The Oregon Restaurant & Lodging Association (ORLA) is the hospitality industry’s watchdog and advocate on issues and legislation affecting our industry. On the national, statewide and local levels, ORLA provides a voice for our industry. You can count on the ongoing efforts of ORLA’s government affairs team to advocate for favorable laws and fair regulations, and to stop unfair taxes and anti-business legislation in their tracks.
OVERTIME RULE STRUCK DOWN
After a district court overturned the Obama-era overtime regulation in August and the Department of Labor (DOL) decided not to contest the ruling, the Fifth Circuit Court of Appeals made the final ruling last week by closing the pending case that first put a temporary hold on the rule last November.
As the National Restaurant Association’s Restaurant Law Center was part of the management team that oversaw the legal strategy, we’re pleased the controversial rule is behind us, as it could have done significant damage to both employers and employees. The NRA has put together comments for the DOL in response to their Request for Information (RFI). ORLA will keep you informed when updates are available.
SB 828 – Requires employers to pay employees if the employee is scheduled or called into work but, due to the employer, does not work an entire shift. ORLA initially opposed this bill due to its restrictive and punitive nature and because research shows when Oregon employees are asked, three out of four do not want the government interfering with their work schedules. Once it was clear this bill was going to pass, ORLA worked with others in the business community and with labor to negotiate and make it a better bill for employees and employers.
SB 828 did pass both the House and Senate and was signed into law by the Governor.
This law only applies to retail, foodservice and hospitality industries. There were numerous amendments and revisions to this law including:
For a complete list of the changes and explanations of each, please visit www.oregonrla.org/schedulinglaw.
The following bills, which could have potentially cost businesses thousands of dollars, were opposed by ORLA and successfully defeated in 2017.
EXCISE TAX ON COFFEE
UNUSED GIFT CARDS
Not much new on this topic as we are still waiting to hear whether the Supreme Court of the United States (SCOTUS) will take up our case. With the Ninth and Tenth Circuit Courts essentially having opposing rulings on similar tip pooling cases, the SCOTUS may take up this case to resolve the differing opinions once and for all. The US Department of Labor has indicated they will rescind the rule change that occurred during the Obama Administration prohibiting non-tip credit states like Oregon from being allowed to tip pool with the back of the house but so far, we have heard nothing further on this important change. Even if the Department of Labor rescinds the rule we will continue to pursue action with the SCOTUS.
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