• A law proposed this session would mandate employers to disclose wage and benefit details in job postings.
• Supporters argue the bill would promote pay equity, particularly for women and minorities.

Oregon Democrats are renewing their effort to pass legislation requiring employers to include wage and benefit information in job listings and aiming to increase pay transparency and equity in the hiring process.

The bill, House Bill 2746, had its first public hearing on Monday and testimony continued Wednesday afternoon.

“This bill is critical for ensuring that Oregon remains an equitable place to live and work,” bill sponsor and Senate Majority Leader Sen. Kayse Jama, D-Portland, said. “Despite our pay equity laws, significant wage gaps for minority communities exist.”

What the bill would require of employers

The bill would require internal or external job postings, and transfer or promotion opportunities, to include wage or wage range information and a general description of benefits and other compensation details. Failing to do so would become an “unlawful practice” that could result in a letter of education or fines up to $10,000 for repeat violations.

The bill establishes a one-year statute of limitations for people to file a complaint with the Bureau of Labor and Industries.

Fourteen other states have introduced similar legislation in recent years. As of 2021, Colorado has required employers to include compensation information in job postings. New York, California, Maryland, Connecticut, Nevada and Rhode Island also have pay transparency laws.

Washington enacted a salary disclosure law in 2022.

Oregon lawmakers last attempted to pass a similar bill in 2023, but the bill died in committee before the session ended. Jama said HB 2746 this legislative session reflected changes and compromises made after discussions with various stakeholders.

Vasu Reddy, director of State Policy for Workplace Justice at the National Women’s Law Center, said the bill would combat gender and racial wage gaps by countering “unintentional biases and structural problems” that can lead to discrimination in previous jobs being carried over to the next.

Reddy said the bill would also help attract top talent to Oregon and ultimately save money and time during job recruitment.

Opponents refer to law as redundant, burdensome

Business associations oppose the measure again this session, saying the bill would disproportionately affect small businesses and that it is redundant with existing state law.

“While the bill may be intended to promote transparency, instead it creates an unnecessary, potentially costly and burdensome state mandate on small businesses,” said Anthony Smith, Oregon director for the National Federation of Independent Business. “There are already significant federal and state standards that explicitly prohibit wage discrimination.”

Smith said members are “nervous” about the idea that getting something wrong on a job listing could lead to penalties of up to $10,000.

Oregon Business and Industry, a statewide business association representing more than 1,600 members, also opposes the measure. Paloma Sparks, executive vice president and general counsel for OBI, said the bill was duplicative of existing law and was an example of the “proliferation” of new employment laws being passed by the Oregon Legislature that have affected the Bureau of Labor and Industries and state businesses.

In an informational meeting on Feb. 24, BOLI Commissioner Christina Stephenson told lawmakers at least 74 laws have been passed in the past decade impacting BOLI’s workload. Only 10 of those policy changes came with resources to enforce those laws, she said.

Sparks also said that in Washington state, the updated law resulted in a new legal “cottage industry” that goes after employers. According to the Seattle Times, one law firm in Washington has filed the majority of more than 250 lawsuits against Washington businesses that may have violated the transparency statute.

Dianne Lugo covers the Oregon Legislature and equity issues. Reach her at dlugo@statesmanjournal.com or on X @DianneLugo