July 7, 2022

Volume XII, Number 188

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July 06, 2022

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July 05, 2022

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Oregon Extends Exemption for Certain Payments from Equal Pay Act

Last year, the Oregon legislature temporarily amended Oregon’s Equal Pay Act to exempt vaccine incentives and hiring and retention bonuses from pay equity considerations, as reported here.  The temporary amendments were scheduled to expire March 1, 2022.  More recently, the legislature extended the expiration date for the amendments.  SB 1514 permits employers to continue offering vaccine incentives and hiring and retention bonuses through the end of Oregon’s COVID-19 state of emergency, plus 180 days, without running afoul of the Act.  On March 7, 2022, Governor Brown signed the bill.  At present, Oregon’s COVID-19 state of emergency is scheduled to expire on April 1, 2022.  In the event Oregon’s Governor does not extend the state of emergency, employers may continue through September 28, 2022, using incentives to encourage COVID-19 vaccinations among employees, as well as hiring and retention bonuses to attract and retain employees.  When the temporary amendments expire, the Act will revert to prohibiting employers from compensating employees at higher rates (including incentives and bonuses) than the employer pays employees in a protected class for work of comparable character, unless the differential is fully explained by certain nondiscriminatory factors.

Jackson Lewis P.C. © 2022National Law Review, Volume XII, Number 76
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About this Author

Mark A. Crabtree, Jackson Lewis, disability discrimination lawyer, restrictive covenant disputes attorney
Principal

Mark A. Crabtree is a Principal in the Portland, Oregon, office of Jackson Lewis P.C. He joined the firm in early 2007 after spending several years with a boutique firm handling wage and hour class actions.

His practice focuses on counseling and litigation in state and federal courts and administrative agencies in Oregon and Washington. His experience includes representing both small and large employers in litigation ranging from sexual harassment and disability discrimination, to trade secret and restrictive covenant...

503-229-0404
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