SBH Work Comp Quarterly - Spring 2010
SBH publishes a quarterly newsletter regarding important legal developments in workers' compensation for employers, insurers, and claims administrators. To receive a complimentary subscription, please complete the form at the bottom of this page.
| Table of Contents |  PDF Newsletter | |
| 1. | Restrictions to Exclusive Remedy Provision of ORS 656.018 By Steve Verotsky |
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| 2. | Processing Tip: Electronic Payment of Compensation | |
| 3. | Processing Tip: CDA Alert By Krishna Balasubramani |
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| 4. | Oregon Workers' Compensation: Oregon Supreme Court Cases By Jennifer Roumell |
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| 5. | Oregon Workers' Compensation: Oregon Court of Appeals Cases By Jennifer Roumell |
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| 6. | Oregon Workers' Compensation: Oregon Workers’ Compensation Board Cases By Jennifer Roumell |
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SBH provides clients with timely notice of changes in the laws effecting employers and the workplace. To receive email alerts, please complete the form at the bottom of this page.
Reminder to all Oregon employers: Credit checks of employees and applicants are restricted as of July 1, 2010.
BOLI has published rules meant to clarify the new credit check law. It will now be an unlawful employment action for employers to obtain or use credit history for employment purposes unless the employer fits into narrow statutory exceptions (for banks and law enforcement) or if credit history is substantially job-related. BOLI defines "substantially job-related" in new OAR 839-005-0080. BOLI describes only two categories of job positions for which a credit history is substantially job-related: a) when an essential function of the position requires access to financial information beyond that customarily provided in a retail transaction; or b) when a credit history is required as a condition of insurance or a surety/fidelity bond. Financial information "customarily" provided in retail transactions include the exchange of cash, checks, credit or debit card numbers.
In summary, there are only three reasons BOLI will accept for using credit checks for employment:
- if you are a bank, financial institution, or law enforcement;
- if you have to run employee credit checks because of insurance or bond requirements; or
- if the job position requires access to financial data beyond just cash, checks, and credit card numbers.
If you do obtain credit checks for one of these reasons, you must give the employee written notice beforehand, and must also comply with FCRA notice requirements. BOLI will enforce the new law, and can award civil damages similar to other civil rights laws enforced by BOLI. All employers should review their policies and procedures to ensure compliance with this new law by July 1, 2010.
If you have any questions about complying with this new law, please contact the attorneys of Sather, Byerly & Holloway, LLP at (503) 225-5858 or at www.sbhlegal.com.
Past Email Alerts can be found in the archives.
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