚 religious beliefs, and likewise exempts an employer that is a political organization and that employer鈥檚 politically themed meetings.

For more information about this law see the Littler article 鈥淓mployer Speech in Oregon鈥檚 Workplaces: the Impact of SB 519鈥� at Littler’s .

Howard Rubin is the office managing shareholder of Littler Mendelson鈥檚 Portland office. His primary focus is traditional labor law matters such as representing employers in union organizing, negotiations, and labor arbitrations. Contact him at 503-889-8861 or [email protected].

Don Stait, a paralegal in Littler鈥檚 Portland office, assisted in preparing this article. Contact him at [email protected].