Oregon — Hiring & Onboarding

All U.S. employers—including Oregon employers—must complete and retain Form I-9, Employment Eligibility Verification, for every person hired for employment after November 6, 1986, in compliance with federal law (8 U.S.C. § 1324a). This requirement applies regardless of citizenship status. The employee must complete and sign Section 1 no later than the first day of employment. The employer must complete Section 2 within three business days of the employee's hire date, by physically examining— or as permitted, remotely examining under a DHS-authorized alternative procedure—original documents that establish identity and employment authorization.

Recent updates (2026):

• The latest Form I-9 edition is dated 01/20/2025 (expiration 05/31/2027). Employers must use this edition for new hires starting August 1, 2026; prior forms will not be accepted after July 31, 2026.
• The Department of Homeland Security and ICE expanded remote examination alternatives, but only for employers in good standing and actively enrolled in E-Verify. The COVID-era flexibility expired March 31, 2026; stricter rules apply as of April 1, 2026.
• As of April 2026, common remote verification errors—such as failing to check the “alternative procedure” box—are now treated as substantive (uncurable) violations under ICE enforcement policies.

Employers must retain completed I-9s for three years after hire or one year after termination, whichever is later.

Source: 8 U.S.C. § 1324a; USCIS Form I-9 Instructions; USCIS I-9 Central

Oregon law and the Portland ban-the-box ordinance both use the term "conditional offer of employment" as the trigger point for when an employer may lawfully inquire into an applicant's criminal history. But only the Portland ordinance provides an express, statutory definition of what counts as a "conditional offer"—and that detail can shape compliance for employers with positions in both Portland and elsewhere in Oregon.

Oregon statewide law (ORS 659A.360): State law prohibits employers from inquiring about criminal convictions on a job application or before the initial interview. If no interview occurs, the employer must wait until after making a "conditional offer of employment." However, ORS 659A.360 does not define the term "conditional offer of employment" or specify what contingencies are permissible. There are no regulations under ORS 659A.360 that further interpret "conditional offer." The Oregon Bureau of Labor and Industries (BOLI) does not appear to have formally defined the phrase by rule or guidance as of the current edition—so its meaning is governed by the ordinary dictionary sense and general employment law principles.

Portland City Code Chapter 23.10: The City of Portland overlays a more restrictive ban-the-box regime on all employers with job positions that will perform at least half their work inside Portland city limits. Portland City Code 23.10.010(B)(3) defines a "conditional offer of employment" as any offer made by an employer "that is conditioned solely on an employer's inquiry into, or gathering of, information about an applicant's criminal history, or some other contingency communicated at the time of the offer to the applicant." This definition, unique to Portland, makes clear that the only permissible contingencies tying up a "conditional offer" are: (1) criminal history checks, or (2) other conditions (like background screenings for credentials or reference checks) identified specifically at the time of the offer. This overlay eliminates ambiguity about when the offer is sufficiently "conditional" to trigger the criminal-history inquiry.

Key practical difference: Absent a statutory definition from the state, employers relying solely on the statewide standard have flexibility in framing what constitutes a "conditional offer." In contrast, employers covered by the Portland ordinance must use the precise definition given by city code, limiting the contingencies that can be attached if they wish to lawfully conduct a criminal background check after making an offer.

Source: Portland City Code § 23.10.010(B)(3) Source: ORS 659A.360 (2023 Edition)

Employers in Oregon must report each new hire or rehire to the Oregon Division of Child Support (the state’s Directory of New Hires) under ORS 25.790 and OAR 137‑055‑4040.

What must be reported Employers must report the following information:

• Employer’s name, address, and federal tax identification number
• Employee’s name, address, Social Security number, and the employee’s first day of work

Source: OAR 137-055-4040(2) Source: ORS 25.790(3)-(5)

When to report If reporting by paper (via a completed IRS W-4 or a Division-adopted form), the employer must send it by mail or fax within 20 days after hire or rehire. If reporting electronically through the Oregon Employer Services Portal, the report must be submitted within 12 to 16 days of the hire or rehire date, as instructed by the Division. Source: OAR 137-055-4040(3)

How to report Employers can submit new hire reports by:

• Mailing or faxing a copy of the employee’s IRS W-4 form
• Mailing or faxing a Division-adopted paper form
• Submitting electronically via the Oregon Employer Services Portal
• Any alternate method approved by the Division of Child Support

Source: OAR 137-055-4040(1)

These requirements are established by statute and the Division’s rules. Reports must be timely and complete; employers may be subject to penalties for late or incomplete filings under ORS 25.790. Source: ORS 25.790

Oregon does not require a single unified written “new-hire packet” covering wage and hour rights, workers’ compensation, or leave benefits, delivered to each employee at the time of hire. Instead, Oregon law and BOLI rules require employers to post or, in some cases, distribute several notices—at the workplace or individually—each grounded in a separate regulatory source. None of these are triggered by the act of hiring alone; most are poster obligations that must be met as soon as employees begin work, and a select few (notably Paid Leave Oregon, and the wage discrimination notice) have explicit electronic or direct-delivery alternatives for remote workers or where posting isn’t possible.

Minimum-wage notice (OAR 839-020-0085, ORS 653.010–653.261) Employers subject to Oregon’s minimum wage law must post, in a conspicuous and accessible location, the official BOLI minimum wage poster (updated annually each July 1) wherever employees work. This poster must be the current form prescribed by the BOLI Commissioner. Source: OAR 839-020-0085

Discriminatory wage notice (OAR 839-008-0030, ORS 652.220) Employers must display the official BOLI notice about Oregon’s prohibition on sex-based wage discrimination. If posting is unfeasible, the notice must be distributed individually—such as by email, mail, paycheck insert, or in an employee handbook/manual. It may also be posted electronically in an accessible location. This requirement is ongoing, not limited to the hiring process. Source: OAR 839-008-0030

General required worksite posters (BOLI guidance) Oregon BOLI guidance (updated July 1 each year) lists required posters, including the Workplace Accommodations Notice (for pregnancy-related accommodation rights for employers with six or more staff), the Workers’ Compensation Notice of Compliance (issued by DCBS after coverage is secured), and Employment Insurance Notice (Form 11, issued when an employment account is set up or reopened). Sector- and worksite-specific posters may also be required depending on industry, government contracting, or location. BOLI’s online poster list should be regarded as current guidance rather than an exclusive legal checklist. Source: BOLI: Required Worksite Posters

Paid Leave Oregon notice (OAR 471-070-1300, ORS 657B.440) Employers must post the Paid Leave Oregon model notice at each worksite and, for remote employees, deliver a copy directly (by hand, mail, or electronically). Posting/delivery must occur when the program becomes applicable for the employee (for most, as of September 3, 2023, or on the first remote assignment thereafter). Timing and delivery requirements are set by final rule OAR 471-070-1300(2)-(4). Source: OAR 471-070-1300

Summary Oregon law uses a patchwork of poster and notice requirements, not a single at-hire delivery. Employers should consult the annually refreshed BOLI posters page and ensure remote workers receive statutorily required notices electronically or by mail if on-site posting cannot occur. Some industry- or location-specific requirements may also apply, so cross-checking BOLI guidance and program rule updates is necessary.

Oregon law prohibits employers—including employment agencies and labor contractors—from seeking, relying on, or screening job applicants based on their current or prior compensation. This restriction, found in ORS 659A.357, applies before any conditional job offer including compensation terms.

Scope of the ban Before making an offer of employment with compensation terms, employers may not:

• Seek the pay history of an applicant from the individual or their current/previous employer;
• Screen applicants based on their compensation history;
• Determine compensation for a position based on an applicant's prior or current pay.

Post-offer exception After making a conditional offer of employment that includes compensation, an employer may request or confirm prior compensation—but only if the applicant provides written authorization (ORS 659A.357(2)). Even voluntary disclosures cannot be used prior to an offer and written consent.

Regulatory clarification OAR 839-008-0005 clarifies that screening or setting pay based on salary history is unlawful, even when an applicant volunteers this information. Post-offer, with written consent, an employer may consider pay history as allowed by statute.

Penalties and enforcement Violations of ORS 659A.357 constitute an "unlawful employment practice". Affected applicants may file a complaint with the Oregon Bureau of Labor and Industries (BOLI) or bring a private civil action. Remedies under ORS 659A.885 include actual damages (such as lost wages), possible equitable relief (like reinstatement or hiring), and reasonable attorney fees to the prevailing party. The statutes and rules do not specify set civil penalty amounts or punitive damages specifically for salary history violations, but BOLI has authority to pursue remedies as provided for other unlawful employment practices.

Source: ORS 659A.357, OAR 839-008-0005, ORS 659A.885

When you hire someone in Oregon, you must collect a state-specific withholding form—Form OR-W-4, the Oregon Withholding Statement and Exemption Certificate. This is not optional: it is the official form employees use to tell you how much Oregon income tax to withhold.

What’s required at hire Any employee whose wages are subject to Oregon income tax must complete Form OR-W-4 when they start (or anytime their withholding situation changes). This includes both employees and payers of periodic payments like pensions or annuities. The instructions explicitly say “You’re starting a new job with an employer who must withhold Oregon tax from your pay” as a trigger for completing the form (Form OR-W-4 Instructions (2026)).

Alternate forms—only for legacy situations State administrative rule OAR 150-316-0234 defines a “withholding statement” as including OR-W-4, an “Oregon-only” version of the 2019 (or prior) federal Form W-4, or the 2019-era federal W-4 itself. But starting January 1, 2020, any change to an employee’s withholding must be made using Form OR-W-4 alone—no exceptions for newer federal W-4s (OAR 150-316-0234).

Default withholding rate if the employee fails to provide a form If an employee fails to submit any acceptable withholding statement or exemption certificate as required, the employer must withhold Oregon income tax at a flat rate of 8%, per statute ORS § 316.182(3) (ORS 316.182).

Paperwork at hire—what Oregon law adds above and beyond federal W-4

• Federal Form W-4 covers only federal withholding. Oregon employers must also collect Form OR-W-4 to calculate correct state withholding (Oregon DOR PIT Withholding).
• This is especially important since the federal W-4 no longer uses allowances post-2017; Oregon still does, so Form OR-W-4 reflects allowances in its worksheets (W-4 Information).

Summary checklist for HR/payroll

• At hire, provide Form OR-W-4 (or instructions to access it) to every new employee.
• If an employee declines or fails to submit OR-W-4, proceed to withhold at 8% flat.
• Keep the completed OR-W-4 on file; changes must use OR-W-4 going forward.
• Do not rely solely on federal Form W-4 for state withholding calculations anymore.

Source: Form OR-W-4 Instructions (2026) Source: OAR 150-316-0234 Source: ORS 316.182