From charlie.burr at state.or.us Fri Oct 9 12:11:15 2015 From: charlie.burr at state.or.us (Burr, Charlie) Date: Fri, 9 Oct 2015 19:11:15 +0000 Subject: NEWS RELEASE: BOLI announces statewide sick time rulemaking hearings for public input Message-ID: <6376A41CAD6C3E4F8A65385BDA4072616DFAC451@D5DAG1B.D5.USA.NET> [cid:image001.gif at 01D1028B.97C89630] For Immediate Release October 9, 2015 CONTACT: Charlie Burr, (971) 673-0788 wk. or Paloma Sparks, (541) 337-4740 BOLI announces statewide sick time rulemaking hearings for public input Avakian: "We want to hear from employers and advocates" PORTLAND, OR-The Bureau of Labor and Industries (BOLI) will hold a series of rulemaking hearings on Oregon's new protected sick time law (SB 454), the agency announced today. In addition, members of the public can review proposed rules online and submit comments directly to the agency. An advisory committee comprised of employers, labor organizations, legislators, agricultural and farm sector representatives, and family policy advocates has been assisting BOLI in the rulemaking process. "Oregon's new sick time law represents an important step forward for workplaces around the state," said Labor Commissioner Avakian. "We want to hear from the public so that our agency can make the new protections work for employees and businesses alike." Rulemaking for Oregon's sick days law includes topics such as: * Required employer notices; * When sick time must be paid; * Sick time accrual; * Medical verification; * Purposes for leave; and * How employers should determine the number of employees for their workforce for sick leave eligibility. Rulemaking hearing 1: Eugene Date: Thursday, October 15 Time: 5 p.m. to 7 p.m. Location: Eugene Public Library (Bascom-Tykeson rooms), 100 W. 10th Ave, Eugene Rulemaking hearing 2: Bend Date: Tuesday, October 20 Time: 11:30 a.m. to 1:30 p.m. Location: Deschutes Services Center (Barnes/Sawyer room), 1300 NW Wall St, Bend Rulemaking hearing 3: Portland Date: Monday, October 26 Time: 12:00 p.m. to 2:00 p.m. Location: Portland State Office Building (1B), 800 NE Oregon St, Portland Interested members of the public may submit comments to paloma.sparks at state.or.us and do not need to attend hearings in person. "Our agency is committed to supporting Oregon's new sick days protections in a way that's fair to employers and employees," said Labor Commissioner Avakian. "Oregon businesses should expect to see trainings starting in late November to help them navigate and comply with the new law. We want the measure to be as successful as possible and will direct resources to help organizations get up-to-speed on what the law means for them and their workforce." Employer outreach The agency's Technical Assistance for Employers program will develop and distribute fact sheets, frequently asked questions, and other training material for employers by the end of November after rulemaking is finalized. In addition, BOLI will hire new Technical Assistance staff to support employer outreach and answer employers' questions before the law takes effect on January 1. Compliance experts will also offer a series of seminars for businesses in the late fall after the agency finalizes the rulemaking process. The program's employer hotline at (971) 673-0824 will field employer calls. ### For more information about BOLI's efforts to support Oregon employers and protect Oregon's workforce, visit http://www.oregon.gov/BOLI. Charlie Burr Communications Director Oregon Bureau of Labor and Industries 800 NE Oregon Street, Suite 1045 Portland, Oregon 97232 Tel: 971-673-0788 -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.gif Type: image/gif Size: 5043 bytes Desc: image001.gif URL: From charlie.burr at state.or.us Wed Oct 14 08:22:37 2015 From: charlie.burr at state.or.us (Burr, Charlie) Date: Wed, 14 Oct 2015 15:22:37 +0000 Subject: NEWS RELEASE: BOLI issues Advisory Opinion on Employment Status of Uber Drivers Message-ID: <6376A41CAD6C3E4F8A65385BDA4072616DFACA91@D5DAG1B.D5.USA.NET> [cid:image001.gif at 01D105AE.586FDEF0] For Immediate Release October 14, 2015 CONTACT: Charlie Burr, (971) 673-0788 BOLI issues Advisory Opinion on Employment Status of Uber Drivers PORTLAND, OR-The Bureau of Labor and Industries (BOLI) today issued an Advisory Opinion that finds that Uber drivers are employees under Oregon labor law. The Advisory Opinion is intended to be instructive on what conclusions can be drawn from current, available information. To date, no case relevant to this question has been filed with BOLI. Any such case would be decided on the specific facts and legal arguments presented. "Oregon's worker protections are in place for a reason," said Labor Commissioner Avakian. "When corporations misclassify an employee, the worker is denied basic protections such as the right to be paid on time and in full. It also creates an unfair playing field for other employers who pay employment taxes, minimum wage and workers' compensation insurance." Oregon's economic realities test, the basis for the analysis, is comprised of the following factors: 1. The degree of control exercised by the alleged employer; 2. The extent of the relative investments of the worker and the alleged employer; 3. The degree to which the worker's opportunity for profit and loss is determined by the alleged employer; 4. The skill and initiative required in performing the job; 5. The permanency of the relationship; and, 6. The extent to which the work performed by the worker is an integral part of the alleged employer's business. "Our agency has a duty to ensure that workers are treated fairly and that employers understand their obligations," said Avakian. "Our hope is this Advisory Opinion will bring clarity to how our agency will approach this question during an investigation." The BOLI Advisory Opinion follows recent administrative and court cases in California which address the employment status of Uber drivers. In addition, an opinion from the United States Department of Labor (Administrative Interpretation No. 2015-1, July 15, 2015) provides valuable insight into misclassification of workers generally. Workers who believe that they are being denied wages they've earned may contact BOLI's Wage and Hour Division at (971) 673-0844. Any business seeking guidance on employment status or other Wage and Hour law questions may contact BOLI's free employer hotline at (971) 673-0824. Copies of the Advisory Opinion can be found here. ### For more information about BOLI's efforts to support Oregon employers and protect Oregon's workforce, visit http://www.oregon.gov/BOLI. Charlie Burr Communications Director Oregon Bureau of Labor and Industries 800 NE Oregon Street, Suite 1045 Portland, Oregon 97232 Tel: 971-673-0788 -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.gif Type: image/gif Size: 5043 bytes Desc: image001.gif URL: