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OSCC Legislative Report
Review of past week (April 20-24):
- Tuesday, April 21st was the first major deadline of the session. Any bill not passed out of its original committee by the close of business on the 21st is now considered dead (with exceptions for Rules, Revenue, and Ways & Means Committees).
- Among the bills that survived the initial deadline on the last day:
- All minimum wage increase bills were kept alive.
- SB 718 – liens on employer property for wage claim allegations - alive
- SB 888 – mandatory “flex scheduling” was kept alive.
- SB 845 – penalties for employers whose employees utilize Medicaid – alive
- HB 2386 – BOLI ‘cease & desist’ authority, passed 6-5 out of House Business & Labor Committee.
- HB 3025 – prohibiting criminal background checks of job applicants in some circumstances, passed 6-5 out of House Business & Labor Committee.
- The bills that were kept alive are also in addition to the Mandatory Paid Sick Leave (SB 454/HB 2005) and Mandatory State Retirement Plan for private sector (SB 615/HB 2960) business mandates which were previously kept alive by moving them to the Ways & Means Committee.
- The legislature had a vastly diminished workload on Wed – Fri of last week. Most committees were cancelled.
What we see coming up (April 27 – May 1):
- We are expecting the House to vote on HB 2386-B, the bill that gives BOLI unilateral authority to issue cease and desist orders to businesses without going to court to gain approval. It further stacks the deck against employers by forcing them to go to a BOLI administrative law judge to appeal the order.
OSCC helped defeat this bill the first time it came to the House floor. Now it’s up for a second time.
We talked about this issue at length on our Friday Legislative Committee call. See the attached action alert. Your feedback is needed immediately to your local legislators. We are close to defeating this for a second time. OSCC expects that the bill will come to the House floor for a vote by Wednesday or Thursday of this week.
- House Bill 3025-A, the bill that would have prohibited employers from conducting criminal background histories until after a conditional job offer had been made in all cases, has been scaled back considerably.
The bill now makes it illegal to use job application forms that inquire into the conviction history of a job applicant; makes it illegal to inquire into or consider the conviction history of a job applicant prior to conducting an interview; and makes it illegal to inquire into or consider the conviction history of an applicant for employment prior to making a conditional job offer to the applicant when no interview is conducted.
Although OSCC appreciates that the bill has been scaled back, it still goes too far in infringing on employer rights to manage the workplace. There is also a private right of action in the bill to allow a job applicant to sue an employer for violation of any of these provisions.
OSCC will continue to oppose the bill. The bill is expected to come to the House floor for a vote by mid-week.