Newsletters and Alerts: Employment Alert

Oregon Employers Must Include New Notice with Federal Forms W-2

Monday, January 29, 2018  
Posted by: Emerald Stander
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Employment Law Alert: January 22, 2018
Oregon Employers Must Include New Notice 
with Federal Forms W-2
Effective October 6, 2017 Oregon SB 398 requires employers to give written notice to employees that they may be eligible to receive both state and federal earned income tax credits (EITC). Under the new law, the notice must be provided annually with the employee’s federal form W-2 and included on labor law posters.

Under the new law, the notice must be provided in English and in the language the employer typically uses to communicate with their employees. It may be provided by regular or electronic mail, but must be provided contemporaneously with the employee’s federal form W-2. The notice must also include website addresses for the Internal Revenue Service and the Oregon Department of Revenue, where the employee can find information about state and federal earned income tax credits.

The rules provide that the Bureau of Labor and Industries (BOLI) will develop a template that employers can use to give the required notice and to include on their minimum wage poster. In the meantime, BOLI has offered this sample language for employers to use with their notice on their website:
Employees may be eligible for the Earned Income Tax Credit (EITC or EIC), a benefit for working people with low to moderate income, particularly those with children. EITC reduces the amount of tax owed and may provide a refund.
 
Visit these websites for additional information about how to qualify:

Federal: https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit

Oregon: https://www.oregon.gov/DOR/programs/individuals/Pages/credits.aspx
Oregon employers should be prepared to include this new notice with their employee’s federal forms W-2, which must be mailed out to employees no later than January 31st.

Labor law posters should also be updated. Click here to view the updated minimum wage labor law poster from BOLI that includes the EITC verbiage.

UEA Members can call our Employer Helpline at (503) 595-2095 if they have questions about the new requirements.

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