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ARTICLE · 16 JULY 2001

Oregon Legislative Activity

United StatesEmployment and HR
Anne Denecke
Anne Denecke

Revision To Definition Of Independent Contractor

For purposes of an employer's unemployment benefit contributions, the definition of an independent contractor will be revised to include "a professional person working under a contract that expressly states that the individual is an independent contractor." In such case, the Employment Department will have the burden to prove that the individual actually worked as an employee. (House Bill 2439 sponsored by Representative Mannix.)

Independent Contractors Subject To Wage Garnishment.

House Bill 2631 would subject monies paid to an independent contractor to a garnishment in the same manner as wages paid to an employee under ORS 23.175. (Sponsored by Representative Walker.)

Family Medical Leave Reinstatement To Any Available Equivalent Position.

The proposed amendment to the Oregon Family Medical Leave Act would require that an employee who takes a leave be reinstated to any available equivalent position, rather than to the position held by the employee at the time the leave began. (House Bill 2486 sponsored by Representative Harper.)

Tip Credit Against Minimum Wage And Training Wage.

House Bill 2592 would allow employers to include the amount received by employees as tips in determining the amount of the minimum wage to be paid, subject to the following limitations: (a) the amount for tips may not reduce the net hourly wage paid for any hour of work to less than $5.50 (the federal minimum wage), and (b) the amount cannot exceed 50 percent of the required minimum wage (currently $6.50 per hour). The bill also provides for a "training" wage of not less than $5.50 per hour for the first 60 days of employment for agricultural employees under the age of 18 (Sponsored by Representative Harper.)

Medical Insurance Credit Against Minimum Wage.

This bill would permit employers to reduce an employee's wage by the lesser of $1.00 per hour or the employer's actual hourly cost of medical insurance benefits, where the employer pays at least 50 percent of the monthly premium for such insurance. Any reduction in pay cannot, however, reduce the employee's pay below $6.50 per hour. (House Bill 2592, sponsored by Representative Harper.)

Public Contractors Required To Implement Drug Testing.

House Bill 2574 would require all public contractors to implement a drug and alcohol testing program and demonstrate that employees working on a public works contract have tested negative for drugs and alcohol or have entered a rehabilitation program. (House Bill 2574 sponsored by Representative Gardner.)

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