Hiring employees in Oregon: the 2026 compliance checklist for employers and recruiters
On this page
- The Oregon hiring checklist at a glance
- What must be in place before the first Oregon hire?
- Does a staffing or recruiting agency need an Oregon license?
- What must an Oregon job posting include, and can you ask about pay history?
- When can you ask about criminal history or run a credit check?
- Can you record or transcribe a job interview in Oregon?
- Does Oregon regulate AI in hiring?
- Can you drug test applicants in Oregon?
- Does Oregon require E-Verify?
- Which state withholding form does a new hire complete?
- Which notices must a new Oregon employee get at hire?
- How do you report a new hire in Oregon?
- The Oregon hiring steps in order
- Questions people ask
As of October 2026, an employer hiring in Oregon has to register with the Employment Department and the Department of Revenue, carry workers' compensation from the first worker, withhold Paid Leave Oregon contributions, collect Form OR-W-4, give each new hire the written explanation of earnings and deductions and a copy of its anti-discrimination policy, post the Paid Leave Oregon notice, and report the hire within 20 days. Oregon bars salary history questions, conviction and age questions before the interview and most credit checks, and video or in-person interviews may be recorded only if everyone is specifically informed.
This page is the Oregon hub: one table with every item and its official source, then a short section on each. Where we already have a full guide to an item, the section summarizes it and links there.
Not legal advice. Checked as of October 2026 against the Oregon Revised Statutes and bill records on the Legislature's site and the pages of the Bureau of Labor and Industries (BOLI), the Employment Department, Paid Leave Oregon, the Department of Revenue, the Workers' Compensation Division and the Department of Justice's Child Support Program. Rules change, and a specific hire may turn on facts this page cannot see. Confirm with an Oregon employment lawyer before relying on it.
The Oregon hiring checklist at a glance
| Item | What Oregon requires (as of October 2026) | Official source |
|---|---|---|
| Employer registration | Employment Department registration and a Revenue BIN; UI liability at $1,000 in a quarter or a worker in 18 weeks; Paid Leave at 1% of wages | Employment Department, ORS 657.025 |
| Workers' compensation | Required with one or more workers, through an insurer or self-insurance | Workers' Compensation Division |
| Agency licensing | No general license; $5,000 bond for agencies that charge applicants; separate licenses for worker leasing and health care staffing | ORS 658.075 |
| Pay transparency | No posting requirement; HB 2746 (2025) stalled in committee | HB 2746 (2025) |
| Salary history | No seeking pay history and no setting pay based on it, at any employer size | ORS 659A.357, ORS 652.220 |
| Age questions | No age, date of birth or school dates until an interview or conditional offer | HB 3187 (2025) |
| Criminal history | No conviction questions on the application or before the initial interview | ORS 659A.360 |
| Credit checks | No obtaining or using credit history, with exceptions | ORS 659A.320 |
| Interview recording | Phone: a participant may record. Video and in person: all participants specifically informed | ORS 165.540 |
| AI in hiring | No AI hiring statute; the Attorney General says existing laws apply to AI | Oregon DOJ guidance (2024) |
| Drug testing | No general testing statute; breathalyzer tests only with consent or reasonable grounds, at employer cost | ORS 659A.300 |
| Non-competes | Void unless disclosed in a written offer two weeks before the first day and other conditions are met | ORS 653.295 |
| E-Verify | No mandate; notice to employees within three business days of a federal I-9 inspection | ORS 652.752 |
| State withholding form | Form OR-W-4; without one, older forms or 8% of wages | DOR, 2026 OR-W-4 instructions |
| Notices at hire | Earnings and deductions explanation; discrimination and harassment policy; Paid Leave and workers' compensation posters | BOLI, Paid Leave Oregon |
| New-hire reporting | Within 20 days of the hire date, including many independent contractors | Oregon DOJ, Report New Hires |
What must be in place before the first Oregon hire?
Payroll registration. The Employment Department's employer page sends employers on to the Department of Revenue for a Business Identification Number, through Revenue Online or a Combined Employer's Registration form. The combined quarterly report then covers state withholding, the 0.1% statewide transit tax, unemployment insurance, Paid Leave Oregon and the Workers' Benefit Fund assessment. Under ORS 657.025, unemployment liability starts with one or more employees "in each of 18 separate weeks during any calendar year" or a quarterly payroll of $1,000.
Paid Leave Oregon applies from the first paycheck. Its employer guide sets the 2026 contribution at 1% of wages up to $184,500: employees pay 60%, and employers with 25 or more employees pay the other 40%. Workers' compensation is needed from the start too: the Workers' Compensation Division says "If you employ one or more workers, you are an employer." The federal layer (an EIN, Form W-4 and Form I-9 by the third business day) applies on top.
Does a staffing or recruiting agency need an Oregon license?
Not a general one. ORS 658.005 defines an employment agency as one procuring employment "for a fee" and excludes agencies whose charges are paid by anyone other than the applicant. Agencies that do charge applicants keep a $5,000 surety bond or letter of credit under ORS 658.075 and follow BOLI's fee rules. Worker leasing companies need a state license under ORS 656.850, which excludes firms that provide workers "on a temporary basis," and health care staffing agencies need Health Licensing Office authorization under ORS 676.695 to 676.725. See Oregon staffing agency rules.
What must an Oregon job posting include, and can you ask about pay history?
As of October 2026 Oregon has no pay range requirement for postings; the 2025 bill that would have added one, HB 2746, stayed in committee. Pay history is a different story. ORS 659A.357 makes it unlawful "to seek the salary history of an applicant or employee" from them or a current or former employer, and ORS 652.220(1) bars screening applicants on current or past compensation and setting pay for a position based on it. After an offer that states compensation, an employer may ask for written authorization to confirm prior pay. See the Oregon salary history ban.
Age is off-limits early too. Under HB 3187, in force since September 26, 2025, BOLI's summary says employers and agencies may not request an applicant's age, date of birth, or school attendance or graduation dates until an interview is completed or a conditional offer is made, unless needed for a bona fide occupational qualification or to comply with law.
When can you ask about criminal history or run a credit check?
After the initial interview. ORS 659A.360 makes it unlawful "to exclude an applicant from an initial interview solely because of a past criminal conviction," which includes requiring disclosure on the application or before the initial interview, or, with no interview, before a conditional offer. Afterward the employer may consider conviction history. See Oregon's ban-the-box law.
Credit checks are mostly out. ORS 659A.320 bars obtaining or using credit history for employment purposes, except for federally insured banks and credit unions, employers required by law to use it, certain public safety officers, and information substantially job-related with the reasons disclosed in writing. See our credit check laws guide.
Can you record or transcribe a job interview in Oregon?
It depends on the format. Under ORS 165.540(1)(a), a participant may record a telephone call. But (1)(c) bars obtaining a conversation "if not all participants in the conversation are specifically informed," and ORS 165.535 defines conversation to include "a communication occurring through a video conferencing program." So Zoom, Teams, Meet and in-person interviews need everyone told first; a violation is a Class A misdemeanor. See Oregon recording consent law for interviews and recording calls across state lines.
Does Oregon regulate AI in hiring?
Not with an AI-specific statute. As of October 2026 we found no Oregon law on AI screening or automated hiring decisions, and Oregon is not in our tracker of AI hiring laws by state. The Attorney General's December 2024 guidance on AI says "there may not be laws with the heading 'AI,'" but existing laws, including the Oregon Equality Act in ORS chapter 659A, "all have roles to play." An AI screening tool is held to the same rules as any other method.
Can you drug test applicants in Oregon?
Generally yes. We found no Oregon statute limiting when private employers may drug test applicants; on-site screening facilities need an Oregon Health Authority permit under ORS 438.435. ORS 659A.300 bars breathalyzer tests except with consent or reasonable grounds to believe the person is under the influence, and "the employer shall not require the employee to pay the cost." We also found no statute protecting off-duty cannabis use; SB 176 (2025), with protections for medical marijuana cardholders, stayed in committee. See our drug testing laws guide.
Does Oregon require E-Verify?
No. As of October 2026 we found no Oregon statute requiring private employers, public employers or contractors to use it. Two related Oregon rules do apply: under ORS 652.752, an employer that receives a federal notice to inspect its I-9 records must notify employees within three business days, and ORS 659A.347 bars refusing other acceptable I-9 documents in place of a driver license. See E-Verify requirements in Oregon.
Which state withholding form does a new hire complete?
Form OR-W-4. The Department of Revenue's 2026 instructions tell employees to complete it when "starting a new job with an employer who must withhold Oregon tax." If no OR-W-4 is submitted, the employer withholds from an older Oregon-only or pre-2020 federal W-4 if one exists, and otherwise takes "eight percent of your wages or other income subject to withholding."
Which notices must a new Oregon employee get at hire?
- Earnings and deductions explanation. Since January 1, 2026, SB 906 "requires that all employers notify all new hires" of the pay period, pay rate types, deductions and payroll codes on their pay statements. BOLI offers a template; update it by January 1 each year.
- Discrimination and harassment policy. ORS 659A.375 requires every employer to "provide a copy of the policy to each employee at the time of hire."
- Paid Leave Oregon notice. Employers "must post the model notice poster at each work site and provide a copy to any remote employees."
- Workers' compensation poster. Covered employers display the Notice of Compliance poster in a central gathering area.
- Schedule estimate. Retail, hospitality and food service employers with 500 or more employees worldwide give a written good faith schedule estimate at hire under ORS 653.428.
- Non-compete notice, if any. ORS 653.295 requires it in a written offer received at least two weeks before the first day, and pay must exceed an inflation-adjusted threshold. See Oregon non-compete law.
How do you report a new hire in Oregon?
The Department of Justice's new hire page says "Oregon law requires employers to report all new hires and rehires of employees to the Oregon Child Support Program within 20 days of the hire date," including the first day of work. Since January 1, 2024, the same deadline covers individual independent contractors who submit a W-9 and are expected to work more than 20 days in a calendar year. Report through the Oregon Employer Services Portal or on the paper form.
The Oregon hiring steps in order
- Before the first hire: register with the Employment Department and Revenue, bind workers' compensation, set up Paid Leave withholding, and adopt the harassment policy.
- Posting: no Oregon pay range rule; check other states' rules for remote roles.
- Application: no questions about salary history, convictions, age or graduation dates; no credit checks unless an exception applies.
- Interview: tell everyone before recording a video or in-person interview; ask about convictions only afterward.
- Offer: any non-compete goes in a written offer two weeks before the start date; confirm prior pay only with written authorization.
- First day: Form I-9, W-4, OR-W-4, the earnings and deductions explanation and the policy copy.
- Within 20 days of the hire date: report the employee, and any covered contractor, to the Child Support Program.
Hiring in more than one state? The same checklist is available for Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Oklahoma, Rhode Island, Washington, California and Colorado.
Questions people ask
What do I need to do to hire my first employee in Oregon?
As of October 2026, register as an employer with the Oregon Employment Department and get a Business Identification Number from the Department of Revenue, carry workers' compensation insurance from the first worker, withhold Paid Leave Oregon contributions, have the new hire complete Form OR-W-4 along with the federal W-4 and Form I-9, give the written explanation of earnings and deductions and a copy of your anti-discrimination and harassment policy, post the Paid Leave Oregon model notice, and report the hire to the Oregon Child Support Program within 20 days. This is not legal advice.
Does Oregon have its own W-4 form?
Yes. The Oregon Department of Revenue tells employees to complete Form OR-W-4 when they start a new job. If no OR-W-4 is on file, the employer withholds based on an older Oregon-only or pre-2020 federal W-4 if there is one, and otherwise at eight percent of wages subject to withholding.
Can an Oregon employer ask a candidate about salary history or age?
No to salary history: ORS 659A.357 bars seeking it from the applicant or a current or former employer, and ORS 652.220 bars setting pay based on it, though an employer may ask for written authorization to confirm prior pay after an offer that states compensation. Since September 26, 2025, House Bill 3187 also bars asking an applicant's age, date of birth or school attendance or graduation dates until an interview or conditional offer, except for bona fide occupational qualifications or legal requirements.
Can I record a Zoom interview with a candidate in Oregon?
Only if everyone is told. Oregon's definition of conversation in ORS 165.535 includes a communication through a video conferencing program, and ORS 165.540(1)(c) prohibits obtaining a conversation unless all participants are specifically informed. A participant may record an ordinary phone call. Violations are a Class A misdemeanor, so say you are recording or transcribing before you start.
What written notices do Oregon employers give new hires in 2026?
Since January 1, 2026, SB 906 requires every employer to give new hires a written explanation of the earnings and deductions on their pay statements, including pay period, pay rate types and payroll codes. ORS 659A.375 requires a copy of the employer's anti-discrimination and harassment policy at hire. Covered large retail, hospitality and food service employers owe a good faith work schedule estimate, and any non-compete must be disclosed in a written offer at least two weeks before the first day.