2007 Oregon Code - Chapter 652 :: Chapter 652 - Hours - Wages - Wage Claims - Records
Chapter 652 —
Hours; Wages; Wage Claims; Records
2007 EDITION
HOURS; WAGES; WAGE CLAIMS; RECORDS
LABOR, EMPLOYMENT; UNLAWFUL DISCRIMINATION
HOURS OF LABOR
652.010Â Â Â Â Declaration
of public policy concerning maximum working hours in certain industries
652.020Â Â Â Â Maximum
working hours in certain industries; overtime hours and pay; exemptions
652.030Â Â Â Â Enforcement
of ORS 652.010 and 652.020 dependent upon like laws in other states
652.040Â Â Â Â Maximum
working hours in mines
652.050Â Â Â Â Definitions
for ORS 652.050 to 652.080
652.060Â Â Â Â Maximum
working hours for firefighters
652.070Â Â Â Â Overtime
pay for firefighters
652.080Â Â Â Â Computing
hours on duty for purposes of ORS 652.060 and 652.070
PAYMENT AND COLLECTION OF WAGES GENERALLY
652.110Â Â Â Â Method
of paying employees; agreement on method of payment; revocation of agreement
652.120Â Â Â Â Establishing
regular payday; pay intervals; agreement to pay wages at future date
652.125Â Â Â Â Bond
required when failure to make timely wage payment occurs; court to enjoin
business of employer failing to provide bond
652.130Â Â Â Â Payment
of wages due persons employed on piece work scale or quantity basis in forest
product industries; furnishing statement of scale or quantity produced
652.140Â Â Â Â Payment
of wages on termination of employment; exception for collective bargaining
652.145Â Â Â Â Payment
of wages for seasonal farmworkers
652.150Â Â Â Â Penalty
wage for failure to pay wages on termination of employment
652.160Â Â Â Â Payment
in case of dispute over wages
652.165Â Â Â Â Rules
for wage collection and payment
652.170Â Â Â Â Payment
of wages in case of strikes
652.190Â Â Â Â Payment
of wages to surviving spouse or dependent children
652.200Â Â Â Â Attorney
fee in action for wages
652.210Â Â Â Â Definitions
for ORS 652.210 to 652.230
652.220Â Â Â Â Prohibition
of discriminatory wage rates based on sex; employer not to discriminate against
employee-complainant
652.230Â Â Â Â Employee
right of action against employer for unpaid wages and damages
652.240Â Â Â Â Paying
wage lower than that required by statute or contract prohibited
652.250Â Â Â Â Public
employeeÂ’s wages as affected by absence to engage in search or rescue operation
ENFORCEMENT OF WAGE CLAIMS
(Generally)
652.310Â Â Â Â Definitions
of employer and employee
652.320Â Â Â Â Definitions
for ORS 652.310 to 652.414
652.330Â Â Â Â Powers
and duties of commissioner in enforcing wage claims; parties to wage claim
action
652.332Â Â Â Â Administrative
proceeding for wage claim collection; court enforcement and review; rules
652.335Â Â Â Â Liability
of liquor dispenser licensee for wage claims of certain individuals
652.340Â Â Â Â Requiring
bond of employer
652.355Â Â Â Â Prohibition
of discrimination because of wage claim; remedy
652.360Â Â Â Â Contract
exempting employer from liability or penalty not valid; exceptions
652.370Â Â Â Â Jurisdiction
of courts; proceedings in name of state
652.380Â Â Â Â Remedies
cumulative; effect of payment or tender by employer after proceeding commenced
652.390Â Â Â Â Deduction
of costs from wage claims; collection fees; assignment of wage claims
652.400Â Â Â Â Deposit
of moneys in Wage Collection Account; payment to persons entitled thereto
652.405Â Â Â Â Disposition
of wages collected by commissioner when payment cannot be made to person
entitled thereto
(Wage Security Fund)
652.409Â Â Â Â Wage
Security Fund; use
652.414Â Â Â Â Procedure
for payment from fund; lien against personal property of employer; penalties;
rules
(Reciprocal Enforcement of Wage Claims)
652.420Â Â Â Â Definitions
for ORS 652.420 to 652.445
652.425Â Â Â Â Authority
of commissioner to enter into agreements with other states for reciprocal
enforcement of wage claims
652.430Â Â Â Â Assigning
wage claim to labor bureau of another state
652.435Â Â Â Â Accepting
assignments of wage claims from labor bureau of another state
652.440Â Â Â Â Retention
by commissioner or labor bureau of percentage of funds collected
652.445Â Â Â Â Deposit
of moneys in Wage Collection Account
PRIORITY OF WAGE CLAIMS
652.500Â Â Â Â Receiver
to pay accrued wages; payment of employees; receiverÂ’s certificates
652.510Â Â Â Â Payment
of wage claims by receivers, assignees or court; filing statement of wages due
652.520Â Â Â Â Form
of statement of wage claim
652.530Â Â Â Â Serving
copy of statement; report to court; order of payment
652.540Â Â Â Â Exception
to claim; legal action on claim
652.550Â Â Â Â Payment
of claims prerequisite to discharge of attachment or execution, assignee or
receiver, or to abandonment of seizure or sale
652.560Â Â Â Â Costs
and attorney fees
652.570Â Â Â Â Priority
of wage claims over transfers in payment of preexisting obligations; payment
and subrogation of transferee
STATEMENTS RELATING TO EMPLOYEEÂ’S SALARY AND DEDUCTIONS THEREFROM
(Generally)
652.610Â Â Â Â Itemized
statement of amounts and purposes of deductions; timely payment to recipient of
amounts deducted
652.615Â Â Â Â Remedy
for violation of ORS 652.610
652.620Â Â Â Â Statement
of yearly compensation on request of employee
(Agricultural Workers)
652.630Â Â Â Â Definitions
for ORS 652.630 to 652.640
652.635Â Â Â Â Producers
to post certain terms of employment
652.640Â Â Â Â Itemized
statement of compensation and deductions required
FEES OR DEDUCTIONS FOR MEDICAL CARE
652.710Â Â Â Â Fees
collected by employer for medical care contracts are trust funds; priority on
liquidation; civil penalty; rules
652.720Â Â Â Â Prohibited
use by employer of fees for medical care contracts withheld from employee wages
PERSONNEL RECORDS
652.750Â Â Â Â Inspection
of records by employee; furnishing copy to employee; disposition of record on
termination of employment; charge for copies
PENALTIES
652.900Â Â Â Â Civil
penalties
652.990Â Â Â Â Criminal
penalties
HOURS OF LABOR
     652.010
Declaration of public policy concerning maximum working hours in certain
industries. (1) It is the
public policy of this state that no person shall be hired, nor permitted to
work for wages, under any conditions or terms, for longer hours or days of
service than is consistent with the personÂ’s health and physical well-being and
ability to promote the general welfare by the personÂ’s increasing usefulness as
a healthy and intelligent citizen.
     (2) It hereby is declared that the working
of any person more than 10 hours in one day in any mill, factory or
manufacturing establishment or the working of any person more than eight hours,
exclusive of one hour, more or less, in one day, or more than 48 hours in one
calendar week in sawmills, planing mills, shingle mills and logging camps is
injurious to the physical health and well-being of such person, and tends to
prevent the person from acquiring that degree of intelligence that is necessary
to make the person a useful and desirable citizen of the state.
     652.020
Maximum working hours in certain industries; overtime hours and pay;
exemptions. (1) No person
shall be employed in any mill, factory or manufacturing establishment in this
state more than 10 hours in any one day, or in sawmills, planing mills, shingle
mills and logging camps more than eight hours, exclusive of one hour, more or
less, in one day or more than 48 hours in one calendar week, except logging
train crews, guards, firefighters and persons engaged in the transportation to
and from work, and employees when engaged in making necessary repairs, or in
the case of emergency where life and property are in imminent danger. However,
employees may work overtime not to exceed three hours in one day, conditioned
that payment be made for said overtime at the rate of time and one-half the
regular wage.
     (2) No employer shall require or permit
any person to work in any place mentioned in this section more than the hours
provided for in this section during any day of 24 hours. No employer shall
permit or suffer an overseer, superintendent or other agent of the employer to
violate this section.
     (3) This section does not apply to persons
employed in the care of quarters or livestock, conducting messhalls,
superintendence and direction of work, or to the loading and removal of the
finished forest product.
     (4) Subsections (1) and (2) of this
section do not apply to employees who are represented by a labor organization
for purposes of collective bargaining with their employer, provided limits on
the required hours of work and overtime payment have been agreed to between the
employer and labor organization, or if no agreement is reached, then, for the
purposes of this subsection, such limits and payments shall not be deemed to be
changed from the previous collective bargaining agreement between the employer
and labor organization unless the employees have been locked out, are engaged
in a strike or the employer has unilaterally implemented new terms and
conditions of employment. [Amended by 1989 c.852 §1; 1991 c.67 §157; 1999 c.59 §190]
     652.030
Enforcement of ORS 652.010 and 652.020 dependent upon like laws in other
states. ORS 652.010 and
652.020 shall not be enforced insofar as they relate to working hours in
sawmills, planing mills, shingle mills and logging camps until laws containing
like provisions regarding working hours in such places of employment in the
States of California, Washington and Idaho become effective in each of those
states respectively.
     652.040
Maximum working hours in mines.
(1) No person who operates any underground mine yielding gold or silver or
copper or lead or other metal shall permit or require any person to work in
such underground mine for more than eight hours in any 24 hours. The hours for
such employment or work day shall be consecutive excluding, however, any
intermission of time for lunch or meals.
     (2) In the case of emergency, where life
or property is in imminent danger, persons may work in such underground mines
for a longer time during the continuance of the exigency or emergency. This
section does not apply to mines in their first stages of development, such as
tunnel work to a length of 200 feet, or shaft work to a depth of 150 feet, or
to any surface excavation.
     652.050
Definitions for ORS 652.050 to 652.080. As used in ORS 652.050 to 652.080:
     (1) “Firefighter” means a person whose
principal duties consist of preventing or combating fire or preventing loss of
life or property from fire.
     (2) “Regularly organized fire department”
means any organization maintained for the purpose of preventing or combating
fire and employing one or more persons on a full-time basis as firefighters.
     (3) “Volunteer firefighter” means a person
who performs services as a firefighter for a regularly organized fire
department and whose work hours and work shifts are voluntary and whose
volunteer service is not a condition of employment. [Amended by 1983 c.319 §1]
     652.060
Maximum working hours for firefighters. (1)(a) No person employed on a full-time basis as a firefighter by any
regularly organized fire department maintained by any incorporated city,
municipality or fire district and that employs not more than three persons on a
full-time basis as firefighters shall be required to be on regular duty with
such fire department more than 72 hours a week. However, any affected
incorporated city, municipality or fire district shall be deemed to have
complied with this paragraph and ORS 652.070 if the hours of regular duty
required of firefighters employed by it average not more than 72 hours a week
over each quarter of the fiscal year of the employing city, municipality or
fire district.
     (b) No person employed on a full-time
basis as a firefighter by any regularly organized fire department maintained by
any incorporated city, municipality or fire district and that employs four or
more persons on a full-time basis as firefighters shall be required to be on
regular duty with such fire department more than 56 hours a week. However, any
affected incorporated city, municipality or fire district shall be deemed to
have complied with this paragraph and ORS 652.070 if the hours of regular duty
required of firefighters employed by it average not more than 56 hours a week
over each quarter of the fiscal year of the employing city, municipality or
fire district.
     (2) In the event this section shortens the
working hours of firefighters employed by any such city, municipality or fire
district, the total wages of such firefighters shall not for that reason be
reduced. [Amended by 1959 c.402 §1; 1969 c.581 §1]
     652.070
Overtime pay for firefighters.
(1) Every affected incorporated city, municipality and fire district shall put
into effect and maintain a schedule of working hours required of regularly
employed firefighters which shall not be in excess of the average hours
established by ORS 652.060, and which shall provide for at least 48 consecutive
hours off-duty time in each seven-day period. Any affected incorporated city,
municipality or fire district failing so to do shall pay to every regularly
employed firefighter as additional pay for every hour of regular duty required
of and performed by the firefighter over and above the average hours
established by ORS 652.060 a sum equivalent to one and one-half times the
regular hourly rate of pay at the time of such default. However, in the case of
replacement for any authorized leave, vacation or temporary vacancy, regularly
employed firefighters in a department employing four or more persons on a
full-time basis as firefighters may elect to work in excess of 56 hours a week
at not less than their regular hourly rate of pay.
     (2) Nothing in subsection (1) of this
section requires payment of one and one-half times the hourly rate of pay to a
volunteer firefighter for hours of duty performed in excess of the average
hours established by ORS 652.060. [Amended by 1959 c.402 §2; 1969 c.581 §2;
1983 c.319 §2]
     652.080
Computing hours on duty for purposes of ORS 652.060 and 652.070. In computing the average or total number of
hours a week for the purposes of ORS 652.060 and 652.070, authorized vacation
or sick leave time shall be considered as time on regular duty. [1959 c.402 §4]
PAYMENT AND
COLLECTION OF WAGES GENERALLY
     652.110
Method of paying employees; agreement on method of payment; revocation of
agreement. (1) A person
engaged in any business or enterprise of any kind in this state may not issue,
in payment of or as evidence of indebtedness for wages due an employee, any
order, check, memorandum or other instrument of indebtedness unless the
instrument is negotiable and payable without discount in cash on demand at some
bank or other established place of business in the county where the employee
lives or works and where a sufficient amount of funds have been provided and
are or will be available for the payment of the instrument when due. The person
shall, upon presentation and demand, pay the instrument in lawful money of the
     (2) This section does not in any way limit
or interfere with the right of any employee to accept from any person, as an
evidence or acknowledgment of indebtedness for wages due the employee, a
negotiable instrument, payable at some future date with interest.
     (3) An employer and an employee may agree
to authorize the employer to deposit without discount wages due the employee in
the employeeÂ’s account in a financial institution, as defined in ORS 706.008,
in this state.
     (4) An employer and an employee may agree
that the employer may pay wages through a direct deposit system, automated
teller machine card, payroll card or other means of electronic transfer if the
employee may:
     (a) Make an initial withdrawal of the
entire amount of net pay without cost to the employee; or
     (b) Choose to use another means of payment
of wages that involves no cost to the employee.
     (5) An agreement described in subsection
(4) of this section must be made in the language that the employer principally
uses to communicate with the employee.
     (6)(a) Except as provided in paragraph (b)
of this subsection, to revoke an agreement described in subsection (4) of this
section, an employee shall give the employer a written notice of revocation of
the agreement. Unless the employer and employee agree otherwise, the agreement
is revoked 30 days after the date the notice is received by the employer.
     (b) To revoke an agreement described in
subsection (4) of this section, an employee who works for an employer as a
seasonal farmworker as defined in ORS 652.145 or an employee who is employed in
packing, canning, freezing or drying any variety of agricultural crops shall
give the employer notice of revocation of the agreement either orally or in
writing. Unless the employer and the employee agree otherwise, the agreement is
revoked 10 days after the date the notice is received by the employer. [Amended
by 1975 c.191 §1; 1999 c.59 §191; 2007 c.546 §1]
     652.120
Establishing regular payday; pay intervals; agreement to pay wages at future
date. (1) Every employer
shall establish and maintain a regular payday, at which date the employer shall
pay all employees the wages due and owing to them.
     (2) Payday may not extend beyond a period
of 35 days from the time that the employees entered upon their work, or from
the date of the last regular payday.
     (3) This section does not prevent the
employer from establishing and maintaining paydays at more frequent intervals.
     (4) This section does not prevent any
employer from entering into a written agreement, prior to the rendering of any
services, and mutually satisfactory with the employerÂ’s employees, as to the
payment of wages at a future date.
     (5) When an employer has notice that an
employee has not been paid the full amount the employee is owed on a regular
payday and there is no dispute between the employer and the employee regarding
the amount of the unpaid wages:
     (a) If the unpaid amount is less than five
percent of the employeeÂ’s gross wages due on the regular payday, the employer
shall pay the employee the unpaid amount no later than the next regular payday;
or
     (b) If the unpaid amount is five percent
or more of the employeeÂ’s gross wages due on the regular payday, the employer
shall pay the employee the unpaid amount within three days after the employer
has notice of the unpaid amount, excluding Saturdays, Sundays and holidays. [Amended
by 1961 c.662 §1; 2007 c.453 §1]
     652.125
Bond required when failure to make timely wage payment occurs; court to enjoin
business of employer failing to provide bond. (1) If, upon complaint by an employee, and after investigation, it
appears to the Commissioner of the Bureau of Labor and Industries that an
employer is failing to pay wages within five days of a payday scheduled by the
employer, the commissioner may require the employer to give a bond in such
amount as the commissioner determines necessary, with sufficient surety, to
assure timely payment of wages due employees for such future period as the
commissioner considers appropriate. In lieu of a bond, the commissioner may
accept a letter of credit from an issuer approved by the commissioner, upon
such terms and conditions and for such amount as the commissioner determines
necessary to assure timely payment of wages for such future period as the
commissioner determines appropriate.
     (2) If, within 10 days after demand for
such bond, the employer fails to provide the same, the commissioner may
commence court action against the employer in the circuit court of appropriate
jurisdiction to compel the employer to furnish such bond or cease doing business
until the employer has done so. The employer shall have the burden of proving
the amount thereof to be excessive.
     (3) If the court finds that there is just
cause for requiring such bond and that the same is reasonably necessary or
appropriate to secure the prompt payment of the wages of the employees of such
employer, the court shall enjoin such employer from doing business in this
state until the requirement is met, or shall make other, and may make further,
orders appropriate to compel compliance with the requirement. [1989 c.651 §3]
     Note: 652.125 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 652 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     652.130
Payment of wages due persons employed on piece work scale or quantity basis in
forest product industries; furnishing statement of scale or quantity produced. Every person engaged in the business of
logging or obtaining or securing sawlogs, poles, spars, piles, cordwood, posts
or other timber or forest products, or engaged in the business of manufacturing
sawlogs or other timber into lumber, and employing one or more employees on a
piece work scale or quantity wage basis, shall furnish such employees at least
once monthly, a statement of scale or quantity produced by them to their
credit, and shall pay all wages or amounts so earned and due and payable under
the law regulating paydays.
     652.140
Payment of wages on termination of employment; exception for collective
bargaining. (1) When an
employer discharges an employee or when employment is terminated by mutual
agreement, all wages earned and unpaid at the time of the discharge or
termination become due and payable not later than the end of the first business
day after the discharge or termination.
     (2)(a) When an employee who does not have
a contract for a definite period quits employment, all wages earned and unpaid
at the time of quitting become due and payable immediately if the employee has
given to the employer not less than 48 hoursÂ’ notice, excluding Saturdays,
Sundays and holidays, of intention to quit employment.
     (b) Except as provided in paragraph (c) of
this subsection, if the employee has not given to the employer the notice described
in paragraph (a) of this subsection, the wages become due and payable within
five days, excluding Saturdays, Sundays and holidays, after the employee has
quit, or at the next regularly scheduled payday after the employee has quit,
whichever event first occurs.
     (c) If the employee has not given to the
employer the notice described in paragraph (a) of this subsection and if the
employee is regularly required to submit time records to the employer to enable
the employer to determine the wages due the employee, within five days after
the employee has quit the employer shall pay the employee the wages the
employer estimates are due and payable. Within five days after the employee has
submitted the time records, all wages earned and unpaid become due and payable.
     (3) For the purpose of this section, if
employment termination occurs on a Saturday, Sunday or holiday, all wages
earned and unpaid shall be paid no later than the end of the first business day
after the employment termination, except that if the employment is related to
activities authorized under ORS chapter 565, all wages earned and unpaid shall
be paid no later than the end of the second business day after the employment
termination.
     (4) The employer shall forward such wages
by mail to any address designated by the employee if the employee requests the
employer so to do. An employer may deposit such wages without discount in the
employeeÂ’s account in a financial institution, as defined in ORS 706.008, in
this state, provided the employee and the employer have agreed to such deposit.
     (5) This section does not apply to
employment for which a collective bargaining agreement otherwise provides for
the payment of wages upon termination of employment.
     (6) When a termination of employment
results from the sale of a business or business property and the purchaser
employs or continues the employment of an individual employed at the business,
this section does not apply to the payment to such an individual of wages for
earned but unused accrued holiday leave, sick leave, vacation leave or other
leave benefits payable upon termination of employment pursuant to a collective
bargaining or other employment agreement or employer policy, if the following
conditions are met:
     (a) On the first day of such an individual’s
continued employment the purchaser of the business credits the individual with
all such earned but unused accrued leave; and
     (b) The leave, when used, is paid at a
rate not less than the rate at which the leave was earned or, if paid at a
lesser rate, the number of hours credited is increased to compensate the
individual for any difference. [Amended by 1957 c.242 §1; 1975 c.192 §1; 1991
c.966 §1; 1995 c.753 §1; 1997 c.233 §1; 1999 c.59 §192; 2005 c.664 §1]
     652.145
Payment of wages for seasonal farmworkers. Notwithstanding ORS 652.140, if an employee has worked for an employer
as a seasonal farmworker, whenever the employment terminates, all wages earned
and unpaid become due and payable immediately. However, if the employee quits
without giving the employer at least 48 hoursÂ’ notice, wages earned and unpaid
are due and payable within 48 hours after the employee has quit, or at the next
regularly scheduled payday after the employee has quit, whichever event first
occurs. As used in this section, “seasonal farmworker” means an individual who,
for an agreed remuneration or rate of pay, performs temporary labor for another
in the production of farm products or in the planting, cultivating or
harvesting of seasonal agricultural crops or in the forestation or
reforestation of lands including, but not limited to, the planting,
transplanting, tubing, precommercial thinning and thinning of trees and
seedlings, the clearing, piling and disposal of brush and slash and other
related activities. [1991 c.966 §4; 2001 c.613 §17]
     652.150
Penalty wage for failure to pay wages on termination of employment. (1) Except as provided in subsections (2)
and (3) of this section, if an employer willfully fails to pay any wages or
compensation of any employee whose employment ceases, as provided in ORS
652.140 and 652.145, then, as a penalty for the nonpayment, the wages or
compensation of the employee shall continue from the due date thereof at the
same hourly rate for eight hours per day until paid or until action therefor is
commenced. However:
     (a) In no case shall the penalty wages or
compensation continue for more than 30 days from the due date; and
     (b) A penalty may not be assessed under
this section when an employer pays an employee the wages the employer estimates
are due and payable under ORS 652.140 (2)(c) and the estimated amount of wages
paid is less than the actual amount of earned and unpaid wages, as long as the
employer pays the employee all wages earned and unpaid within five days after
the employee submits the time records.
     (2) If the employee or a person on behalf
of the employee sends a written notice of nonpayment, the penalty may not
exceed 100 percent of the employeeÂ’s unpaid wages or compensation unless the
employer fails to pay the full amount of the employeeÂ’s unpaid wages or
compensation within 12 days after receiving the written notice. If the employee
or a person on behalf of the employee fails to send the written notice, the
penalty may not exceed 100 percent of the employeeÂ’s unpaid wages or compensation.
For purposes of determining when an employer has paid wages or compensation
under this subsection, payment occurs on the date the employer delivers the
payment to the employee or sends the payment by first class mail, express mail
or courier service.
     (3)(a) For purposes of this section, a
commission owed to an employee by a business that primarily sells motor
vehicles or farm implements is not due until all of the terms and conditions of
an agreement between the employer and employee concerning the method of payment
of commissions are fulfilled. If no such agreement exists, the commission is
due with all other earned and unpaid wages or compensation as provided in ORS
652.140.
     (b) Notwithstanding subsection (2) of this
section, when there is a dispute between an employer and an employee concerning
the amount of commission due under paragraph (a) of this subsection, if the
amount of unpaid commission is found to be less than 20 percent of the amount
of unpaid commission claimed by the employee, the penalty may not exceed the
amount of the unpaid commission or $200, whichever is greater.
     (4) Subsections (2) and (3)(b) of this
section do not apply when:
     (a) The employer has violated ORS 652.140
or 652.145 one or more times in the year before the employeeÂ’s employment
ceased; or
     (b) The employer terminated one or more
other employees on the same date that the employeeÂ’s employment ceased.
     (5) The employer may avoid liability for
the penalty described in this section by showing financial inability to pay the
wages or compensation at the time the wages or compensation accrued. [Amended
by 1957 c.244 §1; 1991 c.966 §2; 1995 c.501 §1; 2001 c.690 §1; 2003 c.779 §1;
2005 c.664 §2]
     652.160
Payment in case of dispute over wages. In case of dispute over wages, the employer must pay, without
condition, and within the time set by ORS 652.140, all wages conceded by the
employer to be due, leaving the employee all remedies the employee might
otherwise have or be entitled to as to any balance the employee might claim.
     652.165
Rules for wage collection and payment. In accordance with any applicable provision of ORS chapter 183, the
Commissioner of the Bureau of Labor and Industries may adopt rules to carry out
the provisions of ORS 652.140 to 652.160. [1995 c.501 §3]
     652.170
Payment of wages in case of strikes. When any number of employees enter upon a strike, the wages due such
striking employees at the time of entering upon such strike shall not become
due and payable until the next regular payday after the commencement of such
strike, if the time between the commencement of the strike and the next regular
payday does not exceed a period of 30 days. If the intervening time does exceed
the period of 30 days, then the wages shall be due and payable 30 days after the
commencement of the strike.
     652.180 [Repealed by 1953 c.515 §2]
     652.190
Payment of wages to surviving spouse or dependent children. All wages earned by an employee, not
exceeding $10,000, shall, upon the employeeÂ’s death, become due and payable to
the employeeÂ’s surviving spouse, or if there is no surviving spouse, the
dependent children, or their guardians or the conservators of their estates, in
equal shares, to the same extent as if the wages had been earned by such
surviving spouse or dependent children. As used in this section, “wages” means
compensation of employees based on time worked or output of production and
includes every form of remuneration payable for a given period to an individual
for personal services. [Amended by 1971 c.448 §1; 1981 c.594 §1; 1997 c.52 §1]
     652.200
Attorney fee in action for wages. (1) In any action for the collection of any order, check, memorandum
or other instrument of indebtedness referred to in ORS 652.110, if it is shown
that the order, check, memorandum or other instrument of indebtedness was not
paid for a period of 48 hours, excluding Saturdays, Sundays and holidays, after
presentation and demand for the payment thereof, the court shall, upon entering
judgment for the plaintiff, include in the judgment, in addition to the costs
and disbursements otherwise prescribed by statute, a reasonable sum for
attorney fees at trial and on appeal for prosecuting the action, unless it
appears that the employee has willfully violated the contract of employment.
     (2) In any action for the collection of
wages, if it is shown that the wages were not paid for a period of 48 hours,
excluding Saturdays, Sundays and holidays, after the wages became due and
payable, the court shall, upon entering judgment for the plaintiff, include in
the judgment, in addition to the costs and disbursements otherwise prescribed
by statute, a reasonable sum for attorney fees at trial and on appeal for
prosecuting the action, unless it appears that the employee has willfully
violated the contract of employment or unless the court finds that the
plaintiffÂ’s attorney unreasonably failed to give written notice of the wage
claim to the employer before filing the action. [Amended by 1957 c.242 §2; 1981
c.897 §86; 2001 c.279 §1; 2007 c.546 §2]
     652.210
Definitions for ORS 652.210 to 652.230. As used in ORS 652.210 to 652.230, unless the context requires
otherwise:
     (1) “Employee” means any individual who,
otherwise than as a copartner of the employer, as an independent contractor or
as a participant in a work training program administered under the state or
federal assistance laws, renders personal services wholly or partly in this
state to an employer who pays or agrees to pay such individual at a fixed rate.
However, when services are rendered only partly in this state, an individual is
not an employee unless the contract of employment of the employee has been
entered into, or payments thereunder are ordinarily made or to be made, within
this state.
     (2) “Employer” means any person employing
one or more employees, including the State of Oregon or any political
subdivision thereof or any county, city, district, authority, public
corporation or entity and any of their instrumentalities organized and existing
under law or charter. “Employer” does not include the federal government.
     (3) “Rate” with reference to wages means
the basis of compensation for services by an employee for an employer and
includes compensation based on the time spent in the performance of the
services, on the number of operations accomplished or on the quantity produced
or handled.
     (4) “Unpaid wages” means the difference
between the wages actually paid to an employee and the wages required under ORS
652.220 to be paid to the employee.
     (5) “Wages” means all compensation for
performance of service by an employee for an employer, whether paid by the
employer or another person, including cash value of all compensation paid in
any medium other than cash. [1955 c.193 §1; 1985 c.100 §1; 1987 c.158 §124;
1993 c.739 §25; 2005 c.22 §457]
     652.220
Prohibition of discriminatory wage rates based on sex; employer not to
discriminate against employee-complainant. (1) No employer shall:
     (a) In any manner discriminate between the
sexes in the payment of wages for work of comparable character, the performance
of which requires comparable skills.
     (b) Pay wages to any employee at a rate
less than that at which the employer pays wages to employees of the opposite
sex for work of comparable character, the performance of which requires
comparable skills.
     (2) Subsection (1) of this section does
not apply where:
     (a) Payment is made pursuant to a
seniority or merit system which does not discriminate on the basis of sex.
     (b) A differential in wages between
employees is based in good faith on factors other than sex.
     (3) No employer shall in any manner
discriminate in the payment of wages against any employee because the employee
has filed a complaint in a proceeding under ORS 652.210 to 652.230, or has
testified, or is about to testify, or because the employer believes that the
employee may testify, in any investigation or proceedings pursuant to ORS
652.210 to 652.230 or in a criminal action pursuant to ORS 652.210 to 652.230. [1955
c.193 §2]
     652.230
Employee right of action against employer for unpaid wages and damages. (1) Any employee whose compensation is at a
rate that is in violation of ORS 652.220 shall have a right of action against
the employer for the recovery of:
     (a) The amount of the unpaid wages to
which the employee is entitled for the one year period preceding the
commencement of the action; and
     (b) An additional amount as liquidated
damages equal to the amount referred to in paragraph (a) of this subsection.
     (2) The court shall award reasonable
attorney fees to the prevailing plaintiff in an action under this section. The
court may award reasonable attorney fees and expert witness fees incurred by a
defendant who prevails in the action if the court determines that the plaintiff
had no objectively reasonable basis for asserting a claim or no objectively
reasonable basis for appealing an adverse decision of a trial court.
     (3) The action for the unpaid wages and
liquidated damages may be maintained by one or more employees on behalf of
themselves or other employees similarly situated.
     (4) No agreement for compensation at a
rate less than the rate to which such employee is entitled under ORS 652.210 to
652.230 is a defense to any action under ORS 652.210 to 652.230. [1955 c.193 §3;
1981 c.894 §87; 1995 c.618 §110]
     652.240
Paying wage lower than that required by statute or contract prohibited. Where any statute or contract requires an
employer to maintain the designated wage scale, it shall be unlawful to
secretly pay a lower wage while purporting to pay the wage designated by
statute or by contract. [1957 c.243 §1]
     652.250
Public employeeÂ’s wages as affected by absence to engage in search or rescue
operation. A public employee
who takes part without pay in a search or rescue operation at the request of
any law enforcement agency, the Department of Transportation, the United States
Forest Service or any local organization for civil defense, shall not forfeit
wages while engaged in an operation for a period of not more than five days for
each operation. If an operation continues for more than five days, the
employing agency may allow the employee to continue to take part in the
operation and to receive wages for as long as the employing agency considers
proper. [1959 c.46 §1]
ENFORCEMENT
OF WAGE CLAIMS
(Generally)
     652.310
Definitions of employer and employee. As used in ORS 652.310 to 652.414, unless the context requires
otherwise:
     (1) “Employer” means any person who in
this state, directly or through an agent, engages personal services of one or
more employees and includes any successor to the business of any employer, or
any lessee or purchaser of any employerÂ’s business property for the continuance
of the same business, so far as such employer has not paid employees in full. “Employer”
includes the State of
     (a) The
     (b) Trustees and assignees in bankruptcy
or insolvency, and receivers, whether appointed by federal or state courts, and
persons otherwise falling under the definition of employers so far as the times
or amounts of their payments to employees are regulated by laws of the United
States, or regulations or orders made in pursuance thereof.
     (2) “Employee” means any individual who
otherwise than as copartner of the employer or as an independent contractor
renders personal services wholly or partly in this state to an employer who
pays or agrees to pay such individual at a fixed rate, based on the time spent
in the performance of such services or on the number of operations
accomplished, or quantity produced or handled. However:
     (a) Where services are rendered by an
independent contractor, an individual shall not be an employee under this
section unless the individual is a musician or supporting technical person.
     (b) Where services are rendered only
partly in this state, an individual shall not be an employee under this section
unless the contract of employment of the employee has been entered into, or
payments thereunder are ordinarily made or to be made, within this state. [Amended
by 1963 c.348 §1; 1975 c.488 §1; 1985 c.100 §2; 2001 c.7 §1]
     652.320
Definitions for ORS 652.310 to 652.414. As used in ORS 652.310 to 652.414, unless the context requires
otherwise:
     (1) “Commissioner” means the Commissioner
of the Bureau of Labor and Industries.
     (2) “Court” means a court of competent
jurisdiction and proper venue to entertain a proceeding referred to in ORS
652.310 to 652.414.
     (3) “Demand” means a written demand for
payment made during business hours on an employer or any appropriate
representative of an employer by an employee or by some person having and
exhibiting due authority to act in said employeeÂ’s behalf.
     (4) “Pay” means to deliver or tender
compensation at a previously designated and reasonably convenient place in this
state, during working hours, in legal tender or by order or negotiable
instrument payable and paid in legal tender without discount on demand in this
state or by deposit without discount in an employeeÂ’s account in a financial
institution, as defined in ORS 706.008, in this state, provided the employee
and the employer have agreed to such deposit.
     (5) “Payment” means the delivery, tender
or deposit of compensation in the medium of payment described in subsection (4)
of this section. Such delivery, tender or deposit shall be made to or for the
account of the employee concerned or to or for the account of any person having
due authority to act in said employeeÂ’s behalf.
     (6) “Rate of payment” means the rate at
which payment is made or is to be made in the manner described in this section.
     (7) “Wage claim” means an employee’s claim
against an employer for compensation for the employeeÂ’s own personal services,
and includes any wages, compensation, damages or civil penalties provided by
law to employees in connection with a claim for unpaid wages. [Amended by 1975
c.190 §1; 1975 c.488 §2; 1979 c.695 §1; 1999 c.59 §193; 1999 c.351 §39; 2001
c.7 §2]
     652.325 [1975 c.488 §4; 1991 c.331 §94; repealed by
1999 c.69 §1]
     652.330
Powers and duties of commissioner in enforcing wage claims; parties to wage
claim action. (1) The
Commissioner of the Bureau of Labor and Industries shall enforce ORS 652.310 to
652.414 and to that end may:
     (a) Investigate and attempt equitably to
adjust controversies between employers and employees in respect of wage claims
or alleged wage claims.
     (b) Take assignments, in trust, of wage
claims or judgments thereon, liens and other instruments of security for
payment of wages from the assigning employees, spouses, parents or legal
guardians, having a right to the wages of such employees. All such assignments
shall run to the commissioner and any successors in office. The commissioner
may sue employers on wage claims and other persons or property liable for any
payment thereof thus assigned with the benefits and subject to existing laws
applying to actions by employees for collection of wages. The commissioner is
entitled to recover, in addition to costs, such sum as the court or judge may
adjudge reasonable as attorney fees at trial and on appeal. The commissioner
may join in a single proceeding and in one cause of action any number of wage
claims against the same employer. If the commissioner does not prevail in such
action, the commissioner shall pay all costs and disbursements from the Bureau
of Labor and Industries Account.
     (c) Make complaint in a criminal court for
any violation of any law providing for payment of wages and imposing a penalty
for its violation as for a crime.
     (d) In any case where a civil action may
be brought under this chapter for the collection of a wage claim, provide for
an administrative proceeding to determine the validity and enforce collection
of the claim. The administrative proceeding shall be conducted as provided in
this chapter, and is subject to the employerÂ’s right to elect a trial in a
court of law.
     (2) An assigning wage claimant shall not
be regarded as a party to any court action brought by the commissioner under
this section for any purpose. [Amended by 1957 c.465 §6; 1963 c.258 §2; 1967
c.218 §1; 1979 c.695 §2; 1981 c.897 §88]
     652.332
Administrative proceeding for wage claim collection; court enforcement and
review; rules. (1) In any
case when the Commissioner of the Bureau of Labor and Industries has received a
wage claim complaint which the commissioner could seek to collect through court
action, the commissioner may instead elect to seek collection of such claim
through administrative proceedings in the manner provided in this section,
subject to the employerÂ’s right to request a trial in a court of law. The
commissioner may join in a single administrative proceeding any number of wage
claims against the same employer. Upon making such election, the commissioner
shall serve upon the employer and the wage claimant an order of determination
directing the employer to pay to the commissioner the amount of the wage claim
and any penalty amounts under ORS 279C.855 (1), 652.150 and 653.055 (1) determined
to be owed the wage claimant. Service shall be made in the same manner as
service of summons or by certified mail, return receipt requested. The order of
determination shall include:
     (a) A reference to the particular sections
of the statutes or rules involved;
     (b) A short and concise statement of the
basis for the amounts determined to be owed to each wage claimant;
     (c) A statement of the party’s right to
request a contested case hearing and to be represented by counsel at such a
hearing, and of the employerÂ’s right to a trial in a court of law, provided
that any request for a contested case hearing or trial in a court of law must
be received by the commissioner in writing within 20 days after receipt by the
party of the order of determination;
     (d) A statement that the employer must,
within 20 days after receipt of the order of determination, either pay in full
the wage claim and any penalties assessed, or present to the commissioner a
written request for a contested case hearing or a trial in a court of law as
provided in this section;
     (e) A statement that failure to make a
written request to the commissioner for a contested case hearing or a trial of
the claim in a court of law within the time specified shall constitute a waiver
of the right thereto and a waiver of the right to a trial by jury; and
     (f) A statement that unless the written
requests provided for in subsection (1)(c) of this section are received by the
commissioner within the time specified for making such requests, the order of determination
shall become final.
     (2) Upon failure of the employer to pay
the amount specified in the order of determination or to request a trial in a
court of law within the time specified, and upon failure of any party to
request a contested case hearing within the time specified, the order of
determination shall become final.
     (3) If a party makes a timely request for
a contested case hearing, a hearing shall be held in accordance with the
applicable provisions of ORS 183.415 to 183.500 by the commissioner or the
commissionerÂ’s designee. The commissioner shall adopt rules for such hearing.
In any hearing before the commissionerÂ’s designee, the designee is authorized
to issue the final order in the case. If the employer makes a timely request
for a trial in a court of law, the commissioner may proceed against the
employer as provided in ORS 652.330 (1)(b).
     (4) Final administrative orders issued in
a wage claim proceeding are subject to review by the Court of Appeals as
provided in ORS 183.480 and 183.482.
     (5) When an order issued under this
section becomes final, it may be recorded in the County Clerk Lien Record in
any county of this state. In addition to any other remedy provided by law,
recording an order in the County Clerk Lien Record pursuant to the provisions
of this section has the effect provided for in ORS 205.125 and 205.126, and the
order may be enforced as provided in ORS 205.125 and 205.126.
     (6) Where the wage claim arose out of work
performed by the claimant for the employer on any public works project to which
ORS 279C.830 or 279C.840 applies, and a state agency holds sufficient funds as
retainage on such project to pay such claim or any portion thereof, the state
agency may, at the request of the commissioner, pay to the commissioner from
the retainage all or part of the amount due on the claim under the final order.
[1979 c.695 §4; 1981 c.594 §3; 1989 c.706 §19; 1995 c.82 §1; 1997 c.387 §6;
2003 c.794 §309]
     652.335
Liability of liquor dispenser licensee for wage claims of certain individuals. (1) A person operating a commercial
establishment where food is cooked and served who holds a full on-premises
sales license issued under ORS 471.175 is liable for all valid wage claims of
individuals employed in the kitchen facilities and dining space of such
establishment who are not employed by such person, if the wage claims cannot be
enforced against the employer of such individuals. The Commissioner of the
Bureau of Labor and Industries may in such a case proceed under ORS 652.310 to
652.414 against the person operating the establishment as if that person had
employed the individuals assigning the wage claims.
     (2) This section does not impose any
liability not otherwise imposed by law for compensation for the performance of
an individualÂ’s personal services in excess of a period of 60 days, nor does it
subject the person operating an establishment described in this section to
criminal penalties for violation of any law providing for payment of wages. [1961
c.475 §2; 1999 c.351 §40]
     652.340
Requiring bond of employer.
(1) If upon investigation by the Commissioner of the Bureau of Labor and
Industries, after taking assignments of any wage claims under ORS 652.330, it
appears to the commissioner that the employer is representing to employees that
the employer is able to pay wages for their services and that the employees are
not being paid for their services, the commissioner may require the employer to
give a bond in such sum as the commissioner deems reasonable and adequate in
the circumstances, with sufficient surety, conditioned that the employer will
for a definite future period not exceeding six months conduct business and pay
employees in accordance with the laws of Oregon.
     (2) If within 10 days after demand for
such bond the employer fails to provide the same, the commissioner may commence
a suit against the employer in the circuit court of appropriate jurisdiction to
compel the employer to furnish such bond or cease doing business until the
employer has done so. The employer shall have the burden of proving the amount
thereof to be excessive.
     (3) If the court finds that there is just
cause for requiring such bond and that the same is reasonably necessary or
appropriate to secure the prompt payment of the wages of the employees of such
employer and the employerÂ’s compliance with ORS 652.310 to 652.414, the court
shall enjoin such employer from doing business in this state until the
requirement is met, or shall make other, and may make further, orders
appropriate to compel compliance with the requirement. [Amended by 1975 c.488 §5;
1991 c.331 §95; 1997 c.631 §515; 1999 c.69 §2]
     652.350 [Repealed by 1979 c.695 §7]
     652.355
Prohibition of discrimination because of wage claim; remedy. (1) An employer may not discharge or in any
other manner discriminate against an employee because:
     (a) The employee has made a wage claim or
discussed, inquired about or consulted an attorney or agency about a wage
claim.
     (b) The employee has caused to be
instituted any proceedings under or related to ORS 652.310 to 652.414.
     (c) The employee has testified or is about
to testify in any such proceedings.
     (2) A violation of this section is an
unlawful employment practice under ORS chapter 659A. A person unlawfully
discriminated against under this section may file a complaint under ORS
659A.820 with the Commissioner of the Bureau of Labor and Industries. [1975
c.397 §2; 1980 c.1 §1; 2007 c.278 §1]
     652.360
Contract exempting employer from liability or penalty not valid; exceptions. (1) An employer may not by special contract
or any other means exempt the employer from any provision of or liability or
penalty imposed by ORS 652.310 to 652.414 or any statute relating to the
payment of wages, except insofar as the Commissioner of the Bureau of Labor and
Industries in writing approves a special contract or other arrangement between
the employer and one or more of the employerÂ’s employees. The commissioner may
not give approval unless the commissioner finds that such contract or
arrangement will not prejudicially affect the interest of the public or of the
employees involved, and the commissioner may at any time retract such approval,
first giving the employer not less than 30 daysÂ’ notice in writing.
     (2) A settlement between an employer and
an employee of a known and identified claim arising under ORS 652.310 to
652.414 or any statute relating to the payment of wages does not require the
commissionerÂ’s approval if the settlement does not provide for the employee to
relinquish a claim for additional or future violations. [Amended by 2001 c.116 §1]
     652.370
Jurisdiction of courts; proceedings in name of state. (1) Justice courts shall have concurrent
jurisdiction with circuit courts over all cases mentioned in ORS 652.330 or
652.340.
     (2) The Commissioner of the Bureau of Labor
and Industries shall prosecute all legal proceedings on the commissionerÂ’s own
official relation, but in the name of the State of
     652.380
Remedies cumulative; effect of payment or tender by employer after proceeding
commenced. (1) The remedies
provided by ORS 652.310 to 652.414 shall be additional to and not in
substitution for and in no manner impair other remedies and may be enforced
simultaneously or consecutively so far as not inconsistent with each other.
     (2) No payment or tender after the filing
of a criminal complaint or commencement of any proceeding by the Commissioner
of the Bureau of Labor and Industries shall affect the liability therein of an
employer for expenses, or prevent such employer from being subject to fine or
forfeitures, or to the giving of bond under ORS 652.340.
     652.390
Deduction of costs from wage claims; collection fees; assignment of wage
claims. (1) The Commissioner
of the Bureau of Labor and Industries may deduct and retain any moneys
collected on each wage claim as costs, attorney fees or commissionerÂ’s
penalties. The amount deducted shall be paid into the General Fund after
deducting actual costs and disbursements incurred in the prosecution thereof.
     (2) The commissioner may charge a claimant
on a wage claim for which the commissioner has obtained a judgment the actual
collection fees charged to the Bureau of Labor and Industries by any other
governmental agency assisting in the collection of the judgment.
     (3) The commissioner is authorized to
assign wage claim judgments and orders issued pursuant to ORS 652.332 for
collection or to obtain assistance in collection of such judgments and orders
and may deduct and pay out from any moneys so collected a collection fee. [Amended
by 1957 c.465 §7; 1967 c.218 §2; 1983 c.427 §1; 1995 c.82 §2; 2003 c.14 §394]
     652.400
Deposit of moneys in Wage Collection Account; payment to persons entitled
thereto. Subject to ORS
652.390, all moneys collected on judgments pursuant to ORS 652.330, or as a
result of administrative proceedings pursuant to ORS 652.332, including fines,
shall be paid to the Commissioner of the Bureau of Labor and Industries and,
together with all other sums collected under ORS 652.310 to 652.414, be
deposited in the State Treasury to become part of a special trust account to be
known as the Wage Collection Account, which account is established in the State
Treasury, separate and distinct from the General Fund. Interest earned by the
account shall be credited to the account. All moneys in the Wage Collection Account
are appropriated continuously for the purpose of payment to the persons
entitled thereto. [Amended by 1957 c.465 §8; 1979 c.695 §5; 1989 c.966 §65]
     652.405
Disposition of wages collected by commissioner when payment cannot be made to
person entitled thereto. (1)
The Commissioner of the Bureau of Labor and Industries shall attempt for a
period of not less than seven years to make payment of wages collected under
ORS 652.310 to 652.414 to the person entitled thereto.
     (2) Wages collected by the commissioner
under ORS 652.310 to 652.414 and remaining unclaimed for a period of more than
seven years from the date of collection shall, within 30 days after June 30 of
each year, be forfeited to the state and shall be paid by the commissioner to
the Department of State Lands for the benefit of the Common School Fund of this
state. The department shall issue a receipt for the money to the commissioner.
The person entitled to the wages or the personÂ’s heirs or personal
representatives may reclaim the wages paid into the Common School Fund pursuant
to this section within the time and in the manner provided for estates which
have escheated to the state. [1957 c.465 §15]
(Wage
Security Fund)
     652.409
Wage Security Fund; use. (1)
The Wage Security Fund is established separate and distinct from the General
Fund. After deduction of the amounts provided in ORS 657.439 (2)(a), all moneys
received by the Employment Department pursuant to ORS 657.439 (2)(a) shall be
paid into the State Treasury and credited to the Wage Security Fund. All income
earned on moneys in the Wage Security Fund invested by the State Treasurer
shall accrue to the fund.
     (2) All income earned on moneys in the
Wage Security Fund, and all other moneys in the fund, are appropriated
continuously to the Commissioner of the Bureau of Labor and Industries to carry
out the provisions of ORS 652.414. [1985 c.409 §4; 1987 c.412 §3; 1989 c.248 §1;
1989 c.554 §2; 2005 c.183 §9]
     652.410 [Repealed by 1977 c.618 §2]
     652.414
Procedure for payment from fund; lien against personal property of employer;
penalties; rules.
Notwithstanding any other provision of law:
     (1) When an employee files a wage claim
under this chapter for wages earned and unpaid, and the Commissioner of the
Bureau of Labor and Industries determines that the employer against whom the
claim was filed has ceased doing business and is without sufficient assets to
pay the wage claim and the wage claim cannot otherwise be fully and promptly
paid, the commissioner, after determining that the claim is valid, shall pay
the claimant, to the extent provided in subsection (2) of this section:
     (a) The unpaid amount of wages earned
within 60 days before the date of the cessation of business; or
     (b) If the claimant filed a wage claim
before the cessation of business, the unpaid amount of wages earned within 60
days before the last day the claimant was employed.
     (2) The commissioner shall pay the unpaid
amount of wages earned as provided in subsection (1) of this section only to
the extent of $4,000 from such funds as may be available pursuant to ORS
652.409 (2).
     (3) The commissioner may commence an
appropriate action, suit or proceeding to recover from the employer, or other
persons or property liable for the unpaid wages, amounts paid from the Wage
Security Fund under subsection (1) of this section. In addition to costs and
disbursements, the commissioner is entitled to recover reasonable attorney fees
at trial and on appeal, together with a penalty of 25 percent of the amount of
wages paid from the Wage Security Fund or $200, whichever amount is the
greater. All amounts recovered by the commissioner under this subsection and
subsection (4) of this section are appropriated continuously to the
commissioner to carry out the provisions of this section.
     (4) The commissioner has a lien on the
personal property of the employer for the benefit of the fund when the claim is
paid under subsection (1) of this section for the amount so paid and the
penalty referred to in subsection (3) of this section. The commissioner may
cause to be filed a verified written notice of claim of lien with the recording
officer of the county in which the employer has its principal place of business
no later than 30 days after the date the claim was paid under subsection (1) of
this section. The notice of claim of lien shall contain:
     (a) A true statement of the sums paid to
wage claimants and the amount of the penalty provided for in subsection (3) of
this section;
     (b) The name of the owner of the personal
property to be charged with the lien;
     (c) A description of the personal property
to be charged with the lien sufficient for identification. If a lien is being
claimed against all personal property of the employer, the description is
sufficient if it states that all personal property of the employer is covered;
and
     (d) The date the wage claim was paid.
     (5) Liens created by subsection (4) of
this section shall be recorded in the same manner as provided for in ORS 87.246
and may be foreclosed in the manner provided for in ORS 87.262.
     (6) Liens created by subsection (4) of
this section shall have priority over any other liens or security interests
perfected after the date the notice of claim is filed with the county recording
officer under subsections (4) and (5) of this section.
     (7) The commissioner shall promulgate
rules to carry out the provisions of this section that include, but are not
limited to, prescribing procedures for a timely and cost efficient method for
the payment of wage claims from the Wage Security Fund and procedures for
prorating wage claims if insufficient funds are available for payment.
     (8) Nothing in this section is intended to
require the commissioner to pay wage claims for which moneys are not available
under ORS 652.409 (2). [1985 c.409 §7; 1987 c.412 §1; 1989 c.554 §3; 1999 c.374
§1]
(Reciprocal
Enforcement of Wage Claims)
     652.420
Definitions for ORS 652.420 to 652.445. (1) As used in ORS 652.420 to 652.445:
     (a) “Commissioner” means the Commissioner
of the Bureau of Labor and Industries.
     (b) “Labor bureau” includes any agency,
bureau, commission, board or officer in another state that performs functions
substantially corresponding to those of the Commissioner of the Bureau of Labor
and Industries.
     (2) The definitions of ORS 652.310 and
652.320 shall apply to ORS 652.420 to 652.445, but nothing contained in those
sections shall be construed to preclude reciprocal enforcement of wage claims
under ORS 652.420 to 652.445, when the services of the employee were rendered
in another state. [1953 c.256 §1; 1987 c.158 §125; 2007 c.71 §205]
     652.425
Authority of commissioner to enter into agreements with other states for
reciprocal enforcement of wage claims. The Commissioner of the Bureau of Labor and Industries may enter into
agreements with the corresponding labor bureau of another state for the
reciprocal enforcement and collection of wage claims, if the other state has a
reciprocal statute similar to ORS 652.420 to 652.445 or otherwise authorizes
the reciprocal enforcement and collection of wage claims in a manner substantially
similar to ORS 652.420 to 652.445. [1953 c.256 §2]
     652.430
Assigning wage claim to labor bureau of another state. Whenever a wage claim is assigned to the
Commissioner of the Bureau of Labor and Industries in trust pursuant to ORS
652.330 and the employer or former employer upon whom demand for payment is
made by an employee in this state has removed to another state, the
commissioner may reassign the wage claim, with the approval of the employee, to
the labor bureau of the other state, if there is in effect at the time a valid
reciprocal agreement under ORS 652.425 between the commissioner and the other
state. [1953 c.256 §3]
     652.435
Accepting assignments of wage claims from labor bureau of another state. Whenever a labor bureau in another state,
which has entered into a reciprocal agreement under ORS 652.425 with the
Commissioner of the Bureau of Labor and Industries and the agreement is in
effect at the time, takes an assignment of a wage claim from an employee
residing in the other state for services rendered in the other state to an
employer or former employer who has removed to Oregon, the Commissioner of the
Bureau of Labor and Industries may take an assignment of the wage claim from
such labor bureau and enforce the collection thereof as provided in the
applicable provisions of ORS 652.310 to 652.414. [1953 c.256 §4; 2003 c.14 §395]
     652.440
Retention by commissioner or labor bureau of percentage of funds collected. Any agreement concluded by the Commissioner
of the Bureau of Labor and Industries shall make provision for the transfer of
funds collected pursuant to ORS 652.420 to 652.445 and for retention by the
commissioner or the labor bureau in the other state of percentile amounts from
the sums collected to defray the administrative costs of ORS 652.420 to
652.445. Amounts authorized pursuant to this section to be used to defray the
administrative costs of ORS 652.420 to 652.445 shall be credited to the Bureau
of Labor and Industries Account and shall be used only for the administration
of ORS 652.420 to 652.445. [1953 c.256 §5; 1957 c.465 §9]
     652.445
Deposit of moneys in Wage Collection Account. Except as provided in ORS 652.440, all moneys collected pursuant to
ORS 652.420 to 652.445, including fines and costs, shall be paid to the
Commissioner of the Bureau of Labor and Industries and be deposited in the
State Treasury in the Wage Collection Account established by ORS 652.400. [1953
c.256 §6; 1957 c.465 §10]
PRIORITY OF
WAGE CLAIMS
     652.500
Receiver to pay accrued wages; payment of employees; receiverÂ’s certificates. Whenever the business or property of any
person, company or corporation in this state shall be placed by any court in
this state in the hands of a receiver, whether upon foreclosure or creditorÂ’s
bill, the receiver shall report immediately to the court appointing the
receiver the amount due by the person, company or corporation, at the date of
the receiverÂ’s appointment, to employees and laborers of the person, company or
corporation. The court shall order the receiver to pay out of the first
receipts and earnings of such person, company or corporation, after paying
current operating expenses under the administration of the receiver, the wages
of all employees and laborers that had accrued within six months prior to the
appointment of the receiver. The court also shall order the receiver to pay the
wages of all employees and laborers employed by the receiver, at least once
every 30 days, out of the first receipts and earnings of the person, company or
corporation while under the management of the receiver. However, should the
receiver not take in sufficient money from receipts and earnings to pay the
employees and laborers at least once every 30 days, the receiver shall issue
and deliver to each of the employees and laborers, upon demand, a receiverÂ’s
certificate, showing the amount due the employee or laborer in money, which
certificate will draw interest at the rate of eight percent per annum from the
date of issuance until paid. The receiver shall thereafter pay such certificates,
in the order of their issuance, out of the first money coming into the receiverÂ’s
hands from the receipts and earnings of the properties under the charge of the
receiver. [Formerly 31.050; 2003 c.14 §396]
     Note: 652.500 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 652 or
any series therein by legislative action. See the Preface to Oregon Revised
Statutes for further explanation.
     652.510
Payment of wage claims by receivers, assignees or court; filing statement of
wages due. (1) When the
property of any company, cooperative association, corporation, firm or person
is seized upon by any process of any court of this state, or when the business
or property is placed in the hands of a receiver, or whenever any assignment
for the benefit of creditors under the laws of this state is made, then in all
such cases the debts owing to laborers or employees, which have accrued by
reason of their labor or employment to an amount not exceeding $2,000 to each
employee for work or labor performed within 90 days next preceding the seizure
or transfer or assignment of such property, or appointment of said receiver
shall be considered and treated as preferred debts, and such laborers or
employees shall be preferred creditors, and shall first be paid in full, and if
there is not sufficient to pay them in full, their claims shall be paid pro
rata, after paying costs.
     (2) Any such laborer or employee desiring
to enforce the claim of the laborer or employee for wages under ORS 652.510 to
652.570 shall present a statement under oath showing the amount due after
allowing all just credits and setoffs, the kind of work for which said wages
are due and when performed, to the officer or person charged with the execution
of said process, within 30 days after the seizure thereof on any execution or
writ of attachment, or to such receiver or assignee within 45 days after the
same may have been placed in the hands of any such assignee or receiver. [Amended
by 1977 c.288 §1; 1981 c.594 §4; 1987 c.412 §2; 2003 c.14 §397]
     652.520
Form of statement of wage claim. The statement to be presented under ORS 652.510 shall be substantially
in the following form:
______________________________________________________________________________
State of
                                  )          ss.
     I, _____, being first duly sworn, say that
_____ is
indebted to me in
the sum of ___ dollars over and above all just credits and setoffs, on account
of work, services and labor performed by me for the said _____, upon the
following terms and conditions, to wit: That I was employed by the said _____
on or about the ___ day of_____, 2__, to work (here describe character of work)
at the rate of ___ dollars per month (or for a reasonable consideration for such
work), and that under said contract I began to work on the ___ day of _____, 2__,
and between that day and the ___ day of ______, 2__, I performed work, services
and labor ___ days, amounting to the sum of ___ dollars (or the reasonable
value of ___ dollars); that the said _____ has paid me on account of the
said labor the sum of ___ dollars, and no more; and that there is now due
me, the sum of ___ dollars, over and above all just credits and offsets; and
that during the 90 days next preceding the ___ day of _____, 2__, I had
performed ___ daysÂ’ labor under said contract, amounting to the sum of ___
dollars (or that said services were reasonably worth the sum of ___ dollars);
and that, applying all the credits above stated, there is due me from the said ______,
on account of labor for the said 90 days, the sum of ___ dollars, and no more;
claim as due me.
     Subscribed and sworn to before me this ___
day of _____, 2__.
______________________________________________________________________________
     652.530
Serving copy of statement; report to court; order of payment. (1) The person claiming the benefit of ORS
652.510 to 652.570 shall serve upon the debtor, or upon the officer, assignee
or receiver for the debtor where personal service cannot be had, a copy of the
verified claim. Thereafter the person receiving such statement shall report the
amount of such claim to the court having jurisdiction of such officer, receiver
or assignee, together with a statement of all costs occasioned by the seizure
of said property or of such receivership or assignment.
     (2) The court shall order such claims to
be paid after payment of the costs and expenses of such seizure and sale, and
the costs and disbursements which have accrued before the filing of the notice
under ORS 652.510 and of assignment or receivership, out of the proceeds of the
sale of the property so seized, assigned, or placed in the hands of an assignee
or receiver.
     652.540
Exception to claim; legal action on claim. (1) Any person interested may contest all or any part of a claim
mentioned in ORS 652.530, by filing in said court exceptions thereto, supported
by affidavit, within 10 days from the filing of the report provided in ORS
652.530. Thereupon the claimant shall be required to establish the claim, by judgment
in such court, before any part thereof shall be paid.
     (2) When any claim is excepted to as
provided in this section, the person desiring to establish the same shall file
in said court, within 30 days after the claim is excepted to, a verified complaint
as in an action at law and serve it upon the person excepting, or the personÂ’s
attorney of record, and upon the principal debtor for the claim, or the
principal debtorÂ’s attorney of record.
     (3) Thereafter the cause shall proceed to
final judgment between the parties as an action at law.
     652.550
Payment of claims prerequisite to discharge of attachment or execution,
assignee or receiver, or to abandonment of seizure or sale. No attachment or execution shall be
discharged nor shall the seizure or sale of property seized be abandoned, or
assignee or receiver discharged, until every claimant presenting a claim under
ORS 652.510 to 652.570 has been paid in full, or pro rata, as provided in ORS
652.510, or has consented to such discharge or abandonment.
     652.560
Costs and attorney fees.
Whenever any claim has been excepted to under ORS 652.540 and the claim is
established by judgment and the court rendering the judgment is satisfied that
the exceptions were made without probable cause or that the person so excepting
could have ascertained with reasonable diligence that such claim was true and
just, the claimant in such action shall be entitled to have the costs of such
action, and such sum as the court may adjudge reasonable as attorney fees at
trial and on appeal, enforced by execution against the person objecting as a
judgment debtor in the first instance. However, if the court does not so find,
or if execution, when issued, is returned nulla bona, then in either case such
costs and attorney fees shall be ordered paid out of the proceeds of the
property sold next after the payment of all claims presented under ORS 652.510
to 652.570. [Amended by 1981 c.897 §89]
     652.570
Priority of wage claims over transfers in payment of preexisting obligations;
payment and subrogation of transferee. (1) Every sale or transfer of any property in payment of any
preexisting debt, or obligation, and every mortgage or lien created or executed
to secure the payment of a preexisting debt, shall be void as against laborers
or employees of such vendor, mortgagor, or other lien debtor, to the extent of
their claims for wages, in the amount of $2,000, or 30 days of wages, whichever
amount is the greater, to each of said laborers which may be owing for work or
labor performed within 90 days next preceding such sale and transfer or the
execution of such lien or mortgage, if the laborer or employee claiming the
benefit of this section:
     (a) Within 10 days after the actual
delivery of the property or within 30 days after the recording of any such
deed, transfer, mortgage or lien, gives such owner or holder of such lien or
such vendee notice of the claim of the laborer or employee substantially in the
form and verified as provided in ORS 652.520, which notice shall be served by
delivering it or a copy thereof to such owner or holder of such lien or such
vendee in person or, in case the owner, holder or vendee cannot be found within
the county in which such lien or deed may be of record after diligent inquiry,
by delivering the notice or a copy thereof to the clerk of the county court for
such owner or holder of such lien or such vendee; and
     (b) Within 30 days after the notice of
claim is served commences court action to pursue the claim.
     (2) The vendee or mortgage or lienholder,
or an assignee, may pay such claim and thereby be subrogated to the rights and
lien of such laborer or employee, as against the vendor, principal debtor or
mortgagor, and as against subsequent mortgagees or other subsequent lien
creditors.
     (3) This section does not apply to any
mortgage or lien given in renewal of a preexisting mortgage or lien. [Amended
by 1977 c.288 §2; 1989 c.651 §1]
     652.580 [Repealed by 1981 c.898 §53]
STATEMENTS
RELATING TO EMPLOYEEÂ’S SALARY AND DEDUCTIONS THEREFROM
(Generally)
     652.610
Itemized statement of amounts and purposes of deductions; timely payment to
recipient of amounts deducted.
(1) All persons, firms, partnerships, associations, cooperative associations,
corporations, municipal corporations, the state and its political subdivisions,
except the federal government and its agencies, employing, in this state,
during any calendar month one or more persons, and withholding for any purpose
any sum of money from the wages, salary or commission earned by an employee,
shall provide the employee on regular paydays with a statement sufficiently
itemized to show the amount and purpose of the deductions made during the
respective period of service that the payment covers.
     (2) The itemized statement shall be
furnished to the employee at the time payment of wages, salary or commission is
made, and may be attached to or be a part of the check, draft, voucher or other
instrument by which payment is made, or may be delivered separately from the
instrument.
     (3) An employer may not withhold, deduct or
divert any portion of an employeeÂ’s wages unless:
     (a) The employer is required to do so by
law;
     (b) The deductions are authorized in
writing by the employee, are for the employeeÂ’s benefit and are recorded in the
employerÂ’s books;
     (c) The employee has voluntarily signed an
authorization for a deduction for any other item, provided that the ultimate
recipient of the money withheld is not the employer and that the deduction is
recorded in the employerÂ’s books;
     (d) The deduction is authorized by a
collective bargaining agreement to which the employer is a party;
     (e) The deduction is authorized under ORS
18.736; or
     (f) The deduction is made from the payment
of wages upon termination of employment and is authorized pursuant to a written
agreement between the employee and employer for the repayment of a loan made to
the employee by the employer, if all of the following conditions are met:
     (A) The employee has voluntarily signed
the agreement;
     (B) The loan was paid to the employee in
cash or other medium permitted by ORS 652.110;
     (C) The loan was made solely for the
employeeÂ’s benefit and was not used, either directly or indirectly, for any
purpose required by the employer or connected with the employeeÂ’s employment
with the employer;
     (D) The amount of the deduction at
termination of employment does not exceed the amount permitted to be garnished
under ORS 18.385; and
     (E) The deduction is recorded in the
employerÂ’s books.
     (4) When an employer deducts an amount
from an employeeÂ’s wages as required or authorized by law or agreement, the
employer shall pay the amount deducted to the appropriate recipient as required
by the law or agreement. The employer shall pay the amount deducted within the
time required by the law or the agreement or, if the time for payment is not
specified by the law or agreement, within seven days after the date the wages
from which the deductions are made are due. Failure to pay the amount as
required constitutes an unlawful deduction.
     (5) This section does not:
     (a) Prohibit the withholding of amounts
authorized in writing by the employee to be contributed by the employee to
charitable organizations, including contributions made pursuant to ORS 243.666
and 663.110;
     (b) Prohibit deductions by check-off dues
to labor organizations or service fees when the deductions are not otherwise
prohibited by law; or
     (c) Diminish or enlarge the right of any
person to assert and enforce a lawful setoff or counterclaim or to attach,
take, reach or apply an employeeÂ’s compensation on due legal process. [Amended
by 1977 c.618 §1; 1980 s.s. c.1 §2; 1981 c.594 §5; 1995 c.753 §2; 2001 c.249 §78;
2003 c.779 §5; 2007 c.676 §1]
     652.615
Remedy for violation of ORS 652.610. There is hereby created a private cause of action for a violation of
ORS 652.610 (3) for actual damages or $200, whichever is greater. In any such
action the court may award to the prevailing party, in addition to costs and
disbursements, reasonable attorney fees. [1981 c.594 §7]
     652.620
Statement of yearly compensation on request of employee. All persons, firms, partnerships,
associations, cooperative associations, corporations, municipal corporations,
the state and its political subdivisions thereof, except the federal government
and its agencies employing, in this state, five or more persons, during any
calendar month, upon the request of any employee or former employee, and upon
five daysÂ’ notice to said employer shall give to such employee, not later than
March 10 of each year, a statement showing the total compensation paid by such employer
to such employee, or former employee, during the previous calendar year.
(Agricultural
Workers)
     652.630
Definitions for ORS 652.630 to 652.640. As used in ORS 652.630 to 652.640, unless the context requires
otherwise:
     (1) “Bonus” means an increase in the
agreed rate of compensation based on the amount of time worked during a
perishable agricultural product season or based on the amount of a perishable
agricultural product that is harvested.
     (2) “Labor contractor” means a farm labor
contractor as defined in ORS 658.405.
     (3) “Producer” means a person who raises
perishable agricultural products. [1969 c.572 §1]
     Note: 652.630 to 652.640 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
652 by legislative action. See the Preface to Oregon Revised Statutes for
further explanation.
     652.635
Producers to post certain terms of employment. Every producer, or agent of the producer,
who employs a labor contractor to provide a working crew for harvesting
perishable agricultural products or who offers a bonus to those persons who
harvest perishable agricultural products shall cause to be conspicuously posted
and maintained on the premises where the agricultural products are to be
harvested a notice that states:
     (1) A description of the terms and
conditions of any bonus offered, including the manner of determining when the
bonus is earned.
     (2) That portion of the labor contractor’s
compensation that is based on the amount of work done by each employee of the
labor contractor. [1969 c.572 §2]
     Note: See note under 652.630.
     652.640
Itemized statement of compensation and deductions required. Each time a person who harvests perishable
agricultural products receives compensation payments at a regular pay period or
upon termination of employment, the producer, or agent of the producer, or, if
the person is an employee of a labor contractor, the labor contractor shall
furnish to such person a written statement itemizing the total payment and each
deduction therefrom. [1969 c.572 §3]
     Note: See note under 652.630.
FEES OR DEDUCTIONS
FOR MEDICAL CARE
     652.710
Fees collected by employer for medical care contracts are trust funds; priority
on liquidation; civil penalty; rules. (1) All moneys collected by an employer from employees or retained
from their wages for the purpose of providing for or furnishing to such
employees medical and surgical attention, hospital care, X-rays, ambulance,
nursing or any related service or care contingent upon sickness or injury pursuant
to a contract are trust funds and shall be placed and kept in separate accounts
by the employer and shall promptly be paid over to the contractor. Such funds
shall in no event become a part of the assets of the employer.
     (2) If the employer fails to place and
keep such funds in separate accounts and pay them over to the contractor or if
the funds become commingled with the funds of the employer and the employer
becomes bankrupt, insolvent or goes through voluntary or involuntary
liquidation, or if a receiver is appointed to operate or liquidate the affairs
of the employer, the funds not paid to the contractor shall be entitled to the
same preference as given to claims of the State Accident Insurance Fund
Corporation, as provided in ORS 656.562.
     (3) On and after July 1, 1992, when an
employer that is a group health insurance policyholder subject to the
provisions of ORS 743.560 receives notice that the group health insurance
policy is terminated by the insurer and the employer does not replace coverage
with any other group health insurance policy, the employer shall notify all
employees who were covered under the terminated group policy. The employerÂ’s
notification to the employees shall:
     (a) Explain the employee’s rights
regarding continuation or conversion of coverage under state and federal law;
and
     (b) Be delivered to each employee in
person or to the employeeÂ’s home address as recorded in the employerÂ’s records
not later than 10 working days after the receipt of notice from the insurer
pursuant to ORS 743.560 (3) to (5).
     (4) In addition to any other penalty
provided by law, the Commissioner of the Bureau of Labor and Industries may
assess a civil penalty not to exceed $1,000 for each violation of subsection
(1) or (3) of this section.
     (5) Civil penalties under this section
shall be imposed as provided in ORS 183.745.
     (6) All sums collected as penalties
pursuant to this section shall be first applied toward reimbursement of the
costs incurred in determining the violations, conducting hearings under this
section and assessing and collecting such penalties. The remainder, if any, of
the sums collected as penalties pursuant to this section shall be paid over by
the commissioner to the Department of State Lands for the benefit of the Common
School Fund of this state. The department shall issue a receipt for the money
to the commissioner.
     (7) The Commissioner of the Bureau of
Labor and Industries may adopt rules reasonably necessary for the
administration of this section. [Formerly 655.130; 1991 c.673 §1; 1991 c.734 §114;
2001 c.943 §15]
     652.720
Prohibited use by employer of fees for medical care contracts withheld from
employee wages. (1) No
employer shall retain, directly or indirectly, from employees or from their
wages any part of the money collected or retained under ORS 652.710 for use or
benefit of the employer.
     (2) No employer shall apply, directly or
indirectly, any portion of the money so collected to the employerÂ’s cost of
compensation or to the cost of any medical, surgical or hospital care and
attention for employees on account of injuries sustained by them in the course
of their employment. [Formerly 655.110]
PERSONNEL RECORDS
     652.750
Inspection of records by employee; furnishing copy to employee; disposition of
record on termination of employment; charge for copies. (1) As used in this section:
     (a) “Employer” has the meaning given that
term in ORS 656.005.
     (b) “Personnel records” does not include
records of an individual relating to the conviction, arrest or investigation of
conduct constituting a violation of the criminal laws of this state or another
state or the United States, confidential reports from previous employers or
records maintained in compliance with ORS 351.065.
     (2) Within 45 days after receipt of the
request of an employee, the employer shall provide reasonable opportunity for
the employee to inspect, at the place of employment or place of work
assignment, the personnel records of the employee that are used or have been
used to determine the employeeÂ’s qualification for employment, promotion,
additional compensation or employment termination or other disciplinary action.
Within 45 days after receipt of the request of the employee, the employer shall
furnish a certified copy of the records.
     (3) Upon termination of employment, the
employer shall keep the terminated employeeÂ’s personnel records for not less
than 60 days. The terminated employee may request a certified copy of the
records within the 60-day period or at any time thereafter if the employer has
the records at the time of the request. Within 45 days after receipt of the
request, the employer shall furnish a certified copy of the records.
     (4) Notwithstanding the time periods
described in subsections (2) and (3) of this section, if the employeeÂ’s
personnel records are not readily available, the employer and the employee may
agree to extend the time within which the employer must provide the employee
reasonable opportunity to inspect the records or furnish the employee a
certified copy of the records.
     (5) An employer may charge an employee for
the services referred to in subsections (2) and (3) of this section only an
amount that is reasonably calculated to recover the actual cost of providing
the services. [1977 c.861 §2; 1985 c.404 §6; 2007 c.276 §1]
PENALTIES
     652.900
Civil penalties. (1) In
addition to any other penalty provided by law, the Commissioner of the Bureau
of Labor and Industries may assess a civil penalty not to exceed $1,000 against
any person who violates ORS 652.020, 652.110, 652.140, 652.145, 652.610 (4) or
652.750 or any rule adopted under those statutes.
     (2) Civil penalties under this section
shall be imposed as provided in ORS 183.745.
     (3) All sums collected as penalties under
this section shall be first applied toward reimbursement of costs incurred in
determining the violations, conducting hearings under this section and
addressing and collecting the penalties. The remainder, if any, of the sums
collected as penalties under this section shall be paid into the State Treasury
and credited to the General Fund and is available for general governmental
expenses. [1989 c.852 §3; 1991 c.734 §59; 2001 c.690 §2; 2007 c.276 §2; 2007
c.546 §3; 2007 c.676 §2]
     652.990
Criminal penalties. (1)
Violation of ORS 652.020 (2) is a Class A violation. Every dayÂ’s violation is
deemed a separate offense.
     (2) Any person, body corporate, general
manager or employer who violates ORS 652.040 or causes ORS 652.040 to be
violated is punishable, upon conviction, by a fine of not less than $50, nor
more than $300, or by imprisonment in the county jail for not less than 30
days, nor more than three months, or both.
     (3) Violation of ORS 652.110 or 652.120 is
a Class A violation.
     (4) Violation of ORS 652.130 by any
employer is punishable, upon conviction, by a fine of not more than $500 or by
imprisonment in the county jail for not more than 60 days, or by both. Justice
courts and circuit courts shall have concurrent jurisdiction in all cases
arising under this subsection.
     (5) In addition to the civil damages
recoverable under ORS 652.230, violation of ORS 652.210 to 652.230 is a
misdemeanor.
     (6) The violation of ORS 652.240 is a
misdemeanor.
     (7) Violation of ORS 652.355 is a Class C
misdemeanor.
     (8) Violation of ORS 652.610 or 652.620 is
a Class D violation.
     (9) Willful violation of ORS 652.635 or
652.640 by a producer or agent of the producer is a misdemeanor.
     (10) Violation of any of the provisions of
ORS 652.710 or 652.720 by any employer is a Class A violation. [Subsection (5)
enacted as 1955 c.193 §4; subsection (6) enacted as 1957 c.243 §2; subsection
(9) formerly 655.990; subsection (8) enacted as 1969 c.572 §4; 1975 c.397 §5;
1999 c.1051 §215]
_______________
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