Page 5 - TPM Newsletter JAN 2020
P. 5

January 2020                                                                                                                                                                                                               5
            OR - Accommoda  ons - Pregnancy Related Condi  ons           OR - Employers Liable for Missed Meal Breaks

        The Oregon Legislature recently passed House Bill 2341 (2019)   A recent decision by the Oregon Court of Appeals
        which provides addi  onal employee protec  ons related to       holds Oregon employers fully accountable for
        pregnancy, childbirth or a related medical condi  on, including   meal breaks of employees. Under the court’s new
        lacta  on. The law became eff ec  ve January 1, 2020.            “strict liability” standard, no ma  er what eff orts
                                                                        a company makes to ensure employees take a full
        Under HB 2341, employers with six or more employees             30-minute break, employers will be liable if the
        will also need to provide reasonable accommoda  ons for         period is interrupted or an employee unilaterally
        employees with pregnancy related condi  ons. Specifi cally, HB   chooses to skip the meal period.
        2341 makes it unlawful for an employer to:

        V   Deny employment opportuni  es to an applicant or
            employee based on the need to make reasonable                       ID - Increase in Fringe Benefi ts
            accommoda  on to the known limita  ons rela  ng to
            pregnancy, childbirth or a related medical condi  on,       In the six years from 2013 to 2019, Idaho
            including but not limited to lacta  on;                     employers off ered more benefi ts to a higher
        V   Fail or refuse to                                           percentage of full-  me workers than in previous
            make reasonable                                             years, according to results of the 2019 Fringe
            accommoda  on                                               Benefi ts Survey conducted by the Idaho
            to these known                                              Department of Labor.
            limita  ons, unless the                                     Periodically, the department conducts surveys
            accommoda  on would                                         of Idaho employers on the benefi ts they off er
            impose an undue                                             to their employees beyond wages and salaries.
            hardship;
                                                                        These include health, dental, re  rement and paid
        V   Take an adverse employment ac  on or in any manner          leave benefi ts.
            discriminate or retaliate against an applicant or an
            employee, with respect to hire or tenure, or any other      Some of the key fi ndings from the 2019 survey
            term or condi  on of employment, because the applicant      include:
            or employee has inquired about, requested or used a
                                                                        V   The percent of full-  me workers off ered
            reasonable accommoda  on;
                                                                           single medical coverage increased from 67
        V   Require an applicant or an employee to accept a                percent in 2013 to 78 percent in 2019.
            reasonable accommoda  on that is unnecessary to perform
                                                                        V   Family coverage
            the essen  al du  es of the job or to accept a reasonable      increased from
            accommoda  on if the applicant or employee does not            64 percent to 68
            have a known limita  on; or
                                                                           percent.
        V   Require an employee to take family leave, or any            V   Par  cipa  on
            other leave, if the employer can make reasonable               in defi ned
            accommoda  on to the known limita  ons.
                                                                           contribu  on
        Employers also will need to post signs in a conspicuous            re  rement benefi ts jumped from 38 percent
        and accessible loca  on informing employees of these new           to 57 percent of full-  me workers off ered the
        discrimina  on protec  ons and their right to reasonable           benefi t.
        accommoda  on for known limita  ons related to pregnancy,
                                                                        V   Rela  vely few part-  me workers are off ered
        childbirth and pregnancy related medical condi  ons, including     fringe benefi ts by Idaho employers.
        but not limited to lacta  on. BOLI has developed a template for
        this no  ce which employers may adapt. In addi  on to pos  ng,   V   Insight on the fringe benefi ts Idaho
        employers will need to provide a wri  en copy of the no  ce to:    employers pay to its workers is only available
                                                                           through survey studies such as this one. The
        V   New employees, at the   me of hire;                            previous Idaho Fringe Benefi t Survey report

        V   Exis  ng employees, by June 29, 2020 (180 days a  er the       was published in 2013.
            eff ec  ve date of HB 2341 (2019); and                       Read the survey for more detailed informa  on at
                                                                        h  ps://lmi.idaho.gov/Portals/0/Pubs/FringeBenefi ts2019_
        V   Any employee who informs the employer of the
                                                                        FINAL.pdf
            employee’s pregnancy, within 10 days.
        Timber Products Manufacturers Associa  on
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