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In addition to the pressure of following through with personal New Year鈥檚 resolutions, Oregon employers face new rules starting the first of January. A couple of the more significant ones impacting businesses in 2016 are: mandatory paid sick leave requirements, criminal history disclosure restrictions, and changes to noncompetition agreements.

Mandatory sick leave

With the passing of Senate Bill 454 B, employers in Oregon must now offer job-protected sick leave to all employees 鈥� even part-time, temporary and seasonal ones. For employers with 10 or more employees or those with six or more if the business is located in a city with a population of more than 500,000, that leave is paid time off. As of now, the only city in Oregon that exceeds the population threshold is Portland.

Paid sick leave accrues at a rate of one hour for every 30 hours of work, though employers are allowed to alternatively credit the entire lump sum amount of leave at the beginning of the benefit year (referred to as 鈥渇rontloading鈥�). Exempt employees will be presumed to work 40-hour weeks unless their regular work schedule is less than that, in which case it will accrue based on the hours of the employee鈥檚 regularly scheduled work week.

The permitted uses of this leave extend beyond an employee鈥檚 personal illness to include things such as time off to care for a sick family member, time off for the birth or adoption of a child, domestic violence leave, time off necessitated by certain public health emergencies, and for bereavement in the event of the death of a family member.

So, what resolutions should employers have related to mandatory sick leave?

1. Post the notice of sick leave rights in workplaces by Jan. 1, 2016.

2. Update sick leave or PTO policies if they already exist to make sure they comply with the new law.

3. Give employees written notice of sick leave rights. An easy way is to enclose the updated policy with their next paycheck.

4. Ensure supervisors and those who administer attendance policies are aware of what absences are protected so that employees are not impermissibly penalized for taking what is supposed to be protected time off.

Job application restrictions

With the passing of House Bill 3025 A, Oregon has joined the 鈥渂an the box鈥� movement 鈥� an effort by cities, counties and states, to remove a checkbox on applications that asks any variation of, 鈥淗ave you ever been convicted of a crime?鈥� Nineteen states now have such a law, and more are expected to follow in their footsteps.

To be clear, Oregon鈥檚 law does not restrict employers from considering a candidate鈥檚 criminal history. It simply restricts an employer鈥檚 ability to require an applicant to disclose criminal history on the application or any time prior to the initial interview. During or after the interview, an employer can ask about an applicant鈥檚 criminal history. If there is no interview, an employer can ask after a conditional offer of employment is made.

There are a few exceptions, particularly when federal, state or local law requires the consideration of criminal history. A few examples would include adult foster care, hospice and home health care jobs that require direct contact with patients.

So, what resolutions should employers have related to 鈥渂an the box?鈥�

1. Ensure that application forms, and any other pre-employment documentation, do not ask that criminal histories be disclosed.

2. Ensure that hiring personnel know not to ask about criminal histories of any applicants or potential applicants until the interview stage, or offer stage if there is no interview.

Noncompetition agreement caps

House Bill 3236 A amends ORS 653.295 by reducing the length of enforceability of noncompetition agreements from 24 months to 18 months after the date of termination. As a refresher, employers must notify the employee in a written employment offer that a noncompetition agreement is required at least two weeks before the start date. Additionally, the employer must provide the terminated employee compensation of at least 50 percent of the employee鈥檚 annual salary plus commissions or at least 50 percent of the median family income of a four-person family, whichever value is greater, for the entirety of the time that a former employee鈥檚 noncompetition agreement is in effect.

So, what resolutions should employers have related to noncompetition agreements?

1. Any noncompetition agreements or related post-employment restrictions should be reviewed by qualified counsel for enforceability in light of these changes to the law.

2. Anticipate that noncompetition limitations entered into after Jan. 1, 2016 won鈥檛 last beyond 18 months, and plan accordingly.

Amy Robinson is a shareholder in Jordan Ramis PC鈥檚 employment law practice group. She previously served as a human resources professional. Contact her at 503-598-7070 or [email protected].