Labor & Employment

Clarifies the meaning of "companionship services" for purposes of minimum wage and overtime requirements for certain individuals performing such services.

Repeals Ballot Measure 119 (2024) that requires certain licensees of the Oregon Liquor and Cannabis Commission to enter into labor peace agreements with bona fide labor organizations representing the licensees' employees.

Directs the Bureau of Labor and Industries to create certain guidance and informational materials to assist employers and employees. Prohibits employers from denying an employee's request to have [ an authorized representative ] a support person accompany the employee in discussions concerning reasonable accommodation subject to specific conditions . Extends prohibition against discrimination in government services, programs and activities to local governments. Prohibits employers from using minimum physical requirements [ to screen out persons with disabilities ] in a job posting without connecting the physical requirements to the essential functions of the job .

Expands the goals and purposes of the Prosperity 10,000 Program. Requires the Higher Education Coordinating Commission to award grants to local workforce development boards to administer the program. Requires local workforce development boards to consider certain factors when distributing funds to certain entities.

[ Requires employers who provide paid vacation time to compensate employees for all earned or accrued but unused paid vacation time when employment terminates. ] Requires employers that provide, by written policy or employment contract, for the payment of earned or accrued but unused paid time off upon termination to make such payments in accordance with statutory requirements governing final wages. Takes effect on the 91st day following adjournment sine die.

Modifies the crime of theft of services to include partial payments. Provides that a prosecution for theft of services does not preclude other forms of relief. Directs the Interagency Compliance Network to develop investigative methods concerning persons who may be committing theft of services and not complying with taxation and employment laws. Punishes knowingly entering into a contract with an unlicensed labor contractor, if committed by a direct contractor or subcontractor, by a maximum of 364 days' imprisonment, $6,250 fine, or both. Punishes a second or subsequent conviction by a maximum of five years' imprisonment, $125,000 fine, or both. Increases the penalty for the intentional use of a contractor's license number without authorization. Punishes by a maximum of five years' imprisonment, $125,000 fine, or both. Increases the penalty for the use of a contractor's license number with the intent to deceive the public. Punishes by a maximum of five years' imprisonment, $125,000 fine, or both.

Establishes the Home and Community-Based Services Workforce Standards Board. Prescribes the duties of the board. Directs the board to establish minimum working standards for the home and community-based services workforce. Requires the board to take certain actions before adopting proposed minimum standards. Directs certain state agencies to conduct a fiscal impact analysis to determine whether a proposed minimum standard will increase the fiscal obligations of the state, including an increase in Medicaid reimbursement rates. Requires the board to report to the Legislative Assembly and to the Governor the increase in funding needed to implement the standard. Provides that a rule establishing a minimum standard may not take effect before the Legislative Assembly has appropriated funding and the board has received approval from the Centers for Medicare and Medicaid Services, if applicable. Permits the Bureau of Labor and Industries to conduct investigations, issue subpoenas, administer oaths, obtain evidence and take testimony to make determinations regarding implementation and compliance with the minimum standards established by the board. Provides remedies for allegations of violations of the minimum standards established by the board. Clarifies that relief may be sought for alleged violations no sooner than 90 days after a rule establishing a minimum standard takes effect. Requires the board to conduct a quadrennial comprehensive review, including a labor market analysis to inform the board's decisions to adopt new minimum standards or revise existing standards. Requires the board to submit a biennial report to the Governor and the Legislative Assembly summarizing the results of the comprehensive review and any actions taken by the board in the prior biennium. Requires the online registry administered by the Department of Human Services to include workers from the home and community-based services workforce. Requires that any public hearing conducted by the board be accessible through electronic or virtual means, if possible. .

HB 4109 repeals a provision (ORS 657.203) that allowed unemployment insurance benefits for workers unemployed due to a strike. This bill removes the exception that previously permitted benefits during strike-related unemployment, meaning workers involved in active strikes will no longer qualify for benefits during the strike period. The change directly affects employees whose job loss results from a labor dispute (strike) at their workplace. The bill does not alter other unemployment eligibility rules but specifically eliminates the strike-related benefit provision established by prior legislation.

Exempts certain projects for public works, primarily related to affordable housing, from the requirement to pay a prevailing rate of wage. Takes effect on the 91st day following adjournment sine die.

Authorizes the Director of the Employment Department to adopt rules establishing an accounting system for handling moneys in the Paid Family and Medical Leave Insurance Fund. Takes effect on the 91st day following adjournment sine die.