Oregon requires notification of employment authorization inspections

Oregon has enacted legislation (Senate Bill 370) that requires employers to notify employees of federal employment authorization inspections. Senate Bill 370 is effective Jan. 1, 2020.

Senate Bill 370 requires Oregon employers to notify their employees of an upcoming inspection from a federal agency that requires the employer to provide access to employees' employment verification records.

Within three days of receiving a notice of inspection from a federal agency, employers must:

• Post a written notice informing employees of the inspection in a conspicuous and accessible location of the workplace. The notice must be in English and any other languages the employer generally uses to communicate with its employees; and
• Make reasonable attempts to provide individual notifications to employees in their preferred languages.

Notice contents:

The following must be included in the notice:

• A copy of the federal agency's notice of inspection received by the employer;
• The date of the inspection;
• To the extent the employer knows, the scope of the federal agency's inspection;
• The employer's obligations to provide information within the scope of the federal agency's notice of inspection; and
• A phone number, prescribed by the Bureau of Labor and Industries, for a hotline operated by an organization that provides information and advocacy related to immigrant and refugee workers' rights.

The Oregon Bureau of Labor and Industries will post a sample template that employers may use for the notice.

Compliance Recommendations:

Oregon employers should comply with the above notice requirements after receiving an official federal request to inspect work authorization documents. Please contact your dedicated service professional with any questions.