18 Oregon Trucking Association, Inc. Oregon Truck Dispatch 2023 Legislative Session Recap, cont. expired on Sept. 28, 2022. Since that has lapsed, Oregon is now the only state in the country that includes bonuses in its equal pay calculations. As a result, an enormous coalition of public, private, and non-profit employers pushed to pass HB 3205, which would have permanently exempted hiring and retention bonuses from pay equity considerations. Despite the strong coalition of support, in the bill’s first public hearing one labor group and one advocacy non-profit claimed that it would create a loophole in the pay equity law that could allow for both unconscious bias and overt acts of pay discrimination. In response to the opposition, the coalition worked with legislators and opponents to amend the bill, to clarify that retention bonuses could be offered after the first thirty days as long as they were not done in any discriminatory manner. The amended bill passed out of committee and passed the House floor unanimously. However, once it reached the Senate Labor and Business Committee, Chair Taylor worked to kill the bill, amending it to simply direct the Bureau of Labor and Industries to conduct a study. The gutted bill passed out of committee and later died in the Ways and Means Committee. While this was a significant disappointment for employers, the coalition intends to double down on efforts in the 2024 short session. RIGHT TO REFUSE A bill that concerned many in the business community was SB 907, also referred to as “right to refuse.” The bill aimed to provide employees with the right to refuse to perform tasks assigned by their employer under certain circumstances. The bill, pushed by PCUN, the farm workers’ union, would have allowed employees to use sick leave to cover periods when the employee was not working after exercising this right. Federal and state law already allow employees to refuse work when they believe it will put them in imminent danger under specified circumstances. Oregon also already has some of the strongest workplace protections in the country, and Oregon OSHA has taken significant steps over the last several years to protect workers from occupational risks ranging from COVID-19 to excessive heat. SB 907, as introduced, would have removed the clear requirements already found in Oregon law and adopted a standard based on whether an employee has “reasonable apprehension” for their safety in the workplace. Business and agriculture groups laid out strong arguments in committee and with legislators about the confusion this bill would have created for employers. The committee eventually amended the bill to replace the introduced language with language that aligned with federal law that makes it unlawful to discharge or discriminate against an employee who refused to expose themselves to hazardous conditions at work. With all sides agreeing to the amended bill, SB 907 quickly passed through both cham- bers and was signed into law by the end of May. WAREHOUSE REGULATION HB 3568 was introduced in early March to study issues related to the working conditions of warehouse workers. Rep. Ruiz (D-Gresham) later introduced a gutand-stuff amendment that would have required employers to give employees information upon hire about quotas, any adverse actions that could be taken for not meeting quotas, and any incentives for meeting quotas. Further, the bill would have required quotas to factor in time for rest and meal breaks, time to use the restroom, and time to access tools and safety equipment needed to perform the job. Similar legislation has passed in New York, California, and Washington, but this would have been the farthest reaching of these policies. Although it was aimed at Amazon distribution centers, nearly any company with warehouse operations in Oregon could be held to the reporting standards of the bill, even if they do not utilize quotas. Employers would be asked to provide information to which they might not even have access because the reporting requirements include employees in warehouses where there are third-party employers, temporary services, and staffing agencies. A coordinated coalition effort of impacted industries pushed back against the policy, particularly given its late introduction, lack of discussion, and overreaching impact to such a huge portion of Oregon’s economy. One public hearing was held, but the Chair of the Rules Committee decided to not move the bill forward. ALCOHOL DELIVERY During the pandemic, the Oregon Liquor and Cannabis Commission legalized the home delivery of alcoholic beverages. But when Oregon legalized home delivery of alcohol in 2020, it didn’t require licensure for delivery companies, nor did it require training or much oversight. HB 3308 proposed that retailers, such as liquor stores, convenience stores, and grocery chains supplying alcoholic beverages be licensed and subject to penalties along with delivery companies. The original bill was very broad and included common carrier trucking operations
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