Minimum Wage Rule Making

Minimum Wage Rulemaking ContinuesOn April 11, the Bureau of Labor and Industries (BOLI) held its second rulemaking advisory committee meeting on SB 1532. SB 1532, passed by the Legislature in February, raises Oregon’s minimum wage over six years, starting on July 1. SEIU, AFL-CIO, Family Forward, UFCW, CAUSA, and the NW Workers’ Justice Project (NWJP) attended as wage increase advocates. AOI, the Oregon Farm Bureau, Northwest Grocers Association, Oregon Truckers Association, and the Oregon Nurseries Association attended to represent the business community. The purpose of the meeting was to review BOLI’s first rule draft. AOI submitted comments on the first rule draft, click here to view, and wage increase advocates submitted a competing proposal, click here to view. Under SB 1532, workers’ wages are determined by the region of the state where their employer is located. BOLI’s rulemaking efforts are therefore focused on defining employer location. In many cases, an employer’s location is self-evident. Questions arise, though, when an employee frequently works in more than one wage zone. Legislative history is very clear that an employer’s location (when there is more than one physical location) is the place that an employee regularly reports to work. However, BOLI’s draft rules require employers to pay higher wages any time an employee spends more than 20% of their work week in a higher wage region. A great deal of employer recordkeeping is required to implement this scheme. Recordkeeping requirements are detailed in the rules. The next advisory committee meeting is Monday, April 18, 2:00-3:30 p.m., at BOLI’s office in Portland. To view the above bill, you may go to the Oregon State Legislature website. Excerpted from an AOI Newsletter.

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