For the fourth time in six years, Oregon is in the news again for an update to its non-compete laws.
Prior Oregon Law
Oregon last updated its non-compete laws just two years ago, with a statute that requires employers to provide terminated employees with a signed, written copy of their non-compete within 30 days of termination. That new obligation was in addition to other Oregon-specific requirements, including:
- Similar to Massachusetts’ 2018 law, the employer must inform the employee that a non-compete is a condition of employment in a written employment offer received at least two weeks before the employee’s first day, or the agreement must entered into upon a “bona fide” promotion;
- The employee must be engaged in administrative, executive, or professional work and must (a) perform predominantly intellectual, managerial or creative tasks, (b) exercise discretion and independent judgment, and (c) be salaried;
- The employee’s gross annual salary and commissions at the time of termination exceeds the median family income for a four-person family; and
- The duration of non-compete duration could not exceed 18 months.