The following resources provide information about the Oregon Equal Pay Act: Stephanie Neuhart Completed within three years before the date that the employee filed the action, an equal-pay analysis of the employer’s pay practices in good faith that was reasonable in detail and scope in light of the size of the employer and included a review of practices designed to eliminate unlawful wage differentials; and. ORS 659A.885(5). Oregon’s pay equity law went into effect on Jan. 1, and it is now possible for employees to file complaints with the Bureau of Labor and Industry. Yes, unless the higher compensation is justified by one or more bona fide factors provided by law. 839-008-0000 ... “Employer” means any person employing one or more employees, including the State of Oregon or any political subdivision thereof or any county, city, district, authority, public corporation or entity and any of their instrumentalities organized and existing under law or charter. Evidence of employer conducting an equal-pay analysis under this law is not admissible in any other proceeding. Yes, employees performing work of comparable character may be compensated at different levels so long as the differences are based entirely on one or more “bona fide factors” that are specifically provided in the law. Yes. Democrats in the Oregon state Senate are attempting to codify the definition of “equity” into an amendment on recycling. Best practices include having defined systems in place to recognize specific bases for differentials. Since PERS benefits are dictated by Oregon law, the varying benefits provided for different tiers of PERS-covered employees do not need to be factored in employees’ total compensation. Has made reasonable and substantial progress toward eliminating unlawful wage differentials for the employer's employees. The law provides that if the commissioner of Oregon Labor and Industries issues a final order in favor of a complainant alleging a violation of the pay equity law, the order must require the employer to pay an award of back pay for the lesser of: Courts may award injunctive relief and any other equitable relief that may be appropriate, including back pay, as well as compensatory damages. After 33 years at the University of Oregon, Jennifer Freyd, professor of psychology, would like to accept the retirement package she and some of her senior colleagues were recently offered.. As most employers know, the Oregon Equal Pay Act of 2017 (OEP) prohibits screening job applicants based on current or past compensation. The law prohibits employers from inquiring about a candidates past or current salary information BEFORE an offer, including a compensation amount, has been made. Your employer can’t give someone a pay cut to make their pay equal with other employees. Consider hiring a third party to conduct a “pay equity analysis.” Given the variety of protected classes and the difficulties of ascertaining protected class membership the agency cannot endorse any particular pay-equity analysis tool. No. Like most Oregon laws, the Equal Pay Act requires employers to post a notice advising employees of their rights under the law in an area where all employees can easily see it. However, an employer may not consider salary history even if an applicant voluntarily discloses it. All employers with one or more employees performing work in the state of Oregon. Contact information, related policies, and complaint procedures are listed on the statement of non-discrimination. The two-year period immediately preceding the filing of the complaint, plus the period of time commencing with the date on which the complaint is filed and ending on the date on which the commissioner issued the order; or. REPR Class Pay Opt Range Opt Salary Range Rate 1 Rate 2 Rate 3 Rate 4 Rate 5 Rate 6 Rate 7 Rate 8 Rate 9 Rate 10 Rate 11 Rate 12 Rate 13 Rate 14 Rate 15 Rate 16 Rate 17 If you are an employer with 50 or more full-time employees and you intend to bid or propose on any state agency contracts that may be valued at $500,000 or … ORS 659A.357. Yes. Evidence of an equal-pay analysis is not admissible in any other proceeding and may not be considered an admission of liability in a civil action alleging a violation of ORS 652.220. The law prohibits employers from screening job applicants based on current or past compensation, and from determining compensation for a position based on a prospective employee's current or past compensation. Oregon Bureau of Labor & Industries protects employment rights, advances employment opportunities, and ensures access to housing and public accommodations free from discrimination. The Fisher Phillips Pay Equity Practice Group works with you to help navigate the challenging demands of equal pay … The bona fide factors that permit employees to be compensated differently for performing work of comparable character are a seniority system, a merit system, a system that measures earning by quantity or quality of production (such as piece-rate), workplace location, travel (if regular and necessary for the employee), education, training, and/or experience. If an employer chooses to collect that information from its employees, great care should be taken with the data that is collected to ensure that it is not the basis for any future discrimination claims. The law allows employers to ask candidates if a salary range is acceptable or what a candidate's desired salary is. Employers cannot discriminate against an employee because they make a complaint or are testifying in any investigation related to the pay equity law. The hours you work, including time of day or day of the week, may differentiate the work enough to be considered not work of comparable character, justifying payment of employees at different compensation levels. This law will become effective on July 28, 2019. The university hired Berkeley Research Group, LLC to review and analyze salaries of tenured and tenured-track faculty and conduct a pay-equity analysis related to gender, race, and ethnicity.The study will collect salary data, analyze, review, and interpret results, and generate findings related to salary differences. Assessment tools; The law specifically allows employers to consider the compensation of current employees during a transfer, move, or hire to a new position with the same employer. They can ask you for your preferred salary, but can’t require you to provide a history of past wages. It’s illegal for your employer to pay you less than someone else because of your race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age. Employees should not be required to provide information that identifies their protected class status other than on an anonymous or voluntary basis. This is based on actual job duties performed, not titles or job descriptions. Stat. Evidence that an employer has increased an employee’s pay as a result of conducting an equal-pay analysis may not be considered as an admission of liability in a civil action alleging a violation of ORS 652.220. Discrimination between employees on the basis of a protected class in the payment of wages or other compensation for work of comparable character is unlawful and will be considered ‘unpaid wages’. help@boli.state.or.us, call 971-673-0761, or
Domestic violence protections for workers, Your employer must pay you the same amount as other people doing comparable work (including wages, bonuses, benefits, and more).*. An employee with concerns about their individual pay can always contact the Office of Investigations and Civil Rights Compliance (OICRC) to discuss their concerns. State-wide. Any system used to justify a compensation differential must be a consistent and verifiable method that was in use at the time of the alleged violation. By prohibiting employers from relying on prior salary at all, the Oregon Equal Pay Act of 2017 goes further to stop the prior salary defense than have the EPA, as interpreted by the circuit courts of appeals, and other recent state equal pay laws. The period of time the complainant was subject to an unlawful wage differential by the employer plus the period of time commencing with the date on which the complaint is filed and ending on the date on which the commissioner issued the order. No. Employees who only work partly in Oregon are not considered employees unless their contract of employment was entered into in Oregon or payments are normally made in Oregon. The Act originally approved in 2017. 2. However, SB 123 (2019) clarified that an employer may pay employees for work of comparable character at different compensation levels on the basis of one or more of the bona fide factors listed just above that are contained in a collective bargaining agreement.