Oregon Equal Pay Acts laws & compensation compliance analysis

Oregon Equal Pay Acts: What you need to know

The Oregon Equal Pay Law prohibits pay discrimination based on a protected class (race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability, or age). It is a violation of the law for an employer to pay wages or other compensation to any employee at a higher rate than it pays employees of a protected class for work of comparable character (OR Rev. Stat. Sec. 652.220).
“Compensation” includes wages, bonuses, benefits, fringe benefits, and equity-based compensation (OR Admin. Rules Sec. 839-008-0000). It does not include tips or reimbursement for actual costs incurred by an employee.
Vaccine incentives. Effective June 23, 2021, compensation does not include vaccine incentives provided by employers. Under the amendment, the term “vaccine incentives” means monetary or nonmonetary incentives, including additional paid time off or protected time off provided by employers to employees who have been immunized against infectious diseases for which a public health emergency has been declared.
Hiring and retention bonuses. The amendment also excludes a hiring incentive offered to a prospective employee and a retention bonus offered to an employee. The amendment’s expiration was extended from March 1, 2022, to September 28, 2022 (180 days from the expiration of the state of emergency issued by the governor) (SB 1514, 3/7/22).
The only permissible reasons for pay differentials are:
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• Seniority systems;
• Merit systems;
• A system that measures earnings by quantity or quality of production, including piece-rate work;
• Travel, if travel is necessary and regular for the employee;
• Education;
• Training;
• Experience;
• Workplace locations; and
• Any combination of the ...

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Oregon Equal Pay Acts Resources

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