There is growing interest in the power of Workforce Standards Boards to improve pay and working conditions in industries with low wages. In the 2025 Oregon legislative session, two proposals center on creating boards in the agriculture and long-term care industries. This fact sheet answers some frequently asked questions about the policy and draft legislation.
What are Workforce Standards Boards and why are they a good approach for improving workplace conditions?
Workforce Standards Boards are public bodies that establish minimum pay and working conditions for an entire industry. These standards apply to all firms operating within that industry. This creates an even, industry-wide playing field for employees and businesses. Employees get consistent wages, training and workplace conditions across the industry, and firms aren’t at a disadvantage against other companies that want to compete by lowering labor standards.
What will the Farmworker and Long-Term Care Workforce Standards Boards prioritize?
The Farmworker Standards Board will focus on challenges faced by farm workers. These include hazard pay, piece-rate compensation, paid benefits, training, and health and safety standards.
The Long-Term Care Workforce Standards Board will focus on workers in home care, foster care and community-based care. It will prioritize issues such as recruitment, retention, staffing levels, training and compensation.
Who will serve on each board?
Long-Term Care Standards Board: The board will consist of 13 members appointed by the Governor: four workers or worker representatives, four employers or their representatives, two individuals that receive care, one representative from the Bureau of Labor and Industries (BOLI), one representative from Department of Human Services (DHS), and one representative from the governor’s office.
Farmworker Standards Board: The board will consist of 9 members appointed by the Governor: four agricultural workers or worker representatives, four agricultural employers or their representatives, and one member of the public with legal knowledge and expertise in health and safety issues that affect agricultural workers and low-wage workers.
What process will the boards follow for implementing minimum standards?
Each board will study the industry and hear public testimony to understand the working conditions of the respective workforce. Based on this evidence, the boards will develop rules for the industry. Both standards boards require more than half of the members of the board to be present to hold a meeting. More than half of the board must vote “yes” to approve any new rule, standard, or training criteria.
Will the decisions of the boards be binding, or do they require approval by the legislature?
The Farmworker Standards Board has the authority to establish rules, similar to other agencies with regulatory powers. These standards or rules developed by the board are legally binding and enforceable under the law.
The Long-Term Care Standards Board will have contingent rulemaking: its rules are binding and enforceable unless they impact the state budget. Standards or rules with budgetary implications will be sent as recommendations, including funding, to the legislature for approval.
How does the board avoid overregulation of these industries?
Workforce Standards Boards are designed to develop standards tailored to the needs of the industry, reducing the risk of overregulation. The structure of the board forces employers, workers and third parties to jointly study the industry and develop reasonable standards on matters such as wages, working conditions, and retention. By having multiple stakeholders as decision-makers, the structure of the board promotes policies that balance diverse interests.
Are there examples of workforce standards boards in other states?
California Fast Food Council: Established in 2023, the California Fast Food Council sets minimum standards relating to hours, wages, health and safety and other working conditions for the fast food industry.
Minnesota Nursing Home Workforce Standards Board: Created in 2023, the Minnesota Nursing Home Workforce Standards Board sets rules regarding wages, training, and other working conditions for the state’s nursing home workers.
New York Farm Laborers Wage Board: Formed in 2020, the New York Farm Laborers Wage Board was responsible for recommending lowering the overtime threshold from 60 to 40 hours for farmworkers.
What are the benefits of workforce standards boards having rule-making authority?
When rulemaking authority is solely vested in a single government agency or body lacking diverse representation, there is a risk that political pressures will shape its rulings, or that its rulings will not sufficiently consider the real-world impacts on workers or businesses. A board that represents multiple stakeholders can provide a more balanced, thoughtful approach to policy making. Rulemaking enables workers and employers to collaborate effectively, with the necessary tools to address workforce challenges and improve their industries.
Where will each board be housed?
The Farmworker Standards Board will be housed within the Bureau of Labor and Industries (BOLI). The Long-Term Care Standards Board will be a stand-alone public body, but will still include representation from the Department of Human Services (DHS) and BOLI on the board.
How do Workforce Standards Boards support worker organizing?
Because boards require all companies to follow the same minimum standards, they reduce incentives for nonunion firms to undercut unionized firms. This means there is less incentive for employers to push back against union drives. Boards also create opportunities for worker engagement like testifying before the board, a role unions are well-placed to support. Additionally, worker representatives often have seats on standards boards, giving unions or worker advocates a role in developing industry standards.
