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Oregon Pay Equity Update: Legislature Temporarily Amends Equal Pay Act to Allow for Hiring and Retention Bonuses and Vaccine Incentives

By Laura Rosenbaum & Caroline Sundbaum on July 21, 2021
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The Oregon legislature recently passed HB 2818, which made several notable (and needed!) amendments to Oregon’s Equal Pay Act, including:

  • Temporarily exempting hiring bonuses offered to prospective employees and retention bonuses offered to existing employees from the definition of “compensation.”  This amendment is temporary and effective only until March 1, 2022.
  • Permanently exempting vaccine incentives provided during a public health emergency from the definition of “compensation.”  This includes both monetary and nonmonetary incentives, including additional paid time off.

Under existing Oregon law, employers must ensure that employees performing “work of comparable character” receive equal “compensation,” unless the difference can be justified by specific factors listed in the statute.  (Read more about Oregon’s Equal Pay Act here.)  By temporarily exempting hiring and retention bonuses and permanently exempting vaccine incentives from “compensation,” the legislature gave Oregon employers more leeway to award bonuses in today’s challenging environment.

If you have any questions about how Oregon’s Equal Pay Act affects your business, feel free to contact us.

Photo of Laura Rosenbaum Laura Rosenbaum

Laura Rosenbaum is a partner in the Labor & Employment group. She represents clients in employment-related litigation in court and before administrative agencies. Her experience includes defending employers against a wide range of employment claims relating to employment discrimination, harassment and retaliation; medical…

Laura Rosenbaum is a partner in the Labor & Employment group. She represents clients in employment-related litigation in court and before administrative agencies. Her experience includes defending employers against a wide range of employment claims relating to employment discrimination, harassment and retaliation; medical leave laws; disability accommodation; wage & hour disputes; and workplace torts, as well as litigating non-competition agreements. Her practice also involves counseling employers on employment-related issues; conducting internal investigations; and preparing employee contracts, handbooks and policies.

Click here for Laura Rosenbaum’s full bio.

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Photo of Caroline Sundbaum Caroline Sundbaum

Caroline Sundbaum represents companies in employment lawsuits and has experience defending everything from complex wage & hour class actions to sensitive sexual harassment claims. She is an experienced trial attorney and former public defender who looks at the big picture and knows when…

Caroline Sundbaum represents companies in employment lawsuits and has experience defending everything from complex wage & hour class actions to sensitive sexual harassment claims. She is an experienced trial attorney and former public defender who looks at the big picture and knows when to aggressively litigate and when to make a case quickly go away.

Click here for Caroline Sundbaum’s full bio.

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  • Posted in:
    Uncategorized
  • Blog:
    World of Employment
  • Organization:
    Stoel Rives LLP
  • Article: View Original Source

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