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A few months ago, we took the family to visit the in-laws in Washington. After hours of deliberation, I was able to convince the in-laws to head out to my favorite burger shop (and the main reason we go up to visit). When we got there, the employees were explaining that we were lucky to get burgers because they were about to go on strike. My wife immediately noted that I could help them with the strike. That conversation did not get far as I had to correct her by saying I work for the good guys 鈥� the employers (fortunately we already had our food by then).

On our way home, my son asked what a strike was. I told him it was like that time he did not have school for a month after Halloween. He then asked, if they are not working, are they getting money? At the time, the answer to that was it depends. But starting in 2026 there will be more clarity. Outlined below is a look at the background, the prior law,聽the new law, and the impact this law will have.

Background: On June 24, Oregon Gov. Tina Kotek signed Senate Bill 916 into law, allowing striking workers to qualify for unemployment insurance benefits beginning in 2026.

Oregon鈥檚 current law: Workers do not get unemployment benefits when they are out of work due to an active labor dispute at their workplace, including strikes but excluding employer lockouts. There is a very limited exception when the individual is essentially not involved in the dispute in any way.

Oregon鈥檚 Jan. 1, 2026 law: The new law will remove the labor dispute disqualification, allowing both striking and locked-out workers to receive unemployment benefits (provided they are otherwise eligible). Striking workers will be eligible to receive up to 10 weeks of benefits, starting after a two鈥憌eek waiting period. If they receive back pay as part of a strike resolution, they must repay the benefits.

Impact: SB 916 is notable for extending unemployment benefits to striking workers in both the private and public sectors. According to Oregon Public Broadcasting, Oregon is the first state to offer benefits to picketing public employees 鈥� who are barred from striking in most states. This law aims to create a more balanced starting point for both sides amid the factors that lead to strikes and sustain them.

So, the next time I鈥檓 up north and craving those burgers (likely), my son might ask again (unlikely unless I were to become a LinkedIn or Instagram influencer)聽if striking workers get paid. And now, thanks to Oregon鈥檚 new law, I will have an answer. At least until he follows up with an indeterminate number of 鈥渨hys鈥� to all my answers.

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.