It could be a very bad year for employers at Oregon Legislature

While many bills affecting employers are proposed for the 2021 Oregon legislative session, three measures in particular with potentially disastrous results stand out.

3 bills to watch out for

Democrats will again have a super majority in the Oregon Legislature. Three proposed bills would have a particularly dramatic and negative effect on employers.

One proposed bill would declare a COVID-19 infection to be a compensable workers’ compensation injury for many employees. A second bill would introduce into Oregon the Private Attorney General Act (PAGA) concept, which has been such a disaster for employers in California. Lastly, a proposed bill would eliminate some of the important requirements for filing a successful harassment or discrimination claim.

Making COVID-19 compensable under workers’ comp

If House Bill (HB) 3025 and its companion, Senate Bill (SB) 488, become law, any injury relating to a COVID-19 exposure will be presumed to be compensable under workers’ comp for essential employees. The statute broadly defines “essential employees” to include workers typically considered essential, such as those in health, public safety, education, childcare, retail, agriculture, and certain janitorial positions.

A catchall provision would cover any worker at a worksite with (1) 10 or more workers where 10 percent or more of the employees have tested positive for COVID-19 or (2) fewer than 10 employees where two or more workers have tested positive.