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Oregon Gov. Tina Kotek just signed into law two bills that will soon change employers鈥� obligations regarding applicants and new hires. When these new laws take effect, employers will need to rethink how they collect applicant data to strip away age-related information and share more pay-related information with new hires. Let鈥檚 look over what we know about these two laws, what鈥檚 still up in the air, and best practices for anticipated compliance.

House Bill 3187

This will amend state law to change how and when employers may request age-related information from applicants.

Requirements

The law cracks down on age-related questions early in the hiring process. Employers will be prohibited from asking applicants their age, date of birth, and when they attended or graduated from any educational institution.

This prohibition applies to any applicants who have not yet received an initial interview. If an employer does not conduct initial interviews, this information may only be requested after a conditional offer has been made.

While the law provides an exception if such a request is made pursuant to 鈥渂ona fide occupational qualifications,鈥� this exception is very narrow.

Compliance methods

Most standard application forms have blank spaces for date of birth and educational history. Employers in Oregon will need to revise their applicant forms to remove date of birth requests and date information regarding an applicant鈥檚 past education. Employers who use third-party recruiters or websites should coordinate with those providers to ensure compliance. Keep in mind that the law prohibits employers only from requesting or requiring disclosure of this information. If applicants voluntarily provide age information, such as on a resume, then there is no violation.

Enforcement and penalties

As part of ORS 659A.030, violations will create exposure to employee lawsuits that allow for recovery of both damages and attorney fees. Employers should ensure appropriate steps are taken to be ready by September because penalties for noncompliance are steep.

Effective date

This law is scheduled to take effect 91 days after the current legislative assembly adjourns. That occurred on June 27; I expect this law to take effect on Sept. 26, 2025.

Senate Bill 906

This will amend state law to require employers to disclose extensive information about payroll practices to new-hire employees.

Requirements

SB 906 will require employers to provide new employees with written explanations of:

鈥� the regular pay period,

鈥� all pay rates for which employees may be eligible,

鈥� all benefit deductions and contributions,

鈥� all deductions that may apply,

鈥� the purpose of each deduction that may be made,

鈥� allowances claimed as part of minimum wage,

鈥� employer-provided benefits that may appear on an employee鈥檚 paystub, and

鈥� descriptions and definitions of all payroll codes used for pay rates and deductions.

Unanswered questions

Compliance with the new law will likely require disclosure of significantly more payroll information than most employers currently share. The law鈥檚 use of the terms 鈥渕ay apply鈥� and 鈥渁ll鈥� necessitates disclosure of information that hypothetically could apply to a specific employee. The language provides a clue in that the descriptions 鈥渘eed not be written in complete sentences.鈥� Until we receive further guidance from the Bureau of Labor and Industries (BOLI), however, it is unclear what level of detail this law requires.

Compliance methods

Fortunately, SB 906 does not require employers to hand-deliver personalized documents to each individual new hire. The bill specifies that employers can comply by making the information easily accessible to all employees. This could include providing a link to a website with the information or physically posting the documents in a shared workspace area. The bill also instructs BOLI to make available a model compliance document that employers can use as a starting point.

Enforcement and penalties

There is no private right of action for violations of this state statute, meaning employees cannot personally sue for breaches. Instead, BOLI may take enforcement action and levy a civil penalty of $500 for a violation.

Effective date

The law will take effect on Jan. 1, 2026.

Stephen Scott is a partner in the Portland office of Fisher Phillips, a national firm dedicated to representing employers鈥� interests in all aspects of workplace law. Contact him at 503-205-8094 or [email protected].

The opinions, beliefs and viewpoints expressed in the preceding commentary are those of the author and do not necessarily reflect the opinions, beliefs and viewpoints of the Daily Journal of Commerce or its editors. Neither the author nor the 91视频 guarantees the accuracy or completeness of any information published herein.