Happy New Year! Celebrate With New Compliance Requirements

Entities with Oregon employees presumably recall that the 2009 legislature passed a host of new compliance requirements for employers. A description of the legislature's activity is described in our July 27, 2009, News You Can Use article.

SB 519, also known as the "gag rule," deserves particular attention in this new year. SB 519 took effect January 1 and prohibits employers from discharging or disciplining employees who refuse to attend or participate in employer-sponsored meetings about political matters or religious matters. The law does not prohibit voluntary meetings about these topics, but disputes about what is voluntary and what is not seem invited in the event of a challenge. An employee has a right to file a civil lawsuit for alleged violations of the law, and if the employee prevails, he or she is entitled to a penalty that is triple any damages as well as recovery of prevailing-plaintiff attorney fees.

As anticipated, the law is already subject to a legal challenge. On December 22, 2009, the Associated Oregon Industries and the United States Chamber of Commerce filed a lawsuit against BOLI, seeking to declare SB 519 invalid on the grounds that it is preempted by the National Labor Relations Act and violates the First Amendment provisions governing freedom of speech. The complaint in the lawsuit points out that the phrase "political matters" is defined to include decisions to join or support lawful political or "constituent group[s]," and "constituent group" is defined to encompass labor organizations. We will report on major developments in this case, but we believe there is a fair chance that some or all of SB 519 will be invalidated.

SB 519 has not yet been ruled invalid, however, and it includes a requirement that employers post signs concerning employee rights under the law. There is no standard sign prepared by BOLI, but a sign that can be used by employers is attached HERE. Employers are required to post the Notice of Employee Rights in places normally reserved for employment‑related notices and in a place "commonly frequented by employees."

Now that a number of the laws passed this past year have taken effect, employers should ensure that they evaluate employment issues addressed by new laws in a manner consistent with the new legislation. The description of these laws can be found in our July 27, 2009, News You Can Use article.

Related Areas
Employment Law and Labor Relations