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Women are
34%
more likely to
live in poverty
than white men in
Oregon
Single-woman led households are at the
highest risk
of poverty in
Oregon
In
Oregon
, women earn
$0.78
for every dollar a white man makes
Women in
Oregon
are
56%
more likely to earn
minimum wage
than white men
Women in
Oregon
are
51%
more likely to earn a
tipped wage
than white men
In
Oregon
, at least
71%
of women are essential to the financial security of their household
Oregon generally requires equal pay for work of a “comparable character” based on a protected class.[1] Protected classes under Oregon law are race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, veteran status, disability or age.[2] Oregon law defines “work of comparable character” as work that requires substantially similar knowledge, skill, effort, responsibility and working conditions, regardless of job description or title.[3]
· Affirmative Defenses: To justify a pay disparity, an employer can assert that it was based on: a seniority or merit system, a system that measures earnings by quantity or quality of production (including piece rate work), workplace locations, travel (if necessary and regular for the employee), education, training, experience, or any combination of these factors if the combination of factors accounts for the entire compensation differential.[4]
· Retaliation: Employers cannot retaliate against employees for filing complaints under the equal pay law or because the employee has testified, is about to testify, or the employer believes the employee may testify in any investigation related to a violation of the equal pay law.[5]
[1] Or. Rev. Stat. § 652.220.
[2] Or. Rev. Stat. § 652.210.
[3] Or. Rev. Stat. § 652.210.
[4] Or. Rev. Stat. § 652.220.
[5] Or. Rev. Stat. § 652.220.
Yes. The law in Oregon covers all protected categories (not just sex), it requires equal pay for work of a “comparable character” instead of equal pay for “equal work,” and it does not include the broadest affirmative defense of “any factor other than sex.”
No. Oregon does not mandate any form of employer pay disclosure.
Yes. Employers cannot screen job applicants based on current or past compensation or calculate compensation for a job based on a prospective employee’s current or past compensation.[1] However, employers can consider the compensation of an employee during a transfer, move or promotion within the same employer.[2]
[1] Or. Rev. Stat. § 652.220.
[2] Or. Rev. Stat. § 652.220.
Yes. Employers cannot retaliate against employees because they have inquired about, discussed, or disclosed their wages or another employee’s wages.[1] Employees are also protected from retaliation because an employee has filed a complaint based on the disclosure of wage information by that employee.[2]
[1] Or. Rev. Stat. § 659A.355.
[2] Or. Rev. Stat. § 659A.355.
No. Employers are not explicitly required to collect gender-based pay data. However, an employer sued under the Oregon equal pay statute can file a motion to disallow an award of compensatory and punitive damages if the employer has completed (within three years before the employee filed the lawsuit) an equal-pay analysis of the employer’s pay practices.[1] The equal pay analysis must have been reasonable in detail and in scope in light of the size of the employer and have included a review of practices designed to eliminate unlawful wage differentials.[2]
[1] Or. Rev. Stat. § 652.235.
[2] Or. Rev. Stat. § 652.235.
Yes. Oregon minimum wage law depends on the employee’s work location but all minimum wage rates in Oregon are higher than the federal minimum wage.[1] The minimum wage rate is set to increase on July 1 each year at a rate adjusted annually for inflation.[2]
Localities in Oregon are prohibited from adopting a minimum wage different than the one set by state law.[3]
[1] Or. Rev. Stat. § 653.025; Oregon Minimum Wage, Or. Bureau of Lab. & Indus., https://www.oregon.gov/boli/workers/pages/minimum-wage.aspx (last visited June 10, 2024).
[2] Or. Rev. Stat. § 653.025.
[3] Or. Rev. Stat. § 653.017.
Yes. Oregon has eliminated the subminimum wage for tipped employees.[1]
[1] Or. Rev. Stat. § 653.035(3).
Yes. Oregon employers must pay their employees on regular paydays, at least once every 35 days.[1]
[1] Or. Rev. Stat. § 652.120.
Yes. Each payment must be accompanied by an itemized statement listing: the date of the payment, the dates of the work covered by the payment, the employee’s name, the employer’s name and business registry or identification number, the employer address and telephone number, the rate(s) of pay, the manner of calculating pay (i.e., by hour, shift, day, week, salary, piece, or commission), gross wages, net wages, the amount and purpose of each deduction, allowances if any, overtime rate of pay and hours if applicable, and piece rate and number of pieces completed if applicable.[1]
[1] Or. Rev. Stat. § 652.610.
Yes. Generally, employers must pay employees time and one-half for hours worked in excess of forty hours in one workweek,[1] with some exceptions.[2]
[1] Or. Rev. Stat. § 653.261.
[2] Or. Rev. Stat. §§ 653.263 – 69.
Yes. An employee can bring a wage theft complaint with the Oregon Bureau of Labor and Industries.[1] When an employee makes a complaint about an employer failing to pay the employee within five days of a scheduled payday, the Bureau of Labor and Industries can require the employer to provide a bond to assure timely payment of wages due for a specified future period.[2] If the employer fails to provide the bond within ten days of the request, the Commissioner can commence a court action against the employer.[3] If the court finds there is just cause for the bond, the court can enjoin the employer from doing business in Oregon until the bond requirement is met.[4] The Bureau of can impose civil penalties not to exceed $1,000 for wage theft.[5] Depending on the exact nature of the employer conduct, wage theft may also be a criminal violation or misdemeanor.[6] Oregon employers cannot discharge or discriminate against employees who file a wage claim or testify in any wage claim proceedings.[7]
[1] Or. Rev. Stat. §§ 652.330 – 32; Wage Claim, Or. Bureau of Lab.& Indus., https://www.oregon.gov/boli/workers/pages/wageclaim.aspx (last visited June 10, 2024).
[2] Or. Rev. Stat. §§ 652.125, 652.340.
[3] Or. Rev. Stat. §§ 652.125, 652.340.
[4] Or. Rev. Stat. §§ 652.125, 652.340.
[5] Or. Rev. Stat. §§ 652.900.
[6] Or. Rev. Stat. §§ 652.990.
[7] Or. Rev. Stat. §§ 652.355.
