33 www.ortrucking.org Issue 3 | 2023 Oregon and, instead, aligns the maximum amount of wages subject to contributions with the Social Security contribution and benefit base limit established by the United States Social Security Administration. Senate Bill 912: `Allows the OED to recover overpaid benefits from covered individuals for up to five years following the date the decision establishing the overpayment became final. The methods by which the OED may recover overpaid benefits differ, depending on whether the overpayment was the result of the covered individual’s false statement or misrepresentation. `Authorizes the OED to assess penalties against employers with non-compliant equivalent plans. The OED may waive collection of a penalty assessed, if (1) the employer corrects the violation within 30 days of receiving a notice of the violation, and the notice is for a first violation; or (2) the OED determines the violation to be an inadvertent error by the employer. ` Incorporates a penalty that may be assessed against assistance grant recipients who obtained the grant by fraud or misrepresentation. The penalty will amount to 50% of the total amount of the grant award. What to Do Before September 3: 1. Update your Paid Leave Oregon, OFLA, and Oregon Sick Time policies to align with the amended definitions of “family member.” 2. Align your Paid Leave Oregon, OFLA, and FMLA leave years, to the extent possible. 3. Determine whether and to what extent you will permit employees to use other paid benefits during a period of leave taken under Paid Leave Oregon. Note that an employee has the right to use other paid time off during any period in which an employee’s Paid Leave Oregon benefits run concurrently with leave taken pursuant to OFLA. 4. Confirm your required Paid Leave Oregon notice is posted and be prepared to share information with employees about how to apply for benefits. 5. Keep an eye out for forthcoming administrative rule changes. For assistance drafting or revising your Paid Leave Oregon policy or assistance preparing for Paid Leave Oregon administration, contact Amy Angel at 503. 276.1212 or aangel@barran.com, or Stacie Damazo at 503.276.2121 or sdamazo@barran.com.
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