Labor Law-Related Legislative Changes ~Three Things That You Should Know
By Diana Moffat
During the 2025 and 2026 legislative sessions, several labor-related bills passed that you should be aware of if you have unions, and some that also apply to non-unionized employees, as well.
PLO and OFLA
SB 69 makes a number of primarily technical modifications to Paid Leave Oregon (PLO) and to the Oregon Family Leave Act (OFLA). Among the changes in this bill, it specifies that if a claimant files an appeal with Paid Leave Oregon, the statute of limitations period for complaints filed with BOLI, as well as for civil actions related to that complaint, are tolled while the appeal with Paid Leave Oregon is pending.
In addition, the bill allows an employee to begin taking OFLA leave without prior notice to their employer when leave is required because of the closure of the employee’s child’s school or child care provider due to a public health emergency, unless the declaration of the public health emergency was issued by the Governor at least 30 days before the start of the leave.
SB 69 took effect on September 26, 2025; however, some provisions of the bill did not become operative until January 1, 2026.
Law Enforcement
HB 4138 mandates clear identification for law enforcement.
This bill prohibits law enforcement officers from wearing face coverings during the normal course of their duties. However, the bill also allows officers to wear masks when necessary for health and safety purposes and to protect undercover detectives. The legislation further requires police uniforms to display a name tag or other individual identifier and a patch to identify the employing agency. HB 4138 may also apply to federal agencies that may routinely mask during regular duties.
The bill declares an emergency, effective on its passage. The governor signed this bill on March 31st of 2026.
Striking Public Sector Employees
Historically, employees who were out of work due to a labor dispute were not eligible for Unemployment Insurance (UI) benefits. SB 916 significantly changes this situation by providing that an individual who is otherwise eligible for UI benefits may receive benefits, or waiting week credit, for any week that the individual was unemployed due to a lawful labor strike. An individual who is otherwise eligible for UI benefits is only disqualified from receiving UI benefits or waiting week credit during the first week of a strike. After the first week, the individual may receive benefits or waiting week credit as normal, for up to ten weeks.
The employee may be required to repay the benefits if they are overpaid due to later receipt of back pay as part of a retroactive pay settlement for the Collective Bargaining Agreement with the employer. However, any recoupment of those benefits will involve strategy in consultation with your employer labor representative.
SB 916 took effect on January 1, 2026.
