Oregon BOLI updates regulations on social media, OFLA, and domestic workers

In response to 2015 changes to employment laws, the Oregon Bureau of Labor and Industries (BOLI) has finalized revised administrative rules regarding employees’ social media accounts, medical insurance during Oregon Family Leave, and domestic workers.

Social Media: Employee Use and Privacy

This revision clarifies that, not only is it an unlawful employment practice to require an employee or applicant to provide an employer access to their social media account information, but it is also unlawful to require the worker to establish or maintain a personal social media account. Make sure that your social media policy is up to date, and consult our social media model policy for guidance.

Employee Medical Insurance Benefits during Oregon Family Leave

This amendment revised the Oregon Family Leave Act (OFLA) regulations to include the new state requirement that employers maintain an employee’s health insurance during OFLA leave. As we previously reported in July and November 2015, we believe the new law is preempted by the federal Employee Retirement Income Security Act (ERISA), but it will remain the law until successfully challenged in court.

Domestic Workers: Employment Rights and Regulations

These revisions apply to domestic workers who reside in the home of their employers and clarify under what circumstances children who work for their parents as domestic workers are covered by discrimination rules; the method for computing overtime; time off and rest requirements; and certain wage payment provisions.

Tips: Any time there are changes in labor regulations or labor laws, employers may need to update their policies and procedures. If you have concerns or questions about compliance, contact your Vigilant employment law attorney for legal counsel.