76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
 
 
                            Enrolled
 
                         House Bill 3450
 
Sponsored by Representative CAMERON; Representatives GILLIAM,
  HUFFMAN, THATCHER
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to employment agreements; creating new provisions; and
  amending ORS 36.620.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 36.620 is amended to read:
  36.620. (1) An agreement contained in a record to submit to
arbitration any existing or subsequent controversy arising
between the parties to the agreement is valid, enforceable and
irrevocable except upon a ground that exists at law or in equity
for the revocation of a contract.
  (2) Subject to ORS 36.625 (8), the court shall decide whether
an agreement to arbitrate exists or a controversy is subject to
an agreement to arbitrate.
  (3) An arbitrator shall decide whether a condition precedent to
arbitrability has been fulfilled.
  (4) If a party to a judicial proceeding challenges the
existence of, or claims that a controversy is not subject to, an
agreement to arbitrate, the arbitration proceeding may continue
pending final resolution of the issue by the court, unless the
court otherwise orders.
  (5) A written arbitration agreement entered into between an
employer and employee and otherwise valid under subsection (1) of
this section is voidable and may not be enforced by a court
unless:
    { - (a) The employer informs the employee in a written
employment offer received by the employee at least two weeks
before the first day of the employee's employment that an
arbitration agreement is required as a condition of employment;
or - }
   { +  (a) At least 72 hours before the first day of the
employee's employment, the employee has received notice in a
written employment offer from the employer that an arbitration
agreement is required as a condition of employment, and the
employee has been provided with the required arbitration
agreement that meets the requirements of, and includes the
acknowledgment set forth in, subsection (6) of this section;
or + }
  (b) The arbitration agreement is entered into upon a subsequent
bona fide advancement of the employee by the employer.
   { +  (6) The acknowledgment required by subsection (5) of this
section must be signed by the employee and must include the
following language in boldfaced type:
 
 
Enrolled House Bill 3450 (HB 3450-B)                       Page 1
 
 
 
 
________________________________________________________________
 
  I acknowledge that I have received and read or have had the
opportunity to read this arbitration agreement. I understand that
this arbitration agreement requires that disputes that involve
the matters subject to the agreement be submitted to mediation or
arbitration pursuant to the arbitration agreement rather than to
a judge and jury in court.
 
________________________________________________________________
 
 + }
  SECTION 2.  { + The amendments to ORS 36.620 by section 1 of
this 2011 Act apply to arbitration agreements entered into on or
after the effective date of this 2011 Act. + }
                         ----------
 
 
Passed by House March 22, 2011
 
Repassed by House June 13, 2011
 
 
    .............................................................
                         Ramona Kenady Line, Chief Clerk of House
 
    .............................................................
                                    Bruce Hanna, Speaker of House
 
    .............................................................
                                   Arnie Roblan, Speaker of House
 
Passed by Senate June 9, 2011
 
 
    .............................................................
                              Peter Courtney, President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3450 (HB 3450-B)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2011
 
Approved:
 
......M.,............., 2011
 
 
    .............................................................
                                         John Kitzhaber, Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2011
 
 
    .............................................................
                                   Kate Brown, Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 3450 (HB 3450-B)                       Page 3