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Bill redefines employer

March 27, 2013

nfib-logoBy NFIB

There is hostile, anti-business legislation afoot, reports NFIB State Director Jan Meekcoms from the State Capitol and one measure that would actually help.

Definition of Employer

House Bill 3142 is a repeated attempt to redefine employee, employer and wage. This bill would significantly expand the target of wage claims and other employer liability issues. It also would potentially undermine the Independent Contractor classification. NFIB is opposing HB 3142.

Limited Liability Companies

House Bill 2923 may be one of the most significant pieces of legislation of the 2013 session for NFIB members. For a year, NFIB has consistently informed its members of an Oregon Appellate Court’s decision in February 2012 that created huge liability ramifications for owners and members of limited liability companies (LLCs).

In Antonio Cortez v. Nacco Materials Handling Group, Inc., the Appeals Court ruled that the exclusive remedy provision of Oregon’s workers’ compensation law, ORS 656.018, does not protect the members of an LLC from tort liability stemming from a workplace injury. In other words, an Oregon-based LLC can be considered liable for damages arising from workplace injuries.

HB 2923 is a proposed legislative solution that would reinstate the remedy for LLC’s. The bill is currently in the House Business & Labor Committee. NFIB will be working aggressively to push this bill to successful passage.

Staffing Agencies

House Bill 2976 would highly regulate temporary staffing agencies to the point of putting many out of business through reporting requirements, a 30 percent increase in the fees they are mandated to charge, and by being forced to provide certain services to temporary staff, such as transportation, tools and clothing under detailed circumstances.

NFIB has many staffing agencies as members and will be fighting to defeat HB 2976.

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