25 www.ortrucking.org Issue 4 | 2022 ` Bona Fide Factors ` Seniority System ` Merit System ` Quantity/Quality of Production ` Workplace Location ` Travel Requirements (if necessary and regular) ` Education ` Training ` Experience ` Combination of the Above The Oregon Bureau of Labor & Industries (BOLI) says that employers can still give these types of bonuses, they must be “available to all employees performing work of comparable character on an equal, non-discriminatory basis.” This means that employers must pay the equivalent of that bonus to existing employees as well. Similarly, if a new hire negotiates better compensation, the employer must match that for others (absent a bona fide factor). What can employers do? ` Reimbursements—must be for actual expenses, e.g., relocation expenses ` Benefit Options—a benefit of actual value to only some employees okay; a declined benefit is still included in calculating compensation ` Bonuses—okay if equally available to all; potential bonus is included in total compensation ` Shift Differentia—where shifts are of “sufficiently different character” Employers who rely on a bonus structure should also considering performing an equal pay analysis. Should an allegation of unfair practices come up, an employer who has performed an equal pay audit in three years prior to claim can avoid compensatory and punitive damages. Information provided by Kathryn P. Roberts from Markowitz Herbold. Have questions? Visit them online at www.markowitzherbold.com or contact Kathryn at KathrynRoberts@ MarkowitzHerbold.com.
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