Bill would codify BOLI Employer Assistance Division and expand mediation for wage and hour disputes

Chair Taylor opened the public hearing for House Bill 2248A and Whitney summarized that the bill, brought from the House Interim Committee on Labor and Workplace Standards, establishes the Employer Assistance Division within the Bureau of Labor and Industries (BOLI), clarifies BOLI’s ability to settle violations through alternative resolution processes and takes effect on the 91st day after adjournment.

Josh Nasby of the Bureau of Labor and Industries told the committee the bill “builds upon our existing collaborative work with employers and codifies our Employer Assistance Division” and that it expands the bureau’s alternative dispute resolution (ADR) tools for wage-and-hour and civil-rights matters. Nasby said sections 1–4 codify the Employer Assistance Division, provide “clear sideboards,” and protect communications between employers and the division both from public disclosure and from subsequent use in BOLI enforcement. He said the bill allows an employer who reasonably relied on the division’s guidance to raise that reliance in a subsequent enforcement proceeding as a defense to penalties, but that “if the employer owes the worker money, they’re still gonna need to make the worker whole.”

Nasby described an advisory-opinion process for broader interpretive guidance requested by trade associations; advisory opinions would be publicly disclosed and could be used as evidence by an employer in a BOLI prosecution. He also said the bill allows BOLI to obtain employer contact information from other state agencies to help distribute guidance and educational materials.

Plumbus Sparks (Oregon Business and Industry), whose organization represents a range of private-sector employers, testified in support and said BOLI’s employer-assistance work — manuals, conferences and FAQs — helps employers comply with new laws and prevents violations. Sparks said codifying employer assistance and ADR expands tools to help employers “comply with the law so we prevent violations from occurring and we avoid enforcement actions on the back end.”

Committee members expressed support and interest in ensuring the initiative does not create mission creep for BOLI staff; Chair Taylor closed the public hearing and said she planned a committee work session the following Tuesday.

Ending: No committee vote was taken at the public hearing. Supporters characterized the bill as a preventive, cost‑efficient approach intended to reduce violations via education and mediation while protecting confidential communications used during ADR.