ORS § 659a.199 — OR Code / Title 51 / Chapter 659a / Section 659a.199
659A.199 Prohibited conduct by employer
Status: in_force

"Any employee, OHCS-DRR consultant or subrecipient who has knowledge of fraud, waste or abuse, or who has good reason to suspect that such conduct has occurred are required to report their concerns." Bibliographic info

"Oregon laws protect you from being discriminated against at work. That means you can’t be fired or demoted, paid less, or otherwise treated differently because of certain characteristics about you." Bibliographic info

(1) It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment for the reason that the employee has in good faith reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation.

(2) The remedies provided by this chapter are in addition to any common law remedy or other remedy that may be available to an employee for the conduct constituting a violation of this section. [2009 c.524 §2]

Source: Section 659A.199 — Prohibited conduct by employer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 656.054 — OR Code / Title 51 / Chapter 656 / Section 656.054
656.054 Claim of injured worker of noncomplying employer
Status: in_force

(1) A compensable injury to a subject worker while in the employ of a noncomplying employer is compensable to the same extent as if the employer had complied with this chapter. The Director of the Department of Consumer and Business Services shall refer the claim for such an injury to an assigned claims agent within 60 days of the date the director has notice of the claim. At the time of referral of the claim, the director shall notify the employer in writing regarding the referral of the claim and the employer’s right to object to the claim. A claim for compensation made by such a worker shall be processed by the assigned claims agent in the same manner as a claim made by a worker employed by a carrier-insured employer, except that the time within which the first installment of compensation is to be paid, pursuant to ORS 656.262 (Processing of claims and payment of compensation) (4), shall not begin to run until the director has referred the claim to the assigned claims agent. At any time within which the claim may be accepted or denied as provided in ORS 656.262 (Processing of claims and payment of compensation) , the employer may request a hearing to object to the claim. If an order becomes final holding the claim to be compensable, the employer is liable for all costs imposed by this chapter, including reasonable attorney fees to be paid to the worker’s attorney for services rendered in connection with the employer’s objection to the claim.

(2) In addition to, and not in lieu of, any civil penalties assessed pursuant to ORS 656.735 (Civil penalty for noncomplying employers) , all costs to the Workers’ Benefit Fund incurred under subsection (1) of this section shall be a liability of the noncomplying employer. Such costs include compensation, disputed claim settlements pursuant to ORS 656.289 (Orders of Administrative Law Judge) and claim disposition agreements pursuant to ORS 656.236 (Compromise and release of claim matters except for medical benefits) , whether or not the noncomplying employer agrees and executes such documents, reasonable administrative costs and claims processing costs provided by contract, attorney fees related to compensability issues and any attorney fees awarded to the claimant, but do not include assessments for reserves in the Workers’ Benefit Fund. The director shall recover such costs from the employer. The director periodically shall pay the assigned claims agent from the Workers’ Benefit Fund for any costs the assigned claims agent incurs under this section in accordance with the terms of the contract. When the director prevails in any action brought pursuant to this subsection, the director is entitled to recover from the noncomplying employer court costs and attorney fees incurred by the director.

(3) Periodically, or upon the request of a noncomplying employer in a particular claim, the director shall audit the files of the State Accident Insurance Fund Corporation and any assigned claims agents to validate the amount reimbursed pursuant to subsection (2) of this section. The conditions for granting or denying of reimbursement shall be specified in the contract with the assigned claims agent. The contract at least shall provide for denial of reimbursement if, upon such audit, any of the following are found to apply:

(a) Compensation has been paid as a result of untimely, inaccurate, or improper claims processing;

(b) Compensation has been paid negligently for treatment of any condition unrelated to the compensable condition;

(c) The compensability of an accepted claim is questionable and the rationale for acceptance has not been reasonably documented in accordance with generally accepted claims management procedures;

(d) The separate payments of compensation have not been documented in accordance with generally accepted accounting procedures; or

(e) The payments were made pursuant to a disposition agreement as provided by ORS 656.236 (Compromise and release of claim matters except for medical benefits) without the prior approval of the director.

(4) The State Accident Insurance Fund Corporation and any assigned claims agent may request review under ORS 656.704 (Actions and orders regarding matters concerning claim and matters other than matters concerning claim) of any disapproval of reimbursement made by the director under this section.

(5) Claims of injured workers of noncomplying employers may be assigned and reassigned by the director for claims processing regardless of the date of the worker’s injury.

(6) In selecting an assigned claims agent, the director must consider the assigned claims agent’s ability to deliver timely and appropriate benefits to injured workers, the ability to control both claims cost and administrative cost and such other factors as the director considers appropriate.

(7) If no qualified entity agrees to be an assigned claims agent, the director may require one or more of the three highest premium producing insurers to be assigned claims agents. Notwithstanding any other provision of law, the director’s selection of assigned claims agents shall be made at the sole discretion of the director. Such selections shall not be subject to review by any court or other administrative body.

(8) Any assigned claims agent, except the State Accident Insurance Fund Corporation, may employ legal counsel of its choice for representation under this section.

(9) As used in this section, “assigned claims agent” means an insurer, casualty adjuster or a third party administrator with whom the director contracts to manage claims of injured workers of noncomplying employers. [Amended by 1959 c.448 §9; 1965 c.285 §15; 1967 c.341 §5; 1971 c.72 §1; 1973 c.447 §2; 1979 c.839 §2; 1981 c.854 §8; 1983 c.816 §2; 1987 c.234 §2; 1987 c.250 §3; 1991 c.679 §1; 1995 c.332 §7; 1995 c.641 §17; 1999 c.1020 §1; 2003 c.14 §399; 2003 c.170 §1; 2005 c.26 §1]

Source: Section 656.054 — Claim of injured worker of noncomplying employer; procedure for disputing acceptance of claim; recovery of costs from noncomplying employer; restrictions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 652.414 — OR Code / Title 51 / Chapter 652 / Section 652.414
652.414 Procedure for payment from fund
Status: in_force

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:

(a) 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; or

(b) Obtains a judgment or issues a final order, including an order of determination that has become final, under ORS 652.332 (Administrative proceeding for wage claim collection) on the wage claim, the commissioner shall pay the claimant, to the extent provided in subsection (2) of this section, the amount of wages due pursuant to the judgment or the final order.

(2) The commissioner shall pay the unpaid amount of wages earned as provided in subsection (1) of this section only to the extent of $10,000 from such funds as may be available pursuant to ORS 652.409 (Wage Security Fund) (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 (Recording) and may be foreclosed in the manner provided for in ORS 87.262 (Foreclosure) .

(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 (Wage Security Fund) (2). [1985 c.409 §7; 1987 c.412 §1; 1989 c.554 §3; 1999 c.374 §1; 2019 c.444 §4; 2021 c.363 §1]

Source: Section 652.414 — Procedure for payment from fund; lien against personal property of employer; penalties; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 660.390 — OR Code / Title 51 / Chapter 660 / Section 660.390
660.390 Grant program for development of post-secondary career pathway programs
Status: in_force

(1) As used in this section:

(a) “Community-based organization” includes:

(A) Nonprofit organizations that are representative of a particular community or specific segments of a community and that are located within or in close proximity to the community served by the organization; and

(B) Culturally specific organizations.

(b) “Community college” has the meaning given that term in ORS 341.005 (Definitions) .

(c) “Culturally specific organization” means an organization that serves a particular cultural community, that is primarily staffed and led by members of that community and that demonstrates intimate knowledge of the lived experience of that community, including, but not limited to:

(A) The impact of racism or discrimination on the community;

(B) Specific disparities in access to services and resources experienced by the community; and

(C) Community strengths, cultural practices, beliefs and traditions.

(d) “Local workforce development board” has the meaning given that term in ORS 660.300 (Definitions for ORS 660.300 to 660.420) .

(e) “Priority populations” has the meaning given that term in ORS 660.300 (Definitions for ORS 660.300 to 660.420) .

(f) “Self-sufficiency standard” means a measure of income adequacy, calculated for each county in this state, that is based on the costs of basic needs of working families of various sizes and compositions, including, but not limited to, food, housing, child care, transportation and health care, plus taxes and tax credits, and that describes the amount of income that is needed for a family to cover such costs without public or private assistance.

(2) There is established a program in the Higher Education Coordinating Commission for the purpose of making grants to community colleges for the development of post-secondary career pathway training programs that provide individuals from priority populations with opportunities to obtain the necessary skills for securing a job or career advancement in high-wage, high-demand industries and occupations.

(3) At a minimum, a post-secondary career pathway training program developed under this section must:

(a) Provide support for program participants to:

(A) Successfully complete the program;

(B) Earn a certificate, credential or degree recognized by a targeted industry sector; and

(C) Successfully obtain employment and receive income that is on a clearly defined pathway to meet the self-sufficiency standard for the particular county within which the program participant is employed; and

(b) Reduce disparities experienced by priority populations in securing gainful employment or obtaining career advancement.

(4) A recipient of grant moneys under this section may use the funds to:

(a) Connect with priority populations to provide meaningful access to the post-secondary career pathway training programs developed under this section;

(b) Collaborate with community-based organizations, kindergarten through grade 12 schools, local workforce development boards, employers, workforce education and training providers and other workforce development organizations to achieve the fullest possible participation in the post-secondary career pathway training programs;

(c) Employ a rigorous assessment strategy to determine the efficacy of the programs;

(d) Procure up-to-date training equipment, technology and other supplies to provide a modernized training experience for program participants; and

(e) Identify opportunities to leverage the use of other funding sources, including opportunities to leverage matching federal funds.

(5) The commission shall determine the process for applying for grants under this section, the standards and criteria for awarding grants and the general terms and conditions of the grants.

(6) To be eligible to receive a grant award under this section, a community college must demonstrate, in an application to the commission, that the community college has the ability to effectively engage with and respond to the needs of individuals from priority populations.

(7) The commission may adopt rules necessary to implement the provisions of this section. [2022 c.28 §4]

Note: 660.390 (Grant program for development of post-secondary career pathway programs) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 660 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 660.390 — Grant program for development of post-secondary career pathway programs; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors660.­html (accessed May 26, 2025).
ORS § 656.443 — OR Code / Title 51 / Chapter 656 / Section 656.443
656.443 Procedure upon default by employer or self-insured employer group
Status: in_force

(1) If an employer or self-insured employer group defaults in payment of compensation or other payments due to the Director of the Department of Consumer and Business Services under this chapter, the director may, on notice to the employer or self-insured employer group and any insurer providing workers’ compensation insurance coverage, a surety bond or other security to the employer or self-insured employer group, use money or interest and dividends on securities, sell securities or institute legal proceedings on any insurance policy, surety bond or other security for which a notice of coverage has been filed with the director to the extent necessary to make such payments.

(2) Before any default by the employer or self-insured employer group, the employer or group is entitled to all interest and dividends on securities on deposit and to exercise all voting rights, stock options and other similar incidents of ownership of the securities.

(3) Intentionally left blank —Ed.

(a) If for any reason the certification of a self-insured employer or self-insured employer group is canceled or terminated, the surety bond or other security deposited with the director must remain on deposit or in effect, as the case may be, for a period of at least 62 months after the employer ceases to be a self-insured employer, unless the director accepts in lieu of the surety bond or other security a policy of paid-up insurance approved by the director. A surety bond or other security that remains on deposit or in effect must be maintained in an amount necessary to secure the outstanding and contingent liability arising from the accidental injuries secured by the surety bond or other security and to ensure the payment of claims for aggravation and claims arising under ORS 656.278 (Board has continuing authority to alter earlier action on claim) based on those accidental injuries. If the surety bond or other security remains on deposit or in effect at the expiration of the 62-month period, or of another period the director may consider proper, the director may accept in lieu of the surety bond or other security deposited with the director a policy of paid-up insurance in a form approved by the director.

(b) The director may adopt rules necessary to implement the provisions of this subsection.

(4) If a self-insured employer or self-insured employer group is in default, is decertified by the director or cancels the employer’s or the group’s certification under ORS 656.434 (Certification effective until canceled or revoked) , the director may:

(a) Order members of the group to pay an assessment for the continuing claim liabilities as specified in ORS 656.430 (Certification of self-insured employer) (7)(a)(D)(i); and

(b) Determine the claims processing agent that processes claims of the self-insured employer or self-insured employer group. The claims processing agent may be the assigned claims agent selected under ORS 656.054 (Claim of injured worker of noncomplying employer) .

(5) Member assessments collected under subsection (4) of this section must be deposited in the Consumer and Business Services Fund created in ORS 705.145 (Consumer and Business Services Fund) .

(6) Failure to pay an assessment ordered under subsection (4) of this section subjects members of the self-insured employer group to civil penalties as provided in ORS 656.745 (Civil penalty for inducing failure to report claims) .

(7) A claims processing agent that the director designates under subsection (4) of this section, other than the State Accident Insurance Fund Corporation, may choose the legal counsel the claims processing agent employs for representation under this section. [1975 c.556 §36; 1981 c.854 §31; 1987 c.373 §32; 2007 c.241 §14; 2014 c.48 §6; 2017 c.69 §1; 2019 c.74 §1]

Source: Section 656.443 — Procedure upon default by employer or self-insured employer group; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 653.025 — OR Code / Title 51 / Chapter 653 / Section 653.025
653.025 Minimum wage rate
Status: in_force

(1) Except as provided in subsections (2) and (3) of this section, ORS 652.020 (Maximum working hours in certain industries) and the rules of the Commissioner of the Bureau of Labor and Industries issued under ORS 653.030 (Commissioner may prescribe lower rates in certain cases) and 653.261 (Minimum employment conditions) , for each hour of work time that the employee is gainfully employed, no employer shall employ or agree to employ any employee at wages computed at a rate lower than:

(a) For calendar year 2003, $6.90.

(b) From January 1, 2004, to June 30, 2016, a rate adjusted for inflation as calculated by the commissioner.

(c) From July 1, 2016, to June 30, 2017, $9.75.

(d) From July 1, 2017, to June 30, 2018, $10.25.

(e) From July 1, 2018, to June 30, 2019, $10.75.

(f) From July 1, 2019, to June 30, 2020, $11.25.

(g) From July 1, 2020, to June 30, 2021, $12.

(h) From July 1, 2021, to June 30, 2022, $12.75.

(i) From July 1, 2022, to June 30, 2023, $13.50.

(j) After June 30, 2023, beginning on July 1 of each year, a rate adjusted annually for inflation as described in subsection (5) of this section.

(2) If the employer is located within the urban growth boundary of a metropolitan service district organized under ORS chapter 268, except as provided by ORS 652.020 (Maximum working hours in certain industries) and the rules of the commissioner issued under ORS 653.030 (Commissioner may prescribe lower rates in certain cases) and 653.261 (Minimum employment conditions) , for each hour of work time that the employee is gainfully employed, no employer shall employ or agree to employ any employee at wages computed at a rate lower than:

(a) From July 1, 2016, to June 30, 2017, $9.75.

(b) From July 1, 2017, to June 30, 2018, $11.25.

(c) From July 1, 2018, to June 30, 2019, $12.

(d) From July 1, 2019, to June 30, 2020, $12.50.

(e) From July 1, 2020, to June 30, 2021, $13.25.

(f) From July 1, 2021, to June 30, 2022, $14.

(g) From July 1, 2022, to June 30, 2023, $14.75.

(h) After June 30, 2023, $1.25 per hour more than the minimum wage determined under subsection (1)(j) of this section.

(3) If the employer is located within a nonurban county as described in ORS 653.026 (“Nonurban county” defined for ORS 653.025) , except as provided by ORS 652.020 (Maximum working hours in certain industries) and the rules of the commissioner issued under ORS 653.030 (Commissioner may prescribe lower rates in certain cases) and 653.261 (Minimum employment conditions) , for each hour of work time that the employee is gainfully employed, no employer shall employ or agree to employ any employee at wages computed at a rate lower than:

(a) From July 1, 2016, to June 30, 2017, $9.50.

(b) From July 1, 2017, to June 30, 2018, $10.

(c) From July 1, 2018, to June 30, 2019, $10.50.

(d) From July 1, 2019, to June 30, 2020, $11.

(e) From July 1, 2020, to June 30, 2021, $11.50.

(f) From July 1, 2021, to June 30, 2022, $12.

(g) From July 1, 2022, to June 30, 2023, $12.50.

(h) After June 30, 2023, $1 per hour less than the minimum wage determined under subsection (1)(j) of this section.

(4) The commissioner shall adopt rules for determining an employer’s location under subsection (2) of this section.

(5) Intentionally left blank —Ed.

(a) The Oregon minimum wage shall be adjusted for inflation as provided in paragraph (b) of this subsection.

(b) No later than April 30 of each year, beginning in 2023, the commissioner shall calculate an adjustment of the wage amount specified in subsection (1)(j) of this section based upon the increase, if any, from March of the preceding year to March of the year in which the calculation is made in the U.S. City Average Consumer Price Index for All Urban Consumers for All Items as prepared by the Bureau of Labor Statistics of the United States Department of Labor or its successor.

(c) The wage amount as adjusted under this subsection shall be rounded to the nearest five cents.

(d) The wage amount as adjusted under this subsection becomes effective as the new Oregon minimum wage amount, replacing the minimum wage amount specified in subsection (1)(j) of this section, on July 1 of the year in which the calculation is made. [1967 c.596 §4; 1973 c.403 §3; 1975 c.504 §1; 1979 c.832 §1; 1979 c.886 §1; 1985 c.99 §2; 1985 c.161 §1; 1989 c.446 §4; 1997 c.1 §1; 2003 c.2 §1; 2016 c.12 §1; 2017 c.17 §52]

Source: Section 653.025 — Minimum wage rate; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html (accessed May 26, 2025).
ORS § 662.215 — OR Code / Title 51 / Chapter 662 / Section 662.215
662.215 Prohibitions on use of professional strikebreakers
Status: in_force

No employer shall:

(1) Knowingly utilize any professional strikebreaker to replace an employee involved in a strike or lockout, for the duration of that strike or lockout.

(2) Recruit, solicit or advertise for individuals to replace employees involved in a strike or lockout, for the duration of the strike or lockout, unless the employer gives notice to such individual that there is a strike or lockout at the place at which employment is offered and that the employment offered is for the purpose of replacing an employee involved in the strike or lockout, for the duration of such strike or lockout. [1975 c.645 §2]

Source: Section 662.215 — Prohibitions on use of professional strikebreakers; restrictions on recruiting employees during strike , https://www.­oregonlegislature.­gov/bills_laws/ors/ors662.­html (accessed May 26, 2025).
ORS § 657.822 — OR Code / Title 51 / Chapter 657 / Section 657.822
657.822 Employment Department Special Administrative Fund
Status: in_force

(1) There is established in the State Treasury, separate and distinct from the General Fund, the Employment Department Special Administrative Fund. The Employment Department Special Administrative Fund shall consist of moneys collected or received by the Employment Department as follows:

(a) All interest collected under ORS 657.515 (Delinquent taxes) .

(b) All penalties collected pursuant to this chapter, except as provided in ORS 657.400 (Employment Department Special Fraud Control Fund) .

(c) All gifts to or interest on or profits earned by the Employment Department Special Administrative Fund.

(2) The moneys in the Employment Department Special Administrative Fund are continuously appropriated to the department, and may not be transferred or otherwise made available to any other state agency, to pay the expenses of the Secretary of State incurred in performing the audit of the department and such other expenses as may be included in the biennial budget of the department and approved by the Legislative Assembly for payment from the fund. On July 1 of every odd-numbered year, any amounts in the Employment Department Special Administrative Fund that have not been appropriated in the biennial budget of the department approved by the Legislative Assembly shall be transferred to the Unemployment Compensation Trust Fund. [1965 c.359 §2; 1967 c.335 §58; 1969 c.597 §191; 1983 c.740 §248; 1993 c.344 §7; 1993 c.778 §23; 1995 c.37 §5; 2005 c.22 §464; 2005 c.183 §16; 2007 c.87 §§6,7; 2011 c.597 §270]

Source: Section 657.822 — Employment Department Special Administrative Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 659a.143 — OR Code / Title 51 / Chapter 659a / Section 659a.143
659A.143 Assistance animals
Status: in_force

(1) As used in this section:

(a) “Assistance animal” means a dog or other animal designated by administrative rule that has been individually trained to do work or perform tasks for the benefit of an individual.

(b) “Assistance animal trainee” means an animal that is undergoing a course of development and training to do work or perform tasks for the benefit of an individual that directly relate to the disability of the individual.

(c) “Assistance animal trainer” means an individual exercising care, custody and control over an assistance animal trainee during a course of training designed to develop the trainee into an assistance animal.

(d) “Place of public accommodation” means a place of public accommodation as defined in ORS 659A.400 (Place of public accommodation defined) .

(2) A place of public accommodation or of access to state government services, programs or activities may not:

(a) Ask an individual about the nature or extent of a disability that the individual has or may have;

(b) Require an individual to provide documentation proving that an animal is an assistance animal or an assistance animal trainee; or

(c) Notwithstanding any fee or admission charge imposed for pets, require that a person with a disability or an assistance animal trainer pay a fee or admission charge for an assistance animal or assistance animal trainee.

(3) A place of public accommodation or of access to state government services, programs or activities may:

(a) Ask whether an animal is required due to a disability; and

(b) Ask about the nature of the work or task that an animal is trained to do or perform or is being trained to do or perform, unless it is readily apparent that the animal performs or is being trained to perform work or a task for the benefit of a person with a disability.

(4) If a place of public accommodation or of access to state government services, programs or activities customarily charges a person for damages that the person causes to the place, the place may charge a person with a disability or an assistance animal trainer for damages that an assistance animal or assistance animal trainee causes to the place.

(5) A person with a disability or an assistance animal trainer must maintain control of an assistance animal or assistance animal trainee. Except as provided in this subsection, control shall be exerted by means of a harness, leash or other tether. If the use of a harness, leash or other tether would interfere with the ability of the animal to do the work or perform the tasks for which the animal is trained or is being trained, control may be exerted by the effective use of voice commands, signals or other means. If an animal is not under control as required in this subsection, a place of public accommodation or of access to state government services, programs or activities may consider the animal to be out of control for purposes of subsection (6) of this section.

(6) Intentionally left blank —Ed.

(a) Except as provided in this subsection, a place of public accommodation or of access to state government services, programs or activities may not deny a person with a disability or an assistance animal trainer the right to be accompanied by an assistance animal or assistance animal trainee in any area of the place that is open to the public or to business invitees. A place of public accommodation or of access to state government services, programs or activities may require a person with a disability or an assistance animal trainer to remove an assistance animal or assistance animal trainee if:

(A) The animal is not housebroken; or

(B) The animal is out of control and effective action is not taken to control the animal.

(b) A place of public accommodation or of access to state government services, programs or activities may impose legitimate requirements necessary for the safe operations of the place of public accommodation or the services, programs or activities. The place of public accommodation or of access to state government services, programs or activities shall ensure that the safety requirements are based on actual risks, not on speculation, stereotypes or generalizations about persons with disabilities.

(7) A place of public accommodation or of access to state government services, programs or activities shall make reasonable modifications as necessary to allow an opportunity for a person with a disability who is benefited by the use of an assistance animal to obtain goods, services and the use of the advantages, facilities and privileges of the place or the advantages, facilities and privileges of the state government services, programs or activities. For purposes of this subsection, except as provided in subsections (6) and (8) of this section, in addition to any other applicable accommodation requirement, allowing the presence of the assistance animal is a reasonable modification.

(8) If a place of public accommodation or of access to state government services, programs or activities requires a person with a disability to remove an assistance animal under subsection (6) of this section, the place shall give the person with a disability a reasonable opportunity to obtain goods, services and the use of the advantages, facilities and privileges of the place or the advantages, facilities and privileges of the state government services, programs or activities without the assistance animal’s presence.

(9) A place of public accommodation or of access to state government services, programs or activities is not required to provide care or supervision for an assistance animal or assistance animal trainee.

(10) The protection granted under this section to a person with a disability or an assistance animal trainer does not invalidate or limit the remedies, rights and procedures of any other federal, state or local laws that provide equal or greater protection of the rights of a person with a disability, an assistance animal trainer or individuals associated with a person with a disability. [2013 c.530 §§2,3]

Note: 659A.143 (Assistance animals) was added to and made a part of 659A.103 (Policy) to 659A.145 (Discrimination against individual with disability in real property transactions prohibited) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 659A.143 — Assistance animals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 657.730 — OR Code / Title 51 / Chapter 657 / Section 657.730
657.730 Workforce and labor market information system
Status: in_force

(1) As used in this section, unless the context requires otherwise:

(a) “Labor market area” means an economically integrated geographic area within which individuals can reside and find employment within a reasonable distance or can readily change employment without changing their place of residence. Such areas shall be identified in accordance with criteria used by the Bureau of Labor Statistics of the United States Department of Labor in defining such areas or similar criteria established by the Director of the Employment Department. The boundaries depend primarily on economic and geographic factors. The State of Oregon is divided into labor market areas, including local workforce areas, which usually include a county or group of contiguous counties.

(b) “Workforce and labor market information” means the body of information generated from measurement and evaluation of the socioeconomic factors and variables influencing the employment process in the state and specific labor market areas. These socioeconomic factors and variables include:

(A) Labor force information, which includes but is not limited to employment, unemployment, labor force participation and characteristics of the population and labor force;

(B) Occupational information, which includes but is not limited to occupational supply and demand estimates and projections, characteristics of occupations, skill requirements, wage levels, job duties, training and education requirements, conditions of employment, unionization, retirement practices and training opportunities;

(C) Economic information, which includes but is not limited to number of business starts and stops by industry and labor market area, information on employment growth and decline by industry and labor market area, employment projections by industry, employer establishment data and number of union disputes and strikes by industry and labor market area; and

(D) Program information, which includes but is not limited to program participant or student information gathered in cooperation with other state and local agencies along with related labor market information to evaluate the effectiveness, efficiency and impact of state and local employment, training, education and job creation efforts in support of planning, management, implementation and evaluation.

(2) The Director of the Employment Department shall have the following duties:

(a) Overseeing, operating and managing a statewide comprehensive workforce and labor market information system.

(b) Supporting Oregon’s state and local workforce boards by providing foundational workforce data and special studies in support of state and local employment, training, education and job creation programs, especially activities that prevent job loss, reduce unemployment and create jobs.

(c) Supporting other Oregon customers of workforce and labor market information, including, but not limited to, businesses, job seekers, policy makers, educational agencies and students, and providing foundational workforce data and analysis of trends at the state and local levels.

(d) Coordinating with state workforce agencies and other federal, state and local government partners to improve workforce and labor market information products and services.

(e) Producing workforce and labor market information and economic analysis needed to facilitate the efficient and effective matching of the supply and demand of labor critical to an effective labor exchange in Oregon.

(f) Administering other appropriate workforce and labor market information activities including support of efforts by local workforce development boards, as defined in ORS 660.300 (Definitions for ORS 660.300 to 660.420) , to align economic development, education and training with workforce development investments and services for job seekers and businesses to efficiently address local labor market needs and statewide workforce development priorities.

(3) To implement this section, the director shall have authority to:

(a) Establish rules and procedures to recover reasonable costs incurred in producing and providing:

(A) Workforce and labor market information products developed by the Employment Department in the ordinary course of business when the request results in costs over and above the ordinary costs of production including, but not limited to, special publication runs, photocopying or supplying the copy in some other medium; and

(B) Special workforce and labor market information products in response to individual requests that incur costs beyond the ordinary costs of doing business including, but not limited to, computer time, staff costs, preparation and distribution of surveys, electronic scanning, and special data collection, formatting and analysis. The director may enter into agreements with other public agencies to provide special workforce and labor market information products in a quid pro quo arrangement.

(b) Receive federal set aside funds from federal programs that are authorized to fund state and local workforce and labor market information and are required to use such information in support of their programs.

(c) Enter into agreements for statistical analysis, research or evaluation studies of privately and publicly funded employment, training, education and economic development programs.

(4) Home care workers and personal support workers described in ORS 410.619 (Home care and personal support workers not state employees) (1) are not employees of state government for the purposes of workforce and labor market information. [1993 c.38 §2; 1997 c.652 §38; 2014 c.49 §8; 2017 c.185 §20; 2017 c.297 §40; 2017 c.307 §3a; 2018 c.75 §30]

Source: Section 657.730 — Workforce and labor market information system; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 654.320 — OR Code / Title 51 / Chapter 654 / Section 654.320
654.320 Who considered agent of owner
Status: in_force

The manager, superintendent, foreman or other person in charge or control of all or part of the construction, works or operation shall be held to be the agent of the employer in all suits for damages for death or injury suffered by an employee.

Source: Section 654.320 — Who considered agent of owner , https://www.­oregonlegislature.­gov/bills_laws/ors/ors654.­html (accessed May 26, 2025).
ORS § 651.205 — OR Code / Title 51 / Chapter 651 / Section 651.205
651.205 Posting notice of workplace rights for live entertainers
Status: in_force

(1) The operator of a live entertainment facility shall display the poster developed by the Commissioner of the Bureau of Labor and Industries under subsection (2) of this section in a conspicuous manner in a sufficient number of places in the establishment to be read by all persons working in the establishment.

(2) Intentionally left blank —Ed.

(a) The Commissioner of the Bureau of Labor and Industries shall develop a poster that includes:

(A) A summary of the rights of independent contractors and employees who perform live entertainment;

(B) A description of the services offered through and the toll-free telephone number of the live entertainer hotline established under subsection (3) of this section; and

(C) Any additional information determined to be necessary by the commissioner.

(b) The Bureau of Labor and Industries shall publish the poster developed by the commissioner under this subsection on the bureau’s website and shall make the poster available to the public at no cost.

(3) Intentionally left blank —Ed.

(a) The bureau shall implement and maintain a toll-free telephone hotline to receive inquiries and complaints related to employment in the performance of live entertainment.

(b) A caller to the hotline may remain anonymous and may request that the inquiry or complaint remain confidential.

(c) The bureau shall staff the hotline on a half-time basis with a person or persons who have a background in providing live entertainment as an independent contractor or a background in the operation of a crisis line.

(d) The bureau may share information that has not been designated confidential by a hotline caller with agencies participating in the Interagency Compliance Network established under ORS 670.700 (Agencies in network) , law enforcement agencies or any other agency designated by the commissioner. [2015 c.735 §2]

Note: See note under 651.200 (Definitions) .

Source: Section 651.205 — Posting notice of workplace rights for live entertainers; establishment of hotline for inquiries and complaints from live entertainers; confidentiality , https://www.­oregonlegislature.­gov/bills_laws/ors/ors651.­html (accessed May 26, 2025).
ORS § 657.673 — OR Code / Title 51 / Chapter 657 / Section 657.673
657.673 Disclosure of wage information to consumer reporting agency
Status: in_force

(1) As used in this section:

(a) “Wage information” means the amount of wages as reported to the Employment Department by each employer as earned by a particular individual during the period, not to exceed 15 recorded quarters preceding the quarter in which the request for disclosure is made, and the name and address of each employer.

(b) “Consumer reporting agency” means a consumer reporting agency as defined in the federal Fair Credit Reporting Act, 15 U.S.C. 1681a.

(2) The Employment Department shall disclose by electronic means wage information to consumer reporting agencies for the purpose of verifying information provided by an individual in connection with a specific credit transaction if all of the following conditions are met:

(a) The individual to whom the information pertains provides written consent to the disclosure before the information is released to the consumer reporting agency and the consent form discloses the following information:

(A) The consent is voluntary and not required by law;

(B) Refusal to consent to disclosure of wage information shall not be a basis for the denial of credit;

(C) If consent is granted, the individual’s wage information will be released;

(D) The release shall be only for the specific transaction identified in the consent form;

(E) Wage information reported to the state by the individual’s employers will be accessed;

(F) The wage information disclosed will come from state government files; and

(G) All of the parties that may receive the information released;

(b) The consumer reporting agency agrees to comply with all applicable federal and state credit reporting laws, regulations and rules, including, but not limited to, the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., and the regulations promulgated thereunder;

(c) The disclosure is for a purpose authorized by, and occurs in a manner permitted by, the United States Department of Labor;

(d) The consumer reporting agency agrees to comply with the audit standards, security standards, technological requirements and all other terms and conditions, including any net worth and liability insurance requirements, that the Employment Department deems necessary and establishes to safeguard the confidentiality of the wage information released under this section or to otherwise serve the public interest;

(e) Prior to the release of any wage information, the consumer reporting agency pays all development and other start-up costs incurred by the state in connection with implementing systems and procedures for electronic disclosure of wage information;

(f) The consumer reporting agency pays a transaction fee in an amount established by the Employment Department to offset the department’s costs of ongoing support for electronic disclosure of wage information to that consumer reporting agency, including the costs associated with revising incomplete or inaccurate wage records performed for the sole purpose of the specific credit transaction; and

(g) The Employment Department does not bear any liability for:

(A) The improper release of information by the consumer reporting agency; or

(B) The accuracy of wage records reported by employers to the department. [1999 c.401 §2]

Source: Section 657.673 — Disclosure of wage information to consumer reporting agency; conditions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 658.185 — OR Code / Title 51 / Chapter 658 / Section 658.185
658.185 Limitation on charges
Status: in_force

(1) As used in this section:

(a) “Permanent employment” means all employment that lasts 90 calendar days or more.

(b) “Temporary employment” means employment that is contemplated at the time of referral by an employment agency to last less than 90 calendar days regardless of the reason for termination of the employment.

(2) Intentionally left blank —Ed.

(a) If an individual is employed in temporary employment through the services of an employment agency, the charge for services paid by the individual shall not exceed one-ninetieth of the charge for permanent employment for each consecutive calendar day during the period the individual is employed or compensated as though employed.

(b) If an individual leaves employment within 90 days after the starting date of employment, the employment agency shall reduce the charge for services payable by the individual to that payable for temporary employment under paragraph (a) of this subsection and shall refund any charge paid in excess of that amount.

(c) Notwithstanding the other provisions of this section, in no instance in which the employment secured is subsequently terminated shall the charge for services by an employment agency be greater than the total gross earnings of the individual.

(d) All interest, fees or other charges paid or required to be paid to any person or organization in order to procure the funds to pay an employment agency’s charge for services shall be allowed as a credit against the charge. The provisions of this paragraph shall be stated in all contracts provided for in ORS 658.172 (Job referral requirements) .

(e) A refund when due shall be made within 10 days after request therefor by the individual. If the decision of the employment agency is not to make a refund, the agency shall notify the individual in writing, within such 10-day period, as to the specific reasons or circumstances for which the refund is not made. If the agency fails to properly notify the individual or fails to tender a refund within the 10-day period, the agency shall be liable to the individual in the amount of an additional sum equal to the amount of the refund.

(3) Intentionally left blank —Ed.

(a) If an individual secures employment in which the individual is to be paid on the basis of straight commissions, or a drawing account against commissions, or either a drawing account or salary plus commissions, the charge for services payable by the individual may be predicated upon the projected total gross earnings of the individual during the first year of employment as estimated by the employer and upon the employer demonstrating to the agency reasonable grounds therefor.

(b) Upon the conclusion of the individual’s first six months and the conclusion of the individual’s second six months of employment, a computation of the individual’s actual total gross earnings may be provided by the individual to the agency, and, predicated upon appropriate proof of such earnings, an adjustment in the charge for services shall be made by which either the agency shall refund to the individual any excess charge paid by the individual or the individual shall pay to the agency any deficiency thereon.

(c) If the individual’s employment is terminated prior to the conclusion of the first 12 months of employment, the actual total gross earnings of the individual for the period of employment shall be projected to 12 months on a pro rata basis as though the individual had been employed for the entire period of 12 months, and a computation shall be made thereon. The charge for services paid or payable by the individual shall be predicated upon such computation as though the individual had been so employed. [1953 c.694 §18; 1961 c.380 §18; 1969 c.493 §97; 1973 c.678 §17; 1981 c.318 §22; 1997 c.55 §13]

Source: Section 658.185 — Limitation on charges; manner of calculating certain charges; credits and refunds , https://www.­oregonlegislature.­gov/bills_laws/ors/ors658.­html (accessed May 26, 2025).
ORS § 659a.253 — OR Code / Title 51 / Chapter 659a / Section 659a.253
659A.253 Restriction of access to employee housing owned or controlled by employer prohibited
Status: in_force

(1) Employers shall not restrict access by authorized persons or invited persons to any housing owned, rented or in any manner controlled by the employer where employees are residing. Authorized persons or invited persons must announce their presence on the premises upon request. Authorized persons shall, upon request, provide credentials identifying the person as representing a qualifying agency or organization.

(2) Intentionally left blank —Ed.

(a) A person need not disclose to the employer the name of the employee who issued the invitation prior to gaining access to the housing, but an invited person must do so in order to assert a right to access as an invited person in any judicial proceeding concerning the right to access provided in this section. If an invited person does not disclose the name of the inviter to the employer, the employer may deny access until the invited person obtains an order pursuant to ORS 659A.262 (Warrant on behalf of person entitled to access to housing) .

(b) Invited persons shall not be allowed to enter work areas or to interfere with any employee’s work or performance of duties on behalf of the employer.

(3) Intentionally left blank —Ed.

(a) The employer shall ensure to the employees residing in housing owned or controlled by an employer and occupied by employees the availability of:

(A) A reasonably accessible operating telephone, whether pay or private, available 24 hours a day for emergency use; and

(B) An operating telephone, whether pay or private, located within two miles of the housing, accessible and available so as to provide reasonable opportunity for private use by employees.

(b) An employer may request a waiver from the requirements of paragraph (a) of this subsection if the employer demonstrates to the bureau that:

(A) Compliance would constitute an unreasonable hardship for the employer; and

(B) The camp meets any requirements established by the Department of Consumer and Business Services for an emergency medical plan.

(4) A complaint may not be filed under ORS 659A.820 (Complaints) for violations of this section. [Formerly 659.285]

Source: Section 659A.253 — Restriction of access to employee housing owned or controlled by employer prohibited; telephone accessibility , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 656.735 — OR Code / Title 51 / Chapter 656 / Section 656.735
656.735 Civil penalty for noncomplying employers
Status: in_force

(1) The Director of the Department of Consumer and Business Services shall assess any person who violates ORS 656.052 (Prohibition against employment without coverage) (1) a civil penalty of not more than $1,000 or twice the premium that would have been due for the period of noncompliance, whichever is the greater.

(2) The director shall assess any person who continues to violate ORS 656.052 (Prohibition against employment without coverage) (1), after an order issued pursuant to ORS 656.052 (Prohibition against employment without coverage) (2) has become final, a civil penalty, in addition to any penalty assessed under subsection (1) of this section, of not more than $250 for each day such violation continues.

(3) Intentionally left blank —Ed.

(a) When a noncomplying employer is a corporation, such corporation and the officers and directors thereof shall be jointly and severally liable for any civil penalties assessed under this section and any claim costs incurred under ORS 656.054 (Claim of injured worker of noncomplying employer) .

(b) When a noncomplying employer is a limited liability company, the company and its members and managers shall be jointly and severally liable for any civil penalties assessed by the director under this section and any claim costs incurred under ORS 656.054 (Claim of injured worker of noncomplying employer) . As used in this paragraph, “limited liability company,” “manager” and “member” have the meanings for those terms provided in ORS 63.001 (Definitions) .

(c) When a noncomplying employer is a limited liability partnership or foreign limited liability partnership, the partnership and its limited liability partners shall be jointly and severally liable for any civil penalties assessed by the director under this section and any claim costs incurred under ORS 656.054 (Claim of injured worker of noncomplying employer) . As used in this paragraph, “limited liability partnership” and “foreign limited liability partnership” have the meanings for those terms provided in ORS 67.005 (Definitions) .

(d) When a noncomplying employer is a partnership, the partnership and its partners shall be jointly and severally liable for any civil penalties assessed by the director under this section and any claim costs incurred under ORS 656.054 (Claim of injured worker of noncomplying employer) . As used in this paragraph, “partnership” has the meaning for that term provided in ORS 67.005 (Definitions) .

(4) When an order assessing a civil penalty becomes final by operation of law or on appeal, unless the amount of penalty is paid within 10 days after the order becomes final, it constitutes a judgment and may be recorded with the county clerk in any county of this state. The clerk shall thereupon record the name of the person incurring the penalty and the amount of the penalty in the County Clerk Lien Record. The penalty provided in the order so recorded shall become a lien upon the title to any interest in property owned by the person against whom the order is entered, and execution may be issued upon the order in the same manner as execution upon a judgment of a court of record.

(5) Civil penalties, and judgments entered thereon, due to the director under this section from any person shall be deemed preferred to all general claims in all bankruptcy proceedings, trustee proceedings, and proceedings for the administration of estates and receiverships involving the person liable therefor or the property of such person.

(6) All moneys collected under this section shall be paid into the Workers’ Benefit Fund. [1973 c.447 §4; 1977 c.73 §1; 1983 c.696 §23; 1995 c.332 §65; 1995 c.641 §12; 1995 c.689 §37; 1997 c.775 §91; 2003 c.170 §8]

Source: Section 656.735 — Civil penalty for noncomplying employers; amount; liability of partners and of corporate and limited liability company officers; effect of final order; penalty as preferred claim; disposition of moneys collected , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 662.120 — OR Code / Title 51 / Chapter 662 / Section 662.120
662.120 Appeal to Supreme Court
Status: in_force

Whenever any court or judge thereof issues or denies any temporary injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to the proceedings and on filing the usual bond for costs, forthwith certify, as in ordinary cases, the record of the case to the Supreme Court for its review. Upon the filing of such record in the Supreme Court, the appeal shall be heard and the temporary injunctive order affirmed, modified or set aside with the greatest possible expedition, giving the proceedings precedence over all other matters, except older matters of the same character.

Source: Section 662.120 — Appeal to Supreme Court , https://www.­oregonlegislature.­gov/bills_laws/ors/ors662.­html (accessed May 26, 2025).
ORS § 657.865 — OR Code / Title 51 / Chapter 657 / Section 657.865
657.865 No vested rights
Status: in_force

All the rights, privileges or immunities conferred by this chapter or by acts deemed pursuant thereto shall exist subject to the powers of the legislature to amend or repeal this chapter at any time, and there shall be no vested private right of any kind against such amendment or repeal.

Source: Section 657.865 — No vested rights , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 657b.400 — OR Code / Title 51 / Chapter 657b / Section 657b.400
657B.400 Confidentiality of information
Status: in_force

(1) Except as provided in subsections (2) to (7) and (10) of this section, all information in the records of the Employment Department or a third party administrator pertaining to the administration of this chapter:

(a) Is confidential and for the exclusive use and information of the Director of the Employment Department in administering this chapter;

(b) May not be used in any court action or in any proceeding pending in the court unless the director or the State of Oregon is a party to the action or proceeding or unless the action or proceeding concerns the establishment, enforcement or modification of a support obligation and support services are being provided by the Division of Child Support of the Department of Justice or the district attorney pursuant to ORS 25.080 (Entity primarily responsible for support enforcement services) ; and

(c) Is exempt from disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) .

(2) The Employment Department may disclose information:

(a) To the extent necessary for the payment of benefits or collection of contributions due under this chapter:

(A) To any claimant or employer; or

(B) To a legal representative or other designee authorized by a claimant or employer in accordance with any rules adopted by the director regarding the receipt of confidential information on behalf of a claimant or employer.

(b) Upon request to the United States Attorney’s Office. Under this paragraph, the Employment Department may disclose an individual’s employment and wage information in response to a federal grand jury subpoena or for the purpose of collecting civil and criminal judgments issued by a federal court, including restitution and special assessment fees. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the United States Attorney’s Office.

(3) At the discretion of the director and subject to an interagency agreement, the Employment Department may disclose, upon request, information:

(a) To state or local child support enforcement agencies enforcing child support obligations for the purposes of establishing child support obligations, locating individuals owing child support obligations and collecting child support obligations from those individuals. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the child support enforcement agency.

(b) To agencies participating in an income and eligibility verification system for the purpose of verifying an individual’s eligibility for benefits, or the amount of benefits, under a state or federal program such as unemployment insurance, temporary assistance for needy families, medical assistance, supplemental nutrition assistance, Supplemental Security Income, child support enforcement or Social Security. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the requesting agency.

(c) To officers and employees of the United States Department of Housing and Urban Development and to representatives of a state or local public housing agency for the purpose of determining an individual’s eligibility for benefits, or the amount of benefits, under a housing assistance program. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the requesting agency.

(4) At the discretion of the director and subject to an interagency agreement, the Employment Department may disclose information secured from employers:

(a) To state agencies, federal agencies, local government agencies, public universities listed in ORS 352.002 (Public universities) and the Oregon Health and Science University established under ORS 353.020 (Oregon Health and Science University as public corporation) , to the extent necessary to properly carry out governmental planning, performance measurement, program analysis, socioeconomic analysis or policy analysis functions performed under applicable law and at the discretion of the director and subject to an interagency agreement. The information disclosed is confidential and may not be disclosed by the agencies or universities in any manner that would identify individuals, claimants, employees or employers. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the agency or university requesting the information.

(b) As part of a geographic information system. Points on a map may be used to represent economic data, including the location, employer size and industrial classification of businesses in Oregon. Information presented as part of a geographic information system may not give specific details regarding a business’s address, actual employment or proprietary information. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the party requesting the information.

(5) At the discretion of the director and subject to an interagency agreement, the Employment Department may disclose information received from an employer, an employee or a claimant:

(a) To public employees in the performance of their duties under state or federal laws relating to the payment of family and medical leave insurance benefits.

(b) Pursuant to an informed consent, received from the employer, employee or claimant, to disclose the information.

(c) To the Bureau of Labor and Industries for the purpose of performing duties under ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) , 658.005 (Definitions for ORS 658.005 to 658.245) to 658.245 (Actions upon agency bonds or letters of credit) or 658.405 (Definitions for ORS 658.405 to 658.511) to 658.511 (Wage claim against property services contractor or construction labor contractor) or ORS chapter 652, 653 or 659A. The information disclosed may include the names and addresses of employers and employees, payroll data of employers and employees, and information obtained for an appeal from a determination under a plan approved under ORS 657B.210 (Equivalent plans, generally) . The information disclosed is confidential and may not be used for any other purpose. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the bureau.

(d) To the Department of Revenue for the purpose of performing its duties under ORS 293.250 (Collections Unit) or under the revenue and tax laws of this state and identifying potential identity theft and fraud. The information disclosed may include the names and addresses of employers and employees, payroll data of employers and employees, and particulars, as defined in ORS 314.835 (Divulging particulars of returns and reports prohibited) . The information disclosed is confidential and may not be disclosed by the Department of Revenue in any manner that would identify an employer or employee except to the extent necessary to carry out the department’s duties under ORS 293.250 (Collections Unit) or in auditing or reviewing any report or return required or permitted to be filed under the revenue and tax laws administered by the department. The Department of Revenue may not disclose any information received to any private collection agency or for any other purpose. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the Department of Revenue.

(e) To the Department of Consumer and Business Services for the purpose of performing its duties under ORS chapters 654, 656 and 731. The information disclosed may include, but is not limited to, the name, address, number of employees and standard industrial classification code of an employer and payroll data of employers and employees. The information disclosed is confidential and may not be disclosed by the Department of Consumer and Business Services in any manner that would identify an employer or employee except to the extent necessary to carry out the department’s duties under ORS chapters 654, 656 and 731, including administrative hearings and court proceedings in which the Department of Consumer and Business Services is a party. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the Department of Consumer and Business Services.

(f) To the Construction Contractors Board for the purpose of performing its duties under ORS chapter 701. The information disclosed to the board may include the names and addresses of employers and status of their compliance with this chapter. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the board.

(g) To the Department of Transportation to assist the department in carrying out its duties relating to collection of delinquent and liquidated debts, including taxes, under ORS 184.610 (Definitions for ORS 184.610 to 184.665) to 184.665 (Continuous Improvement Advisory Committee) , 184.670 (Purpose of ORS 184.670 to 184.733) to 184.733 (Department of Transportation Public Transportation Development Fund) and 805.263 (Crater Lake National Park registration plate) , ORS chapter 319 and the Oregon Vehicle Code, or in auditing or reviewing any report or return required or permitted to be filed under the revenue and tax laws administered by the department. The information disclosed may include the names and addresses of employers and employees and payroll data of employers and employees. The information disclosed is confidential and may not be disclosed by the Department of Transportation in any manner that would identify an employer or employee except to the extent necessary to carry out the department’s duties relating to collection of delinquent and liquidated debts or in auditing or reviewing any report or return required or permitted to be filed under the revenue and tax laws administered by the department. The Department of Transportation may not disclose any information received to any private collection agency or for any other purpose. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the Department of Transportation.

(h) To the Department of Human Services and the Oregon Health Authority to assist the department and the authority in the collection of debts that the department and the authority are authorized by law to collect. The information disclosed may include the names and addresses of employers and employees and payroll data of employers and employees. The information disclosed is confidential and may not be disclosed by the Department of Human Services or the Oregon Health Authority in any manner that would identify an employer or employee except to the extent necessary for the collection of debts as described in this paragraph. The Department of Human Services and the Oregon Health Authority may not disclose information received under this paragraph to a private collection agency or use the information for a purpose other than the collection of debts as described in this paragraph. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the Department of Human Services or the Oregon Health Authority.

(i) To the State Treasurer useful for the purpose of performing the State Treasurer’s duties under ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) , 98.992 (Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436) , 113.235 (Appointment of estate administrators by State Treasurer) and 116.253 (Recovery of escheated property) . The information disclosed is confidential and may not be used by the State Treasurer for any other purpose. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the State Treasurer.

(6) At the discretion of the director and subject to an interagency agreement, the director may disclose information to a public official in the performance of the public official’s official duties administering or enforcing laws within the public official’s authority and to an agent or contractor of a public official. The public official shall agree to assume responsibility for misuse of the information by the public official’s agent or contractor.

(7) At the discretion of the director, the director may disclose information to a contractor pursuant to a contract for actuarial services. The contractor shall agree to assume responsibility for misuse of the information by the contractor’s agent.

(8) Any officer appointed by or any employee of the director who discloses confidential information, except with the authority of the director, pursuant to rules or as otherwise required by law, may be disqualified from holding any appointment or employment with the Employment Department.

(9) Any person or any officer or employee of an entity to whom information is disclosed by the Employment Department under this section who divulges or uses the information for any purpose other than that specified in the provision of law or agreement authorizing the use or disclosure may be disqualified from performing any service under contract or from holding any appointment or employment with the state agency that engaged or employed that person, officer or employee. The Employment Department may immediately cancel or modify any information-sharing agreement with an entity when a person or an officer or employee of that entity discloses confidential information, other than as specified in law or agreement.

(10) At the discretion of the director, the director may disclose information to an employee or officer within any division of the Employment Department as necessary to conduct research, compile aggregate data from the information received and any other purpose deemed necessary by the director to assist the director in carrying out the duties under this chapter or other duties under ORS chapter 657.

(11) The director may adopt any rules necessary to implement this section. [2019 c.700 §38; 2023 c.292 §8]

Note: Section 16 (5), chapter 292, Oregon Laws 2023, provides:

Sec. 16. (5) The amendments to ORS 657B.400 (Confidentiality of information) by section 8 of this 2023 Act apply to disclosures of information made by the Employment Department on or after September 3, 2023. [2023 c.292 §16(5); 2023 c.292 §16a(5)]

Source: Section 657B.400 — Confidentiality of information; disclosures of information by Employment Department; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657B.­html (accessed May 26, 2025).
ORS § 653.285 — OR Code / Title 51 / Chapter 653 / Section 653.285
653.285 Liability of employer
Status: in_force

If an employee’s trade equipment is damaged upon or stolen from premises under the employer’s control as a proximate cause of the employer’s failure to comply with ORS 653.280 (Employer to safeguard employee’s trade equipment) the employee has a right to file an action against the employer, and the employer is liable, for financial settlement as is needed to repair or replace the equipment. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1975 c.488 §8; 1981 c.897 §91; 1991 c.67 §158; 1995 c.618 §112]

Source: Section 653.285 — Liability of employer; attorney fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html (accessed May 26, 2025).
ORS § 660.149 — OR Code / Title 51 / Chapter 660 / Section 660.149
660.149 Evaluation of registered apprenticeship programs
Status: in_force

(1) The Apprenticeship and Training Division of the Bureau of Labor and Industries shall evaluate the performance of registered apprenticeship programs.

(2) Factors to be used when conducting the evaluation required by subsection (1) of this section must include, but are not limited to:

(a) Quality assurance assessments;

(b) Equal Employment Opportunity Commission compliance reviews; and

(c) Completion rates.

(3) Any additional factors used by the division in the evaluation of program performance must adhere to the goals and policies of the United States Department of Labor specified in 29 C.F.R. 29 and with guidance issued by the United States Department of Labor Office of Apprenticeship.

(4) To evaluate completion rates under this section, the division shall compare the completion rate of the program under review with the national average for completion rates. Based on the completion rate review, the division shall provide technical assistance to promote higher completion rates to programs with a completion rate lower than the national average.

(5) Cancellation of an apprenticeship agreement during the probationary period shall not have an impact on the completion rate of the program. [2011 c.140 §14]

§29]

Source: Section 660.149 — Evaluation of registered apprenticeship programs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors660.­html (accessed May 26, 2025).
ORS § 657b.390 — OR Code / Title 51 / Chapter 657b / Section 657b.390
657B.390 Employment records
Status: in_force

(1) All employers shall maintain payroll records, including account records that document employee contributions and expenses, and employment records that reflect the total hours worked by all employees and the amount of leave taken by employees under this chapter for the current calendar year and the three prior calendar years.

(2) The Director of the Employment Department may inspect the payroll and employment records of employers for the purpose of administering this chapter. Employers must provide the director with all pertinent payroll and employment records upon request.

(3) When an employment agency is acting as an employer, the requirements under subsections (1) and (2) of this section shall be the responsibility of the employment agency. [2019 c.700 §37]

Source: Section 657B.390 — Employment records; inspection , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657B.­html (accessed May 26, 2025).
ORS § 652.610 — OR Code / Title 51 / Chapter 652 / Section 652.610
652.610 Itemized statement of amounts and purposes of deductions
Status: in_force

(1) Intentionally left blank —Ed.

(a) 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, shall provide the employee on regular paydays and at other times payment of wages, salary or commission is made, with an itemized statement as described in paragraph (b) of this subsection.

(b) The statement required under this subsection must be a written statement, sufficiently itemized to show:

(A) The date of the payment;

(B) The dates of work covered by the payment;

(C) The name of the employee;

(D) The name and business registry number or business identification number;

(E) The address and telephone number of the employer;

(F) The rate or rates of pay;

(G) Whether the employee is paid by the hour, shift, day or week or on a salary, piece or commission basis;

(H) Gross wages;

(I) Net wages;

(J) The amount and purpose of each deduction made during the respective period of service that the payment covers;

(K) Allowances, if any, claimed as part of minimum wage;

(L) Unless the employee is paid on a salary basis and is exempt from overtime compensation as established by local, state or federal law, the regular hourly rate or rates of pay, the overtime rate or rates of pay, the number of regular hours worked and pay for those hours, and the number of overtime hours worked and pay for those hours; and

(M) If the employee is paid a piece rate, the applicable piece rate or rates of pay, the number of pieces completed at each piece rate and the total pay for each rate.

(c) Notwithstanding paragraph (b) of this subsection, the employer may provide the statement required under this subsection to the employee in electronic form pursuant to ORS 84.001 (Short title) to 84.061 (Federal electronic signatures law partially superseded) if:

(A) The statement contains the information described in paragraph (b) of this section;

(B) The employee expressly agrees to receive the statement in electronic form; and

(C) The employee has the ability to print or store the statement at the time of receipt.

(2) Intentionally left blank —Ed.

(a) The statement 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.

(b) The statement shall be provided electronically at the time payment is made to all state officers and employees paid electronically under the state payroll system as provided by ORS 292.026 (Payroll payments) .

(c) State agencies shall provide access to electronic statements to employees who do not have regular access to computers in their workplace.

(d) Notwithstanding paragraph (b) of this subsection, if an officer or employee paid under the state payroll system as provided by ORS 292.026 (Payroll payments) wants to receive payment of net salary and wages by check or to receive a paper statement of itemized payroll deductions, the officer or employee shall request paper statements or payment by check in accordance with the procedures adopted by rule by the Oregon Department of Administrative Services.

(3) An employer may not withhold, deduct or divert any portion of an employee’s wages unless:

(a) The employer is required to do so by law;

(b) The deductions are voluntarily authorized in writing by the employee, are for the employee’s benefit and are recorded in the employer’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 employer’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 (Processing fee) ; 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 (Method of paying employees) ;

(C) The loan was made solely for the employee’s benefit and was not used, either directly or indirectly, for any purpose required by the employer or connected with the employee’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 (Wage exemption) ; and

(E) The deduction is recorded in the employer’s books.

(4) When an employer deducts an amount from an employee’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 663.110 (Employee organization, bargaining rights) ;

(b) Prohibit deductions by checkoff 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 employee’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; 2013 c.369 §5; 2016 c.115 §1; 2019 c.429 §15]

Source: Section 652.610 — Itemized statement of amounts and purposes of deductions; timely payment to recipient of amounts deducted , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 663.220 — OR Code / Title 51 / Chapter 663 / Section 663.220
663.220 Appeal of board’s order to Court of Appeals
Status: in_force

(1) Any person aggrieved by a final order of the Employment Relations Board granting or denying in whole or in part the relief sought may obtain a review of the order in the Court of Appeals by filing in the court a written petition praying that the order of the board be modified or set aside. A copy of the petition shall be transmitted forthwith by the clerk of the court to the board and thereupon the aggrieved party shall file in the court the record in the proceeding, certified by the board.

(2) On the filing of the petition, the court shall proceed in the same manner as in the case of an application by the board under ORS 663.210 (Enforcement of orders by Court of Appeals) , and it has the same jurisdiction to grant to the board temporary relief or restraining order as it considers just and proper, and in like manner to make and enter a judgment enforcing, modifying and enforcing as so modified, or setting aside in whole or in part the order of the board. The findings of the board with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, are in like manner conclusive. [1971 c.729 §28; 2003 c.576 §538]

Source: Section 663.220 — Appeal of board’s order to Court of Appeals; authority of court in reviewing order , https://www.­oregonlegislature.­gov/bills_laws/ors/ors663.­html (accessed May 26, 2025).
ORS § 659a.885 — OR Code / Title 51 / Chapter 659a / Section 659a.885
659A.885 Civil action
Status: in_force

(1) Any person claiming to be aggrieved by an unlawful practice specified in subsection (2) of this section may file a civil action in circuit court. In any action under this subsection, the court may order injunctive relief and any other equitable relief that may be appropriate, including but not limited to reinstatement or the hiring of employees with or without back pay. A court may order back pay in an action under this subsection only for the two-year period immediately preceding the filing of a complaint under ORS 659A.820 (Complaints) with the Commissioner of the Bureau of Labor and Industries, or if a complaint was not filed before the action was commenced, the two-year period immediately preceding the filing of the action. In any action under this subsection, the court may allow the prevailing party costs and reasonable attorney fees at trial and on appeal. Except as provided in subsection (3) of this section:

(a) The judge shall determine the facts in an action under this subsection; and

(b) Upon any appeal of a judgment in an action under this subsection, the appellate court shall review the judgment pursuant to the standard established by ORS 19.415 (Scope of appellate review) (3).

(2) An action may be brought under subsection (1) of this section alleging a violation of:

(a) ORS 10.090 (Prohibited acts by employers against jurors) , 10.092 (Insurance coverage for employee during jury service) , 25.337 (Liability) , 25.424 (Liability of withholder) , 171.120 (Purpose of ORS 171.120 to 171.125) , 243.323 (Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment) , 408.230 (Veterans’ preference in public employment) , 408.237 (Interviews of veteran applicants for public service position required) (2), 468B.519 (Whistleblower protection for employees) , 475C.285 (Whistleblower protection for employees) , 476.574 (Leave of absence for volunteers) , 652.020 (Maximum working hours in certain industries) , 652.220 (Prohibition of discriminatory wage rates based on protected class) , 652.355 (Prohibition of discrimination because of wage claim or refusal to work additional hours) , 653.060 (Discharging or discriminating against employee prohibited) , 653.263 (Overtime for persons employed by seafood processors) , 653.265 (Overtime for persons employed in canneries, driers and packing plants) , 653.547 (Definitions) , 653.549 (Rules) , 653.601 (Definitions for ORS 653.601 to 653.661) to 653.661 (Preemption) , 659.852 (Retaliation against student prohibited) , 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited) , 659A.040 (Discrimination against worker applying for or inquiring about workers’ compensation benefits prohibited) , 659A.043 (Reinstatement of injured worker to former position) , 659A.046 (Reemployment of injured worker in other available and suitable work) , 659A.063 (State to continue group health benefits for injured worker and covered dependents) , 659A.069 (Discrimination against state worker applying for benefits under ORS 659A.060 to 659A.069 prohibited) , 659A.082 (Discrimination against person for service in uniformed service prohibited) , 659A.088 (Violation of ORS 659A.086 as unlawful employment practice) , 659A.103 (Policy) to 659A.145 (Discrimination against individual with disability in real property transactions prohibited) , 659A.147 (Prohibited conduct) , 659A.150 (Definitions for ORS 659A.150 to 659A.186) to 659A.186 (Exclusivity of provisions) , 659A.194 (Denying leave to employee prohibited) , 659A.199 (Prohibited conduct by employer) , 659A.203 (Prohibited conduct by public or nonprofit employer) , 659A.218 (Disclosure of employee’s name without consent prohibited) , 659A.228 (Discrimination for reporting violation of election laws prohibited) , 659A.230 (Discrimination for initiating or aiding in criminal or civil proceedings prohibited) , 659A.233 (Discrimination for reporting certain violations or testifying at unemployment compensation hearing prohibited) , 659A.236 (Discrimination for testifying before Legislative Assembly, committee or task force prohibited) , 659A.250 (Definitions for ORS 659A.250 to 659A.262) to 659A.262 (Warrant on behalf of person entitled to access to housing) , 659A.277 (Denying leave to employee prohibited) , 659A.290 (Prohibited conduct by employer) , 659A.300 (Requiring breathalyzer, polygraph, psychological stress or brain-wave test or genetic test prohibited) , 659A.306 (Requiring employee to pay for medical examination as condition of continued employment prohibited) , 659A.309 (Discrimination solely because of employment of another family member prohibited) , 659A.315 (Restricting use of tobacco in nonworking hours prohibited) , 659A.318 (Discrimination relating to academic degree in theology or religious occupations prohibited) , 659A.320 (Discrimination based on information in credit history prohibited) , 659A.343 (Discrimination based on individual’s presentation of identification other than Real ID prohibited) , 659A.355 (Discrimination based on wage inquiry or wage complaint) , 659A.357 (Restricting salary history inquiries) , 659A.370 (Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) ; or

(b) ORS 653.470 (Retaliation prohibited) , except an action may not be brought for a claim relating to ORS 653.450 (Employee right to input into work schedule) .

(3) In any action under subsection (1) of this section alleging a violation of ORS 25.337 (Liability) , 25.424 (Liability of withholder) , 243.323 (Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment) , 652.220 (Prohibition of discriminatory wage rates based on protected class) , 652.355 (Prohibition of discrimination because of wage claim or refusal to work additional hours) , 653.547 (Definitions) , 653.549 (Rules) , 659.852 (Retaliation against student prohibited) , 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited) , 659A.040 (Discrimination against worker applying for or inquiring about workers’ compensation benefits prohibited) , 659A.043 (Reinstatement of injured worker to former position) , 659A.046 (Reemployment of injured worker in other available and suitable work) , 659A.069 (Discrimination against state worker applying for benefits under ORS 659A.060 to 659A.069 prohibited) , 659A.082 (Discrimination against person for service in uniformed service prohibited) , 659A.103 (Policy) to 659A.145 (Discrimination against individual with disability in real property transactions prohibited) , 659A.199 (Prohibited conduct by employer) , 659A.203 (Prohibited conduct by public or nonprofit employer) , 659A.228 (Discrimination for reporting violation of election laws prohibited) , 659A.230 (Discrimination for initiating or aiding in criminal or civil proceedings prohibited) , 659A.250 (Definitions for ORS 659A.250 to 659A.262) to 659A.262 (Warrant on behalf of person entitled to access to housing) , 659A.290 (Prohibited conduct by employer) , 659A.318 (Discrimination relating to academic degree in theology or religious occupations prohibited) , 659A.343 (Discrimination based on individual’s presentation of identification other than Real ID prohibited) , 659A.355 (Discrimination based on wage inquiry or wage complaint) , 659A.357 (Restricting salary history inquiries) , 659A.370 (Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) :

(a) The court may award, in addition to the relief authorized under subsection (1) of this section, compensatory damages or $200, whichever is greater, and punitive damages;

(b) At the request of any party, the action shall be tried to a jury;

(c) Upon appeal of any judgment finding a violation, the appellate court shall review the judgment pursuant to the standard established by ORS 19.415 (Scope of appellate review) (1); and

(d) Any attorney fee agreement shall be subject to approval by the court.

(4) Notwithstanding ORS 31.730 (Standards for award of punitive damages) , in an action under subsection (1) of this section alleging a violation of ORS 652.220 (Prohibition of discriminatory wage rates based on protected class) , the court may award punitive damages if:

(a) It is proved by clear and convincing evidence that an employer has engaged in fraud, acted with malice or acted with willful and wanton misconduct; or

(b) An employer was previously adjudicated in a proceeding under this section or under ORS 659A.850 (Hearing) for a violation of ORS 652.220 (Prohibition of discriminatory wage rates based on protected class) .

(5) In any action under subsection (1) of this section alleging a violation of ORS 653.060 (Discharging or discriminating against employee prohibited) or 659A.147 (Prohibited conduct) , the court may award, in addition to the relief authorized under subsection (1) of this section, compensatory damages or $200, whichever is greater.

(6) In any action under subsection (1) of this section alleging a violation of ORS 171.120 (Purpose of ORS 171.120 to 171.125) , 476.574 (Leave of absence for volunteers) or 659A.218 (Disclosure of employee’s name without consent prohibited) , the court may award, in addition to the relief authorized under subsection (1) of this section, compensatory damages or $250, whichever is greater.

(7) In any action under subsection (1) of this section alleging a violation of ORS 10.090 (Prohibited acts by employers against jurors) or 10.092 (Insurance coverage for employee during jury service) , the court may award, in addition to the relief authorized under subsection (1) of this section, a civil penalty in the amount of $720.

(8) Any individual against whom any distinction, discrimination or restriction on account of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age, if the individual is 18 years of age or older, has been made by any place of public accommodation, as defined in ORS 659A.400 (Place of public accommodation defined) , by any employee or person acting on behalf of the place or by any person aiding or abetting the place or person in violation of ORS 659A.406 (Aiding or abetting certain discrimination prohibited) may bring an action against the operator or manager of the place, the employee or person acting on behalf of the place or the aider or abettor of the place or person. Notwithstanding subsection (1) of this section, in an action under this subsection:

(a) The court may award, in addition to the relief authorized under subsection (1) of this section, compensatory and punitive damages;

(b) The operator or manager of the place of public accommodation, the employee or person acting on behalf of the place, and any aider or abettor shall be jointly and severally liable for all damages awarded in the action;

(c) At the request of any party, the action shall be tried to a jury;

(d) The court shall award reasonable attorney fees to a prevailing plaintiff;

(e) The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails only if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a trial court; and

(f) Upon any appeal of a judgment under this subsection, the appellate court shall review the judgment pursuant to the standard established by ORS 19.415 (Scope of appellate review) (1).

(9) When the commissioner or the Attorney General has reasonable cause to believe that a person or group of persons is engaged in a pattern or practice of resistance to the rights protected by ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or federal housing law, or that a group of persons has been denied any of the rights protected by ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or federal housing law, the commissioner or the Attorney General may file a civil action on behalf of the aggrieved persons in the same manner as a person or group of persons may file a civil action under this section. In a civil action filed under this subsection, the court may assess against the respondent, in addition to the relief authorized under subsections (1) and (3) of this section, a civil penalty:

(a) In an amount not exceeding $50,000 for a first violation; and

(b) In an amount not exceeding $100,000 for any subsequent violation.

(10) In any action under subsection (1) of this section alleging a violation of ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or alleging discrimination under federal housing law, when the commissioner is pursuing the action on behalf of an aggrieved complainant, the court shall award reasonable attorney fees to the commissioner if the commissioner prevails in the action. The court may award reasonable attorney fees and expert witness fees incurred by a defendant that prevails in the action if the court determines that the commissioner had no objectively reasonable basis for asserting the claim or for appealing an adverse decision of the trial court.

(11) In an action under subsection (1) or (9) of this section alleging a violation of ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or discrimination under federal housing law:

(a) “Aggrieved person” includes a person who believes that the person:

(A) Has been injured by an unlawful practice or discriminatory housing practice; or

(B) Will be injured by an unlawful practice or discriminatory housing practice that is about to occur.

(b) An aggrieved person in regard to issues to be determined in an action may intervene as of right in the action. The Attorney General may intervene in the action if the Attorney General certifies that the case is of general public importance. The court may allow an intervenor prevailing party costs and reasonable attorney fees at trial and on appeal. [2001 c.621 §15; 2003 c.521 §5; 2003 c.522 §1; 2003 c.572 §21; 2003 c.603 §7; 2003 c.637 §18; 2005 c.199 §1; 2007 c.100 §12; 2007 c.180 §8; 2007 c.278 §3; 2007 c.280 §1; 2007 c.525 §4; 2007 c.903 §13; 2008 c.36 §16; 2009 c.378 §4; 2009 c.478 §3; 2009 c.524 §3; 2010 c.102 §3; 2011 c.118 §4; 2011 c.484 §3; 2013 c.519 §8; 2015 c.307 §3; 2015 c.434 §4; 2015 c.457 §5; 2015 c.537 §18; 2015 c.614 §166; 2016 c.73 §5; 2017 c.197 §§9,10; 2017 c.685 §12; 2017 c.691 §13; 2019 c.139 §§5,6; 2019 c.343 §§7,8; 2019 c.463 §§7,8; 2019 c.701 §§12,13; 2021 c.367 §§44,45; 2022 c.99 §§7,8]

Note: The amendments to 659A.885 (Civil action) by section 58, chapter 700, Oregon Laws 2019, become operative January 1, 2025. See section 63, chapter 700, Oregon Laws 2019, as amended by section 1, chapter 30, Oregon Laws 2021, and section 6a, chapter 639, Oregon Laws 2021. The text that is operative on and after January 1, 2025, including amendments by section 46, chapter 367, Oregon Laws 2021, section 9, chapter 99, Oregon Laws 2022, and section 49, chapter 9, Oregon Laws 2023, is set forth for the user’s convenience.

659A.885 (Civil action) . (1) Any person claiming to be aggrieved by an unlawful practice specified in subsection (2) of this section may file a civil action in circuit court. In any action under this subsection, the court may order injunctive relief and any other equitable relief that may be appropriate, including but not limited to reinstatement or the hiring of employees with or without back pay. A court may order back pay in an action under this subsection only for the two-year period immediately preceding the filing of a complaint under ORS 659A.820 (Complaints) with the Commissioner of the Bureau of Labor and Industries, or if a complaint was not filed before the action was commenced, the two-year period immediately preceding the filing of the action. In any action under this subsection, the court may allow the prevailing party costs and reasonable attorney fees at trial and on appeal. Except as provided in subsection (3) of this section:

(a) The judge shall determine the facts in an action under this subsection; and

(b) Upon any appeal of a judgment in an action under this subsection, the appellate court shall review the judgment pursuant to the standard established by ORS 19.415 (Scope of appellate review) (3).

(2) An action may be brought under subsection (1) of this section alleging a violation of:

(a) ORS 10.090 (Prohibited acts by employers against jurors) , 10.092 (Insurance coverage for employee during jury service) , 25.337 (Liability) , 25.424 (Liability of withholder) , 171.120 (Purpose of ORS 171.120 to 171.125) , 243.323 (Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment) , 408.230 (Veterans’ preference in public employment) , 408.237 (Interviews of veteran applicants for public service position required) (2), 468B.519 (Whistleblower protection for employees) , 475C.285 (Whistleblower protection for employees) , 476.574 (Leave of absence for volunteers) , 652.020 (Maximum working hours in certain industries) , 652.220 (Prohibition of discriminatory wage rates based on protected class) , 652.355 (Prohibition of discrimination because of wage claim or refusal to work additional hours) , 653.060 (Discharging or discriminating against employee prohibited) , 653.263 (Overtime for persons employed by seafood processors) , 653.265 (Overtime for persons employed in canneries, driers and packing plants) , 653.547 (Definitions) , 653.549 (Rules) , 653.601 (Definitions for ORS 653.601 to 653.661) to 653.661 (Preemption) , 657B.060 (Job protection) , 657B.070 (Denying leave) , 659.852 (Retaliation against student prohibited) , 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited) , 659A.040 (Discrimination against worker applying for or inquiring about workers’ compensation benefits prohibited) , 659A.043 (Reinstatement of injured worker to former position) , 659A.046 (Reemployment of injured worker in other available and suitable work) , 659A.063 (State to continue group health benefits for injured worker and covered dependents) , 659A.069 (Discrimination against state worker applying for benefits under ORS 659A.060 to 659A.069 prohibited) , 659A.082 (Discrimination against person for service in uniformed service prohibited) , 659A.088 (Violation of ORS 659A.086 as unlawful employment practice) , 659A.103 (Policy) to 659A.145 (Discrimination against individual with disability in real property transactions prohibited) , 659A.147 (Prohibited conduct) , 659A.150 (Definitions for ORS 659A.150 to 659A.186) to 659A.186 (Exclusivity of provisions) , 659A.194 (Denying leave to employee prohibited) , 659A.199 (Prohibited conduct by employer) , 659A.203 (Prohibited conduct by public or nonprofit employer) , 659A.218 (Disclosure of employee’s name without consent prohibited) , 659A.228 (Discrimination for reporting violation of election laws prohibited) , 659A.230 (Discrimination for initiating or aiding in criminal or civil proceedings prohibited) , 659A.233 (Discrimination for reporting certain violations or testifying at unemployment compensation hearing prohibited) , 659A.236 (Discrimination for testifying before Legislative Assembly, committee or task force prohibited) , 659A.250 (Definitions for ORS 659A.250 to 659A.262) to 659A.262 (Warrant on behalf of person entitled to access to housing) , 659A.277 (Denying leave to employee prohibited) , 659A.290 (Prohibited conduct by employer) , 659A.300 (Requiring breathalyzer, polygraph, psychological stress or brain-wave test or genetic test prohibited) , 659A.306 (Requiring employee to pay for medical examination as condition of continued employment prohibited) , 659A.309 (Discrimination solely because of employment of another family member prohibited) , 659A.315 (Restricting use of tobacco in nonworking hours prohibited) , 659A.318 (Discrimination relating to academic degree in theology or religious occupations prohibited) , 659A.320 (Discrimination based on information in credit history prohibited) , 659A.343 (Discrimination based on individual’s presentation of identification other than Real ID prohibited) , 659A.355 (Discrimination based on wage inquiry or wage complaint) , 659A.357 (Restricting salary history inquiries) , 659A.370 (Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) ; or

(b) ORS 653.470 (Retaliation prohibited) , except an action may not be brought for a claim relating to ORS 653.450 (Employee right to input into work schedule) .

(3) In any action under subsection (1) of this section alleging a violation of ORS 25.337 (Liability) , 25.424 (Liability of withholder) , 243.323 (Prohibition against entering into agreement with employee that prevents employee from discussing workplace harassment) , 652.220 (Prohibition of discriminatory wage rates based on protected class) , 652.355 (Prohibition of discrimination because of wage claim or refusal to work additional hours) , 653.547 (Definitions) , 653.549 (Rules) , 657B.060 (Job protection) , 657B.070 (Denying leave) , 659.852 (Retaliation against student prohibited) , 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited) , 659A.040 (Discrimination against worker applying for or inquiring about workers’ compensation benefits prohibited) , 659A.043 (Reinstatement of injured worker to former position) , 659A.046 (Reemployment of injured worker in other available and suitable work) , 659A.069 (Discrimination against state worker applying for benefits under ORS 659A.060 to 659A.069 prohibited) , 659A.082 (Discrimination against person for service in uniformed service prohibited) , 659A.103 (Policy) to 659A.145 (Discrimination against individual with disability in real property transactions prohibited) , 659A.199 (Prohibited conduct by employer) , 659A.203 (Prohibited conduct by public or nonprofit employer) , 659A.228 (Discrimination for reporting violation of election laws prohibited) , 659A.230 (Discrimination for initiating or aiding in criminal or civil proceedings prohibited) , 659A.250 (Definitions for ORS 659A.250 to 659A.262) to 659A.262 (Warrant on behalf of person entitled to access to housing) , 659A.290 (Prohibited conduct by employer) , 659A.318 (Discrimination relating to academic degree in theology or religious occupations prohibited) , 659A.343 (Discrimination based on individual’s presentation of identification other than Real ID prohibited) , 659A.355 (Discrimination based on wage inquiry or wage complaint) , 659A.357 (Restricting salary history inquiries) , 659A.370 (Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) :

(a) The court may award, in addition to the relief authorized under subsection (1) of this section, compensatory damages or $200, whichever is greater, and punitive damages;

(b) At the request of any party, the action shall be tried to a jury;

(c) Upon appeal of any judgment finding a violation, the appellate court shall review the judgment pursuant to the standard established by ORS 19.415 (Scope of appellate review) (1); and

(d) Any attorney fee agreement shall be subject to approval by the court.

(4) Notwithstanding ORS 31.730 (Standards for award of punitive damages) , in an action under subsection (1) of this section alleging a violation of ORS 652.220 (Prohibition of discriminatory wage rates based on protected class) , the court may award punitive damages if:

(a) It is proved by clear and convincing evidence that an employer has engaged in fraud, acted with malice or acted with willful and wanton misconduct; or

(b) An employer was previously adjudicated in a proceeding under this section or under ORS 659A.850 (Hearing) for a violation of ORS 652.220 (Prohibition of discriminatory wage rates based on protected class) .

(5) In any action under subsection (1) of this section alleging a violation of ORS 653.060 (Discharging or discriminating against employee prohibited) or 659A.147 (Prohibited conduct) , the court may award, in addition to the relief authorized under subsection (1) of this section, compensatory damages or $200, whichever is greater.

(6) In any action under subsection (1) of this section alleging a violation of ORS 171.120 (Purpose of ORS 171.120 to 171.125) , 476.574 (Leave of absence for volunteers) or 659A.218 (Disclosure of employee’s name without consent prohibited) , the court may award, in addition to the relief authorized under subsection (1) of this section, compensatory damages or $250, whichever is greater.

(7) In any action under subsection (1) of this section alleging a violation of ORS 10.090 (Prohibited acts by employers against jurors) or 10.092 (Insurance coverage for employee during jury service) , the court may award, in addition to the relief authorized under subsection (1) of this section, a civil penalty in the amount of $720.

(8) Any individual against whom any distinction, discrimination or restriction on account of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age, if the individual is 18 years of age or older, has been made by any place of public accommodation, as defined in ORS 659A.400 (Place of public accommodation defined) , by any employee or person acting on behalf of the place or by any person aiding or abetting the place or person in violation of ORS 659A.406 (Aiding or abetting certain discrimination prohibited) may bring an action against the operator or manager of the place, the employee or person acting on behalf of the place or the aider or abettor of the place or person. Notwithstanding subsection (1) of this section, in an action under this subsection:

(a) The court may award, in addition to the relief authorized under subsection (1) of this section, compensatory and punitive damages;

(b) The operator or manager of the place of public accommodation, the employee or person acting on behalf of the place, and any aider or abettor shall be jointly and severally liable for all damages awarded in the action;

(c) At the request of any party, the action shall be tried to a jury;

(d) The court shall award reasonable attorney fees to a prevailing plaintiff;

(e) The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails only if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a trial court; and

(f) Upon any appeal of a judgment under this subsection, the appellate court shall review the judgment pursuant to the standard established by ORS 19.415 (Scope of appellate review) (1).

(9) When the commissioner or the Attorney General has reasonable cause to believe that a person or group of persons is engaged in a pattern or practice of resistance to the rights protected by ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or federal housing law, or that a group of persons has been denied any of the rights protected by ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or federal housing law, the commissioner or the Attorney General may file a civil action on behalf of the aggrieved persons in the same manner as a person or group of persons may file a civil action under this section. In a civil action filed under this subsection, the court may assess against the respondent, in addition to the relief authorized under subsections (1) and (3) of this section, a civil penalty:

(a) In an amount not exceeding $50,000 for a first violation; and

(b) In an amount not exceeding $100,000 for any subsequent violation.

(10) In any action under subsection (1) of this section alleging a violation of ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or alleging discrimination under federal housing law, when the commissioner is pursuing the action on behalf of an aggrieved complainant, the court shall award reasonable attorney fees to the commissioner if the commissioner prevails in the action. The court may award reasonable attorney fees and expert witness fees incurred by a defendant that prevails in the action if the court determines that the commissioner had no objectively reasonable basis for asserting the claim or for appealing an adverse decision of the trial court.

(11) In an action under subsection (1) or (9) of this section alleging a violation of ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) or 659A.421 (Discrimination in selling, renting or leasing real property prohibited) or discrimination under federal housing law:

(a) “Aggrieved person” includes a person who believes that the person:

(A) Has been injured by an unlawful practice or discriminatory housing practice; or

(B) Will be injured by an unlawful practice or discriminatory housing practice that is about to occur.

(b) An aggrieved person in regard to issues to be determined in an action may intervene as of right in the action. The Attorney General may intervene in the action if the Attorney General certifies that the case is of general public importance. The court may allow an intervenor prevailing party costs and reasonable attorney fees at trial and on appeal.

Source: Section 659A.885 — Civil action , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 659a.285 — OR Code / Title 51 / Chapter 659a / Section 659a.285
659A.285 Use of paid leave
Status: in_force

(1) Except as provided in subsections (2) and (3) of this section, and unless otherwise provided by the terms of an agreement between the eligible employee and the covered employer, a collective bargaining agreement or an employer policy, a covered employer is not required to grant leave with pay to an eligible employee under ORS 659A.272 (Employer required to provide leave) .

(2) An eligible employee who takes leave pursuant to ORS 659A.272 (Employer required to provide leave) may use any paid accrued vacation leave, any accrued sick leave or personal business leave, or any other paid leave that is offered by the covered employer in lieu of vacation leave during the period of leave.

(3) Subject to the terms of any agreement between the eligible employee and the covered employer or the terms of a collective bargaining agreement or an employer policy, the covered employer may determine the order in which paid accrued leave is to be used when more than one type of paid accrued leave is available to the employee. [2007 c.180 §7; 2015 c.352 §1]

Source: Section 659A.285 — Use of paid leave , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 657.682 — OR Code / Title 51 / Chapter 657 / Section 657.682
657.682 Assessments against reorganized business entity
Status: in_force

(1) As used in this section, “reorganized business entity” means a business entity that, while operating substantially the same business as the employer, has been converted to a different form of business entity from that of the employer or has changed ownership from that of the employer, except that a business entity is not a “reorganized business entity” solely because of a transfer of assets or because of a transfer of an interest of an investor who has no right to manage the business entity, including, but not limited to, the interest of:

(a) A person that is solely a minority shareholder in a corporation;

(b) A member of a manager-managed limited liability company; and

(c) A limited partner of a limited partnership that does not participate in the control of the business of the limited partnership.

(2) For any amounts owed by an employer for contributions or interest assessed under ORS 657.681 (Computation and assessment of employer contributions and interest) or for taxes, interest or penalties that may be collected under ORS 657.642 (Alternative remedies for collection of taxes, interest and penalties) , the Director of the Employment Department may transfer those amounts to and assess those amounts against a reorganized business entity.

(3) For the purposes of this section, factors the director may consider when determining if a business entity is operating substantially the same business as the employer include, but are not limited to, whether the business entity:

(a) Operates from the same physical location as did the employer owing the debt.

(b) Provides the same services or manufactures the same products as did the employer owing the debt.

(c) Has one or more of the same:

(A) Corporate directors or officers as did the employer owing the debt.

(B) Owners or holders of a direct or indirect interest in the employer as did the employer owing the debt.

(4) A reorganized business entity against which an amount is assessed under this section may appeal the assessment by filing with the director an application for hearing under ORS 657.683 (Hearings on actions under ORS 657.480, 657.679, 657.681 and 657.682) within 20 days after the mailing of a written notice of the assessment to the last-known address of the reorganized business entity of record with the director. [2005 c.214 §2]

Note: 657.682 (Assessments against reorganized business entity) was added to and made a part of ORS chapter 657 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 657.682 — Assessments against reorganized business entity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 652.210 — OR Code / Title 51 / Chapter 652 / Section 652.210
652.210 Definitions for ORS 652.210 to 652.235
Status: in_force

As used in ORS 652.210 (Definitions for ORS 652.210 to 652.235) to 652.235 (Motion to disallow award of compensatory and punitive damages) , unless the context requires otherwise:

(1) Intentionally left blank —Ed.

(a) “Compensation” includes wages, salary, bonuses, benefits, fringe benefits and equity-based compensation.

(b) “Compensation” does not include vaccine incentives.

(2) “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.

(3) Intentionally left blank —Ed.

(a) “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.

(b) “Employer” does not include the federal government.

(4) “Equal-pay analysis” means an evaluation process to assess and correct wage disparities among employees who perform work of comparable character.

(5) “Gender identity” has the meaning given that term in ORS 174.100 (Definitions) .

(6) “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, veteran status, disability or age.

(7) “Public health emergency” means:

(a) A public health emergency declared under ORS 433.441 (Declaration of public health emergency) .

(b) An emergency declared under ORS 401.165 (Declaration of state of emergency) if related to a public health emergency as defined in ORS 433.442 (Definitions for ORS 433.441 to 433.452) .

(8) “Rate” with reference to wages means:

(a) The basis of compensation for services by an employee for an employer; and

(b) 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.

(9) “Sexual orientation” has the meaning given that term in ORS 174.100 (Definitions) .

(10) “System” means a consistent and verifiable method in use at the time that a violation is alleged under ORS 652.220 (Prohibition of discriminatory wage rates based on protected class) .

(11) “Unpaid wages” means the difference between the wages actually paid to an employee and the wages required under ORS 652.220 (Prohibition of discriminatory wage rates based on protected class) to be paid to the employee.

(12) “Vaccine incentives” means monetary or nonmonetary incentives, including but not limited to additional paid time off or protected time off from work provided by employers to employees who have been immunized against infectious diseases for which a public health emergency has been declared.

(13) “Veteran status” means an individual is a veteran as defined in ORS 408.225 (Definitions for ORS 408.225 to 408.237) .

(14) “Wages” means all compensation for performance of service by an employee for an employer, whether paid by the employer or another person, or paid in cash or any medium other than cash.

(15) “Working conditions” includes work environment, hours, time of day, physical surroundings and potential hazards encountered by an employee.

(16) “Work of comparable character” means work that requires substantially similar knowledge, skill, effort, responsibility and working conditions in the performance of work, regardless of job description or job title. [1955 c.193 §1; 1985 c.100 §1; 1987 c.158 §124; 1993 c.739 §25; 2005 c.22 §457; 2017 c.197 §1; 2019 c.617 §1; 2021 c.363 §§2,3,4; 2021 c.367 §29; 2022 c.23 §§1,2]

Source: Section 652.210 — Definitions for ORS 652.210 to 652.235 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 656.850 — OR Code / Title 51 / Chapter 656 / Section 656.850
656.850 License
Status: in_force

(1) As used in this section and ORS 656.018 (Effect of providing coverage) , 656.403 (Obligations of self-insured employer) , 656.855 (Licensing system for worker leasing companies) and 737.270 (Determination of workers’ compensation premiums for worker leasing company) :

(a) “Worker leasing company” means a person who provides workers, by contract and for a fee, to work for a client but does not include a person who provides workers to a client on a temporary basis.

(b) “Temporary basis” means providing workers to a client for special situations such as to cover employee absences, employee leaves, professional skill shortages, seasonal workloads and special assignments and projects with the expectation that the position or positions will be terminated upon completion of the special situation. Workers also are provided on a temporary basis if they are provided as probationary new hires with a reasonable expectation of transitioning to permanent employment with the client and the client uses a preestablished probationary period in its overall employment selection program.

(c) “Temporary service provider” means a person who provides workers, by contract and for a fee, to a client on a temporary basis.

(2) No person shall perform services as a worker leasing company in this state without first having obtained a license therefor from the Director of the Department of Consumer and Business Services. No person required by this section to obtain a license shall fail to comply with this section or ORS 656.855 (Licensing system for worker leasing companies) , or any rule adopted pursuant thereto.

(3) When a worker leasing company provides workers to a client, the worker leasing company shall satisfy the requirements of ORS 656.017 (Employer required to pay compensation and perform other duties) and 656.407 (Qualifications of insured employers) and provide workers’ compensation coverage for those workers and any subject workers employed by the client unless during the term of the lease arrangement the client has proof of coverage on file with the director that extends coverage to subject workers employed by the client and any workers leased by the client. If the client allows the coverage to expire and continues to employ subject workers or has leased workers, the client shall be considered a noncomplying employer unless the worker leasing company has complied with subsection (5) of this section.

(4) When a worker leasing company provides workers for a client, the worker leasing company shall assure that the client provides adequate training, supervision and instruction for those workers to meet the requirements of ORS chapter 654.

(5) When a worker leasing company provides subject workers to work for a client and also provides workers’ compensation coverage for those workers, the worker leasing company shall notify the director in writing. The notification shall be given in such manner as the director may prescribe. A worker leasing company may terminate its obligation to provide workers’ compensation coverage for workers provided to a client by giving to the client and the director written notice of the termination. A notice of termination shall state the effective date and hour of the termination, but the termination shall be effective not less than 30 days after the notice is received by the director. Notice to the client under this section shall be given by mail, addressed to the client at the client’s last-known address. If the client is a partnership, notice may be given to any of the partners. If the client is a corporation, notice may be given to any agent or officer of the corporation upon whom legal process may be served. [1993 c.628 §2; 1997 c.491 §4; 2007 c.241 §20]

Source: Section 656.850 — License; compliance with workers’ compensation and safety laws , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 656.802 — OR Code / Title 51 / Chapter 656 / Section 656.802
656.802 Occupational disease
Status: in_force

"Because of [the cancer risk], Oregon law presumes that cancer is an 'on-the-job' injury for firefighters, making them eligible for workers' compensation." Bibliographic info

(1) Intentionally left blank —Ed.

(a) As used in this chapter, “occupational disease” means any disease or infection arising out of and in the course of employment caused by substances or activities to which an employee is not ordinarily subjected or exposed other than during a period of regular actual employment therein, and which requires medical services or results in disability or death, including:

(A) Any disease or infection caused by ingestion of, absorption of, inhalation of or contact with dust, fumes, vapors, gases, radiation or other substances.

(B) Any mental disorder, whether sudden or gradual in onset, which requires medical services or results in physical or mental disability or death.

(C) Any series of traumatic events or occurrences which requires medical services or results in physical disability or death.

(b) As used in this chapter, “mental disorder” includes any physical disorder caused or worsened by mental stress.

(2) Intentionally left blank —Ed.

(a) The worker must prove that employment conditions were the major contributing cause of the disease.

(b) If the occupational disease claim is based on the worsening of a preexisting disease or condition pursuant to ORS 656.005 (Definitions) (7), the worker must prove that employment conditions were the major contributing cause of the combined condition and pathological worsening of the disease.

(c) Occupational diseases shall be subject to all of the same limitations and exclusions as accidental injuries under ORS 656.005 (Definitions) (7).

(d) Existence of an occupational disease or worsening of a preexisting disease must be established by medical evidence supported by objective findings.

(e) Preexisting conditions shall be deemed causes in determining major contributing cause under this section.

(3) Notwithstanding any other provision of this chapter, a mental disorder is not compensable under this chapter unless the worker establishes all of the following:

(a) The employment conditions producing the mental disorder exist in a real and objective sense.

(b) The employment conditions producing the mental disorder are conditions other than conditions generally inherent in every working situation or reasonable disciplinary, corrective or job performance evaluation actions by the employer, or cessation of employment or employment decisions attendant upon ordinary business or financial cycles.

(c) There is a diagnosis of a mental or emotional disorder which is generally recognized in the medical or psychological community.

(d) There is clear and convincing evidence that the mental disorder arose out of and in the course of employment.

(4) Intentionally left blank —Ed.

(a) Death, disability or impairment of health of firefighters of any political division who have completed five or more years of employment as firefighters, caused by any disease of the lungs or respiratory tract, hypertension or cardiovascular-renal disease, and resulting from their employment as firefighters is an “occupational disease.” Any condition or impairment of health arising under this subsection shall be presumed to result from a firefighter’s employment. However, any such firefighter must have taken a physical examination upon becoming a firefighter, or subsequently thereto, which failed to reveal any evidence of such condition or impairment of health which preexisted employment. Denial of a claim for any condition or impairment of health arising under this subsection must be on the basis of clear and convincing medical evidence that the cause of the condition or impairment is unrelated to the firefighter’s employment.

(b) Notwithstanding ORS 656.027 (Who are subject workers) (6), a city that provides a disability or retirement system for firefighters by ordinance or charter that is not subject to this chapter, when accepting and processing claims for death, disability or impairment of health from firefighters covered by the disability or retirement system, shall apply:

(A) The provisions of this subsection; and

(B) For claims filed under this subsection, the time limitations for filing claims that are set forth in ORS 656.807 (Time for filing of claims for occupational disease) (1) and (2).

(5) Intentionally left blank —Ed.

(a) Death, disability or impairment of health of a nonvolunteer firefighter employed by a political division or subdivision who has completed five or more years of employment as a nonvolunteer firefighter is an occupational disease if the death, disability or impairment of health:

(A) Is caused by brain cancer, colon cancer, stomach cancer, testicular cancer, prostate cancer, multiple myeloma, non-Hodgkin’s lymphoma, cancer of the throat or mouth, rectal cancer, breast cancer, leukemia, bladder cancer or gynecologic cancer of the uterus, fallopian tubes, ovaries, cervix, vagina or vulva;

(B) Results from the firefighter’s employment as a nonvolunteer firefighter; and

(C) Is first diagnosed by a physician after July 1, 2009.

(b) Any condition or impairment of health arising under this subsection is presumed to result from the firefighter’s employment. Denial of a claim for any condition or impairment of health arising under this subsection must be on the basis of clear and convincing medical evidence that the condition or impairment was not caused or contributed to in material part by the firefighter’s employment.

(c) Notwithstanding paragraph (b) of this subsection, the presumption established under paragraph (b) of this subsection may be rebutted by clear and convincing evidence that the use of tobacco by the nonvolunteer firefighter is the major contributing cause of the cancer.

(d) The presumption established under paragraph (b) of this subsection does not apply to prostate cancer if the cancer is first diagnosed by a physician after the firefighter has reached the age of 55. However, nothing in this paragraph affects the right of a firefighter to establish the compensability of prostate cancer without benefit of the presumption.

(e) The presumption established under paragraph (b) of this subsection does not apply to claims filed more than 84 months following the termination of the nonvolunteer firefighter’s employment as a nonvolunteer firefighter. However, nothing in this paragraph affects the right of a firefighter to establish the compensability of the cancer without benefit of the presumption.

(f) The presumption established under paragraph (b) of this subsection does not apply to volunteer firefighters.

(g) Nothing in this subsection affects the provisions of subsection (4) of this section.

(h) For purposes of this subsection, “nonvolunteer firefighter” means a firefighter who performs firefighting services and receives salary, hourly wages equal to or greater than the state minimum wage, or other compensation except for room, board, lodging, housing, meals, stipends, reimbursement for expenses or nominal payments for time and travel, regardless of whether any such compensation is subject to federal, state or local taxation. “Nominal payments for time and travel” includes, but is not limited to, payments for on-call time or time spent responding to a call or similar noncash benefits.

(6) Notwithstanding ORS 656.027 (Who are subject workers) (6), any city providing a disability and retirement system by ordinance or charter for firefighters and police officers not subject to this chapter shall apply the presumptions established under subsection (5) of this section when processing claims for firefighters covered by the system.

(7) Intentionally left blank —Ed.

(a) As used in this subsection:

(A) “Acute stress disorder” has the meaning given that term in the DSM-5.

(B) “Covered employee” means an individual who, on the date a claim is filed under this chapter:

(i) Was employed for at least five years by, or experienced a single traumatic event that satisfies the criteria set forth in the DSM-5 as Criterion A for diagnosing post-traumatic stress disorder while employed by, the state, a political subdivision of the state, a special government body, as defined in ORS 174.117 (“Special government body” defined) , or a public agency in any of these occupations:

(I) A full-time paid firefighter;

(II) A full-time paid emergency medical services provider;

(III) A full-time paid police officer;

(IV) A full-time paid corrections officer or youth correction officer;

(V) A full-time paid parole and probation officer; or

(VI) A full-time paid emergency dispatcher or 9-1-1 emergency operator; and

(ii) Remains employed in an occupation listed in sub-subparagraph (i) of this subparagraph or separated from employment in the occupation not more than seven years previously.

(C) “DSM-5” means the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.

(D) “Post-traumatic stress disorder” has the meaning given that term in the DSM-5.

(E) “Psychiatrist” means a psychiatrist whom the Oregon Medical Board has licensed and certified as eligible to diagnose the conditions described in this subsection.

(F) “Psychologist” means a licensed psychologist, as defined in ORS 675.010 (Definitions for ORS 675.010 to 675.150) , whom the Oregon Board of Psychology has certified as eligible to diagnose the conditions described in this subsection.

(b) Notwithstanding subsections (2) and (3) of this section, if a covered employee establishes through a preponderance of persuasive medical evidence from a psychiatrist or psychologist that the covered employee has more likely than not satisfied the diagnostic criteria in the DSM-5 for post-traumatic stress disorder or acute stress disorder, any resulting death, disability or impairment of health of the covered employee shall be presumed to be compensable as an occupational disease. An insurer or self-insured employer may rebut the presumption only by establishing through clear and convincing medical evidence that duties as a covered employee were not of real importance or great consequence in causing the diagnosed condition.

(c) An insurer’s or self-insured employer’s acceptance of a claim of post-traumatic stress disorder or acute stress disorder under this subsection, whether the acceptance was voluntary or was a result of a judgment or order, does not preclude the insurer or the self-insured employer from later denying the current compensability of the claim if exposure as a covered employee to trauma that meets the diagnostic criteria set forth as Criterion A in the DSM-5 for post-traumatic stress disorder or acute stress disorder ceases being of real importance or great consequence in causing the disability, impairment of health or a need for treatment.

(d) An insurer or self-insured employer may deny a claim under paragraph (c) of this subsection only on the basis of clear and convincing medical evidence.

(e) Notwithstanding ORS 656.027 (Who are subject workers) (6), a city that provides a disability or retirement system for firefighters and police officers by ordinance or charter that is not subject to this chapter, when accepting and processing claims for death, disability or impairment of health from firefighters and police officers covered by the disability or retirement system, shall apply:

(A) The provisions of this subsection; and

(B) For claims filed under this subsection, the time limitations for filing claims that are set forth in ORS 656.807 (Time for filing of claims for occupational disease) (1) and (2). [Amended by 1959 c.351 §1; 1961 c.583 §1; 1973 c.543 §1; 1977 c.734 §1; 1983 c.236 §1; 1987 c.713 §4; 1990 c.2 §43; 1995 c.332 §56; 2009 c.24 §1; 2019 c.372 §1; 2021 c.124 §1; 2022 c.8 §1]

Source: Section 656.802 — Occupational disease; mental disorder; presumptions as to stress disorders; proof , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 656.262 — OR Code / Title 51 / Chapter 656 / Section 656.262
656.262 Processing of claims and payment of compensation
Status: in_force

(1) Processing of claims and providing compensation for a worker shall be the responsibility of the insurer or self-insured employer. All employers shall assist their insurers in processing claims as required in this chapter.

(2) The compensation due under this chapter shall be paid periodically, promptly and directly to the person entitled thereto upon the employer’s receiving notice or knowledge of a claim, except where the right to compensation is denied by the insurer or self-insured employer.

(3) Intentionally left blank —Ed.

(a) Employers shall, immediately and not later than five days after notice or knowledge of any claims or accidents which may result in a compensable injury claim, report the same to their insurer. The report shall include:

(A) The date, time, cause and nature of the accident and injuries.

(B) Whether the accident arose out of and in the course of employment.

(C) Whether the employer recommends or opposes acceptance of the claim, and the reasons therefor.

(D) The name and address of any health insurance provider for the injured worker.

(E) Any other details the insurer may require.

(b) Failure to so report subjects the offending employer to a charge for reimbursing the insurer for any penalty the insurer is required to pay under subsection (11) of this section because of such failure. As used in this subsection, “health insurance” has the meaning for that term provided in ORS 731.162 (“Health insurance.”) .

(4) Intentionally left blank —Ed.

(a) The first installment of temporary disability compensation shall be paid no later than the 14th day after the subject employer has notice or knowledge of the claim and of the worker’s disability, if the attending physician or nurse practitioner authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) authorizes the payment of temporary disability compensation. Thereafter, temporary disability compensation shall be paid at least once each two weeks, except where the Director of the Department of Consumer and Business Services determines that payment in installments should be made at some other interval. The director may by rule convert monthly benefit schedules to weekly or other periodic schedules.

(b) Notwithstanding any other provision of this chapter, if a self-insured employer pays to an injured worker who becomes disabled the same wage at the same pay interval that the worker received at the time of injury, such payment shall be deemed timely payment of temporary disability payments pursuant to ORS 656.210 (Temporary total disability) and 656.212 (Temporary partial disability) during the time the wage payments are made.

(c) Notwithstanding any other provision of this chapter, when the holder of a public office is injured in the course and scope of that public office, full official salary paid to the holder of that public office shall be deemed timely payment of temporary disability payments pursuant to ORS 656.210 (Temporary total disability) and 656.212 (Temporary partial disability) during the time the wage payments are made. As used in this subsection, “public office” has the meaning for that term provided in ORS 260.005 (Definitions) .

(d) Temporary disability compensation is not due and payable for any period of time for which the insurer or self-insured employer has requested from the worker’s attending physician or nurse practitioner authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) verification of the worker’s inability to work resulting from the claimed injury or disease and the physician or nurse practitioner cannot verify the worker’s inability to work, unless the worker has been unable to receive treatment for reasons beyond the worker’s control.

(e) If a worker fails to appear at an appointment with the worker’s attending physician or nurse practitioner authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) , the insurer or self-insured employer shall notify the worker by certified mail that temporary disability benefits may be suspended after the worker fails to appear at a rescheduled appointment. If the worker fails to appear at a rescheduled appointment, the insurer or self-insured employer may suspend payment of temporary disability benefits to the worker until the worker appears at a subsequent rescheduled appointment.

(f) If the insurer or self-insured employer has requested and failed to receive from the worker’s attending physician or nurse practitioner authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) verification of the worker’s inability to work resulting from the claimed injury or disease, medical services provided by the attending physician or nurse practitioner are not compensable until the attending physician or nurse practitioner submits such verification.

(g) Intentionally left blank —Ed.

(A) Temporary disability compensation is not due and payable pursuant to ORS 656.268 (Claim closure) after the worker’s attending physician or nurse practitioner authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) ceases to authorize temporary disability or for any period of time not authorized by the attending physician or nurse practitioner. No authorization of temporary disability compensation by the attending physician or nurse practitioner under ORS 656.268 (Claim closure) shall be effective to retroactively authorize the payment of temporary disability more than 45 days prior to its issuance.

(B) Subparagraph (A) of this paragraph does not apply:

(i) During periods in which there is a denial under the jurisdiction of the Workers’ Compensation Board that affects the worker’s ability to obtain authorization of temporary disability;

(ii) During periods in which there is a dispute over the identity of, or treatment by, an attending physician or nurse practitioner that affects the worker’s ability to obtain authorization of temporary disability; or

(iii) When notice has not been given pursuant to paragraph (j) of this subsection.

(h) The worker’s disability may be authorized only by a person described in ORS 656.005 (Definitions) (12)(b)(B) or 656.245 (Medical services to be provided) for the period of time permitted by those sections. The insurer or self-insured employer may unilaterally suspend payment of temporary disability benefits to the worker at the expiration of the period until temporary disability is reauthorized by an attending physician or nurse practitioner authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) .

(i) The insurer or self-insured employer may unilaterally suspend payment of all compensation to a worker enrolled in a managed care organization if the worker continues to seek care from an attending physician or nurse practitioner authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) that is not authorized by the managed care organization more than seven days after the mailing of notice by the insurer or self-insured employer.

(j) Intentionally left blank —Ed.

(A) The insurer or self-insured employer may not end temporary disability benefits until written notice has been mailed or delivered to the worker and the worker’s attorney, if the worker is represented. The notice must state the reason that temporary disability benefits are no longer due and payable.

(B) The worker’s attending physician or nurse practitioner may retroactively authorize temporary disability for up to 45 days prior to the date of the notice.

(C) If the notice required under subparagraph (A) of this paragraph is given more than 45 days after the worker was no longer eligible for benefits, the attending physician or nurse practitioner may retroactively authorize temporary disability back to the date on which benefits were no longer due and payable, provided the authorization is made within 30 days following the earlier of the date of mailing or delivery of the written notice that the eligibility ended to the worker and the worker’s attorney, if the worker is represented.

(5) Intentionally left blank —Ed.

(a) Payment of compensation under subsection (4) of this section or payment, in amounts per claim not to exceed the maximum amount established annually by the Director of the Department of Consumer and Business Services, for medical services for nondisabling claims, may be made by the subject employer if the employer so chooses. The making of such payments does not constitute a waiver or transfer of the insurer’s duty to determine entitlement to benefits. If the employer chooses to make such payment, the employer shall report the injury to the insurer in the same manner that other injuries are reported. However, an insurer shall not modify an employer’s experience rating or otherwise make charges against the employer for any medical expenses paid by the employer pursuant to this subsection.

(b) To establish the maximum amount an employer may pay for medical services for nondisabling claims under paragraph (a) of this subsection, the director shall use $1,500 as the base compensation amount and shall adjust the base compensation amount annually to reflect changes in the United States City Average Consumer Price Index for All Urban Consumers for Medical Care for July of each year as published by the Bureau of Labor Statistics of the United States Department of Labor. The adjustment shall be rounded to the nearest multiple of $100.

(c) The adjusted amount established under paragraph (b) of this subsection shall be effective on January 1 following the establishment of the amount and shall apply to claims with a date of injury on or after the effective date of the adjusted amount.

(6) Intentionally left blank —Ed.

(a) Written notice of acceptance or denial of the claim shall be furnished to the claimant by the insurer or self-insured employer within 60 days after the employer has notice or knowledge of the claim. Once the claim is accepted, the insurer or self-insured employer shall not revoke acceptance except as provided in this section. The insurer or self-insured employer may revoke acceptance and issue a denial at any time when the denial is for fraud, misrepresentation or other illegal activity by the worker. If the worker requests a hearing on any revocation of acceptance and denial alleging fraud, misrepresentation or other illegal activity, the insurer or self-insured employer has the burden of proving, by a preponderance of the evidence, such fraud, misrepresentation or other illegal activity. Upon such proof, the worker then has the burden of proving, by a preponderance of the evidence, the compensability of the claim. If the insurer or self-insured employer accepts a claim in good faith, in a case not involving fraud, misrepresentation or other illegal activity by the worker, and later obtains evidence that the claim is not compensable or evidence that the insurer or self-insured employer is not responsible for the claim, the insurer or self-insured employer may revoke the claim acceptance and issue a formal notice of claim denial, if such revocation of acceptance and denial is issued no later than two years after the date of the initial acceptance. If the worker requests a hearing on such revocation of acceptance and denial, the insurer or self-insured employer must prove, by a preponderance of the evidence, that the claim is not compensable or that the insurer or self-insured employer is not responsible for the claim. Notwithstanding any other provision of this chapter, if a denial of a previously accepted claim is set aside by an Administrative Law Judge, the Workers’ Compensation Board or the court, temporary total disability benefits are payable from the date any such benefits were terminated under the denial. Except as provided in ORS 656.247 (Payment for medical services prior to claim acceptance or denial) , pending acceptance or denial of a claim, compensation payable to a claimant does not include the costs of medical benefits or funeral expenses. The insurer shall also furnish the employer a copy of the notice of acceptance.

(b) The notice of acceptance shall:

(A) Specify what conditions are compensable.

(B) Advise the claimant whether the claim is considered disabling or nondisabling.

(C) Inform the claimant of the Expedited Claim Service and of the hearing and aggravation rights concerning nondisabling injuries, including the right to object to a decision that the injury of the claimant is nondisabling by requesting reclassification pursuant to ORS 656.277 (Request for reclassification of nondisabling claim) .

(D) Inform the claimant of employment reinstatement rights and responsibilities under ORS chapter 659A.

(E) Inform the claimant of assistance available to employers and workers from the Reemployment Assistance Program under ORS 656.622 (Reemployment Assistance Program) .

(F) Be modified by the insurer or self-insured employer from time to time as medical or other information changes a previously issued notice of acceptance.

(c) An insurer’s or self-insured employer’s acceptance of a combined or consequential condition under ORS 656.005 (Definitions) (7), whether voluntary or as a result of a judgment or order, shall not preclude the insurer or self-insured employer from later denying the combined or consequential condition if the otherwise compensable injury ceases to be the major contributing cause of the combined or consequential condition.

(d) An injured worker who believes that a condition has been incorrectly omitted from a notice of acceptance, or that the notice is otherwise deficient, first must communicate in writing to the insurer or self-insured employer the worker’s objections to the notice pursuant to ORS 656.267 (Claims for new and omitted medical conditions) . The insurer or self-insured employer has 60 days from receipt of the communication from the worker to revise the notice or to make other written clarification in response. A worker who fails to comply with the communication requirements of this paragraph or ORS 656.267 (Claims for new and omitted medical conditions) may not allege at any hearing or other proceeding on the claim a de facto denial of a condition based on information in the notice of acceptance from the insurer or self-insured employer. Notwithstanding any other provision of this chapter, the worker may initiate objection to the notice of acceptance at any time.

(7) Intentionally left blank —Ed.

(a) After claim acceptance, written notice of acceptance or denial of claims for aggravation or new medical or omitted condition claims properly initiated pursuant to ORS 656.267 (Claims for new and omitted medical conditions) shall be furnished to the claimant by the insurer or self-insured employer within 60 days after the insurer or self-insured employer receives written notice of such claims. A worker who fails to comply with the communication requirements of subsection (6) of this section or ORS 656.267 (Claims for new and omitted medical conditions) may not allege at any hearing or other proceeding on the claim a de facto denial of a condition based on information in the notice of acceptance from the insurer or self-insured employer.

(b) Once a worker’s claim has been accepted, the insurer or self-insured employer must issue a written denial to the worker when the accepted injury is no longer the major contributing cause of the worker’s combined condition before the claim may be closed.

(c) When an insurer or self-insured employer determines that the claim qualifies for claim closure, the insurer or self-insured employer shall issue at claim closure an updated notice of acceptance that specifies which conditions are compensable. The procedures specified in subsection (6)(d) of this section apply to this notice. Any objection to the updated notice or appeal of denied conditions shall not delay claim closure pursuant to ORS 656.268 (Claim closure) . If a condition is found compensable after claim closure, the insurer or self-insured employer shall reopen the claim for processing regarding that condition.

(8) The assigned claims agent in processing claims under ORS 656.054 (Claim of injured worker of noncomplying employer) shall send notice of acceptance or denial to the noncomplying employer.

(9) If an insurer or any other duly authorized agent of the employer for such purpose, on record with the Director of the Department of Consumer and Business Services denies a claim for compensation, written notice of such denial, stating the reason for the denial, and informing the worker of the Expedited Claim Service and of hearing rights under ORS 656.283 (Hearing rights and procedure) , shall be given to the claimant. The insurer shall issue a copy of the notice of denial to the employer. The insurer shall notify the director of the denial in the manner the director prescribes by rule. The worker may request a hearing pursuant to ORS 656.319 (Time within which hearing must be requested) .

(10) Merely paying or providing compensation shall not be considered acceptance of a claim or an admission of liability, nor shall mere acceptance of such compensation be considered a waiver of the right to question the amount thereof. Payment of permanent disability benefits pursuant to a notice of closure, reconsideration order or litigation order, or the failure to appeal or seek review of such an order or notice of closure, shall not preclude an insurer or self-insured employer from subsequently contesting the compensability of the condition rated therein, unless the condition has been formally accepted.

(11) Intentionally left blank —Ed.

(a) If the insurer or self-insured employer unreasonably delays or unreasonably refuses to pay compensation, attorney fees or costs, or unreasonably delays acceptance or denial of a claim, the insurer or self-insured employer shall be liable for an additional amount up to 25 percent of the amounts then due plus any attorney fees assessed under this section. The fees assessed by the director, an Administrative Law Judge, the board or the court under this section shall be reasonable attorney fees. In assessing fees, the director, an Administrative Law Judge, the board or the court shall consider the proportionate benefit to the injured worker. The board shall adopt rules for establishing the amount of the attorney fee, giving primary consideration to the results achieved and to the time devoted to the case. An attorney fee awarded pursuant to this subsection may not exceed $4,000 absent a showing of extraordinary circumstances. The maximum attorney fee awarded under this paragraph shall be adjusted annually on July 1 by the same percentage increase as made to the average weekly wage defined in ORS 656.211 (“Average weekly wage” defined) , if any. Notwithstanding any other provision of this chapter, the director shall have exclusive jurisdiction over proceedings regarding solely the assessment and payment of the additional amount and attorney fees described in this subsection. The action of the director and the review of the action taken by the director shall be subject to review under ORS 656.704 (Actions and orders regarding matters concerning claim and matters other than matters concerning claim) .

(b) When the director does not have exclusive jurisdiction over proceedings regarding the assessment and payment of the additional amount and attorney fees described in this subsection, the provisions of this subsection shall apply in the other proceeding.

(12) Intentionally left blank —Ed.

(a) If payment is due on a disputed claim settlement authorized by ORS 656.289 (Orders of Administrative Law Judge) and the insurer or self-insured employer has failed to make the payment in accordance with the requirements specified in the disputed claim settlement, the claimant or the claimant’s attorney shall clearly notify the insurer or self-insured employer in writing that the payment is past due. If the required payment is not made within five business days after receipt of the notice by the insurer or self-insured employer, the director may assess a penalty and attorney fee in accordance with a matrix adopted by the director by rule.

(b) The director shall adopt by rule a matrix for the assessment of the penalties and attorney fees authorized under this subsection. The matrix shall provide for penalties based on a percentage of the settlement proceeds allocated to the claimant and for attorney fees based on a percentage of the settlement proceeds allocated to the claimant’s attorney as an attorney fee.

(13) The insurer may authorize an employer to pay compensation to injured workers and shall reimburse employers for compensation so paid.

(14) Intentionally left blank —Ed.

(a) Injured workers have the duty to cooperate and assist the insurer or self-insured employer in the investigation of claims for compensation. Injured workers shall submit to and shall fully cooperate with personal and telephonic interviews and other formal or informal information gathering techniques. Injured workers who are represented by an attorney shall have the right to have the attorney present during any personal or telephonic interview or deposition. If the injured worker is represented by an attorney, the insurer or self-insured employer shall pay the attorney a reasonable attorney fee based upon an hourly rate for actual time spent during the personal or telephonic interview or deposition. After consultation with the Board of Governors of the Oregon State Bar, the Workers’ Compensation Board shall adopt rules for the establishment, assessment and enforcement of an hourly attorney fee rate specified in this subsection.

(b) If the attorney is not willing or available to participate in an interview at a time reasonably chosen by the insurer or self-insured employer within 14 days of the request for interview and the insurer or self-insured employer has cause to believe that the attorney’s unwillingness or unavailability is unreasonable and is preventing the worker from complying within 14 days of the request for interview, the insurer or self-insured employer shall notify the director. If the director determines that the attorney’s unwillingness or unavailability is unreasonable, the director shall assess a civil penalty against the attorney of not more than $1,000.

(15) If the director finds that a worker fails to reasonably cooperate with an investigation involving an initial claim to establish a compensable injury or an aggravation claim to reopen the claim for a worsened condition, the director shall suspend all or part of the payment of compensation after notice to the worker. If the worker does not cooperate for an additional 30 days after the notice, the insurer or self-insured employer may deny the claim because of the worker’s failure to cooperate. The obligation of the insurer or self-insured employer to accept or deny the claim within 60 days is suspended during the time of the worker’s noncooperation. After such a denial, the worker shall not be granted a hearing or other proceeding under this chapter on the merits of the claim unless the worker first requests and establishes at an expedited hearing under ORS 656.291 (Expedited Claim Service) that the worker fully and completely cooperated with the investigation, that the worker failed to cooperate for reasons beyond the worker’s control or that the investigative demands were unreasonable. If the Administrative Law Judge finds that the worker has not fully cooperated, the Administrative Law Judge shall affirm the denial, and the worker’s claim for injury shall remain denied. If the Administrative Law Judge finds that the worker has cooperated, or that the investigative demands were unreasonable, the Administrative Law Judge shall set aside the denial, order the reinstatement of interim compensation if appropriate and remand the claim to the insurer or self-insured employer to accept or deny the claim.

(16) In accordance with ORS 656.283 (Hearing rights and procedure) (3), the Administrative Law Judge assigned a request for hearing for a claim for compensation involving more than one potentially responsible employer or insurer may specify what is required of an injured worker to reasonably cooperate with the investigation of the claim as required by subsection (14) of this section. [1965 c.285 §30; 1969 c.399 §1; 1973 c.620 §2; 1975 c.556 §41; 1981 c.535 §7; 1981 c.854 §16; 1981 c.874 §4; 1983 c.809 §1; 1983 c.816 §7; 1985 c.600 §7; 1987 c.884 §19; 1990 c.2 §15; 1995 c.332 §28; 1995 c.641 §4; 1997 c.605 §1; 1997 c.639 §7; 1999 c.313 §5; 2001 c.621 §83; 2001 c.865 §7; 2003 c.667 §1; 2003 c.756 §1; 2003 c.760 §2; 2003 c.811 §§9,10; 2005 c.26 §§9,10; 2005 c.511 §§1,2; 2005 c.588 §§2,3; 2007 c.252 §5; 2007 c.365 §5; 2007 c.518 §§1,2; 2009 c.35 §3; 2009 c.171 §3; 2009 c.526 §1; 2015 c.211 §1; 2015 c.521 §2; 2021 c.47 §1; 2022 c.73 §§1,2]

Note: Section 3, chapter 73, Oregon Laws 2022, provides:

Sec. 3. (1) The amendments to ORS 656.262 (Processing of claims and payment of compensation) by sections 1 and 2 of this 2022 Act apply to all claims that exist on, or arise on or after, January 1, 2024, regardless of the date of injury or the date on which the claim is filed.

(2) Notwithstanding subsection (1) of this section, the amendments to ORS 656.262 (Processing of claims and payment of compensation) by sections 1 and 2 of this 2022 Act do not apply to disputes in which a final determination is made prior to January 1, 2024. [2022 c.73 §3]

Source: Section 656.262 — Processing of claims and payment of compensation; payment by employer; acceptance and denial of claim; penalties and attorney fees; cooperation by worker and attorney in claim investigation; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 657b.260 — OR Code / Title 51 / Chapter 657b / Section 657b.260
657B.260 Successor in interest required to continue offering approved plan to eligible employees until withdrawal of plan
Status: in_force

(1) Except as provided in subsection (2) of this section, a plan that has been approved under ORS 657B.210 (Equivalent plans, generally) and that is in effect at the time a successor in interest acquires the organization, trade or business, or substantially all assets of the organization, trade or business or a distinct and severable portion of the organization, trade or business, and continues its operation without substantial reduction of personnel resulting from the acquisition, must continue to be offered to eligible employees and the successor in interest may not withdraw the plan without a specific request for withdrawal in a manner prescribed by the Director of the Employment Department by rule.

(2) Within 90 days following the date of an acquisition described in subsection (1) of this section, a successor in interest to an employer may terminate a plan that was approved under ORS 657B.210 (Equivalent plans, generally) and that was in effect on the date of acquisition without a request to withdraw the plan, provided the successor in interest provides notice to the director and all employees of the employer in a manner prescribed by the director by rule. [2019 c.700 §48]

COLLECTIONS; RECOVERY AND RESOLUTION OF IMPROPER BENEFIT PAYMENTS

Source: Section 657B.260 — Successor in interest required to continue offering approved plan to eligible employees until withdrawal of plan; request for withdrawal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657B.­html (accessed May 26, 2025).
ORS § 659a.096 — OR Code / Title 51 / Chapter 659a / Section 659a.096
659A.096 Denial of leave, retaliation and discrimination prohibited
Status: in_force

It is an unlawful practice for an employer to:

(1) Deny military family leave to an employee who is entitled to such leave under ORS 659A.090 (Definitions for ORS 659A.090 to 659A.099) to 659A.099 (Short title) ; or

(2) Retaliate or in any way discriminate against an individual with respect to hire or tenure or any other term or condition of employment because the individual has inquired about the provisions of ORS 659A.090 (Definitions for ORS 659A.090 to 659A.099) to 659A.099 (Short title) , submitted a request for military family leave or invoked any provision of ORS 659A.090 (Definitions for ORS 659A.090 to 659A.099) to 659A.099 (Short title) . [2009 c.559 §5]

Source: Section 659A.096 — Denial of leave, retaliation and discrimination prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 659a.230 — OR Code / Title 51 / Chapter 659a / Section 659a.230
659A.230 Discrimination for initiating or aiding in criminal or civil proceedings prohibited
Status: in_force

(1) It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment for the reason that the employee has in good faith reported criminal activity by any person, has in good faith caused a complainant’s information or complaint to be filed against any person, has in good faith cooperated with any law enforcement agency conducting a criminal investigation, has in good faith brought a civil proceeding against an employer or has testified in good faith at a civil proceeding or criminal trial.

(2) For the purposes of this section, “complainant’s information” and “complaint” have the meanings given those terms in ORS 131.005 (General definitions) .

(3) The remedies provided by this chapter are in addition to any common law remedy or other remedy that may be available to an employee for the conduct constituting a violation of this section. [Formerly 659.550]

Source: Section 659A.230 — Discrimination for initiating or aiding in criminal or civil proceedings prohibited; remedies not exclusive , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 656.043 — OR Code / Title 51 / Chapter 656 / Section 656.043
656.043 Governmental agency paying wages responsible for providing coverage
Status: in_force

Except as otherwise provided in ORS 656.029 (Obligation of person awarding contract to provide coverage for workers under contract) to 656.033 (Coverage for participants in work experience or school directed professional training programs) and 656.041 (City or county may elect to provide coverage for adults in custody) , but notwithstanding any other provision of law, the state or any city, county, district, or agency thereof, that pays the wages of a subject worker is responsible for providing workers’ compensation insurance coverage for that worker. [1987 c.414 §183]

Source: Section 656.043 — Governmental agency paying wages responsible for providing coverage , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 659a.069 — OR Code / Title 51 / Chapter 659a / Section 659a.069
659A.069 Discrimination against state worker applying for benefits under ORS 659A.060 to 659A.069 prohibited
Status: in_force

It is an unlawful employment practice for the State of Oregon to discriminate against a worker with respect to hire or tenure or any term or condition of employment because the worker has applied for benefits or invoked or utilized the procedures provided for in ORS 659A.060 (Definitions for ORS 659A.060 to 659A.069) to 659A.069 (Discrimination against state worker applying for benefits under ORS 659A.060 to 659A.069 prohibited) or has given testimony under the provisions of those laws. [2001 c.621 §34]

Source: Section 659A.069 — Discrimination against state worker applying for benefits under ORS 659A.060 to 659A.069 prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 657.334 — OR Code / Title 51 / Chapter 657 / Section 657.334
657.334 Limitation on period for which benefits paid
Status: in_force

Additional benefits may be paid under the provisions of ORS 657.331 (“Additional benefits” and “additional benefit period” defined) to 657.334 (Limitation on period for which benefits paid) only with respect to weeks not within an extended benefit period, and not within a period covered by any federal law allowing the filing of new claims extending benefits beyond those provided for as regular or extended benefits. [1983 c.818 §8; 1985 c.194 §1; 1987 c.126 §1; 1989 c.818 §1]

Source: Section 657.334 — Limitation on period for which benefits paid , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 655.615 — OR Code / Title 51 / Chapter 655 / Section 655.615
655.615 Payment of benefits to injured occupationally limited trainees
Status: in_force

(1) All clients participating in a work evaluation or work experience program of the Department of Human Services are considered as workers subject to ORS chapter 656 for purposes of this section.

(2) The department shall submit a written statement to the State Accident Insurance Fund Corporation that includes a description of the work to be performed by such clients.

(3) Upon receiving the written statement, the corporation may fix assumed wage rates for the clients enrolled in the work evaluation or work experience program, without regard to ORS chapter 652, ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.565 (Investigating compliance with rules) or 653.991 (Penalties) , which may be used only for purposes of computations under ORS chapter 656.

(4) The department shall maintain a separate list of the names of those enrolled in its work evaluation or work experience program; and shall, upon request, furnish or make such list available to the corporation. Clients covered under this section are entitled to the benefits of ORS chapter 656 and they are entitled to such benefits if injured as provided in ORS 656.156 (Intentional injuries) and 656.202 (Compensation payable to subject worker in accordance with law in effect at time of injury) while performing any duties arising out of and in the course of their participation in the work evaluation or work experience program, provided the duties being performed are among those described in the written statement referred to in subsection (2) of this section.

(5) The filing of claims for benefits under this section is the exclusive remedy of a trainee or the beneficiary of the trainee for injuries compensable under ORS chapter 656 against the state, its political subdivisions, its officers and employees, or the person who provides on-the-job training or job evaluation services for the injured client, regardless of negligence except that the exclusive remedy provisions shall not apply in the case of suits brought under the provisions of ORS 656.576 (“Paying agency” defined) to 656.596 (Damage recovery as offset against compensation) against third parties. [1971 c.581 §2; 1981 c.184 §2; 1983 c.706 §1]

Source: Section 655.615 — Payment of benefits to injured occupationally limited trainees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors655.­html (accessed May 26, 2025).
ORS § 659a.157 — OR Code / Title 51 / Chapter 659a / Section 659a.157
659A.157 Determining family member by reason of affinity
Status: in_force

In order to determine whether an individual qualifies as a family member by reason of affinity, as that term is used in ORS 659A.150 (Definitions for ORS 659A.150 to 659A.186) , consideration shall be given to whether there exists a significant personal bond attributable to factors, established by the Commissioner of the Bureau of Labor and Industries by rule, that, when examined in total, resemble a family relationship. [2023 c.203 §4]

Note: Sections 1 and 5, chapter 203, Oregon Laws 2023, provide:

Sec. 1. Sections 2 [ 659A.164 (Meaning of “one-year period” for purposes of determining amount of leave available to eligible employee) ], 4 [ 659A.157 (Determining family member by reason of affinity) ] and 5 [chapter 203, Oregon Laws 2023] are added to and made a part of ORS 659A.150 (Definitions for ORS 659A.150 to 659A.186) to 659A.186 (Exclusivity of provisions) . [2023 c.203 §1]

Sec. 5. (1) The Commissioner of the Bureau of Labor and Industries shall adopt rules necessary to implement and administer section 4 of this 2023 Act [ 659A.157 (Determining family member by reason of affinity) ]. The rules may include rules for developing and using an attestation form by which an employee may attest to the affinity factors described in section 4 of this 2023 Act. Any rules adopted under this section relating to the factors described in section 4 of this 2023 Act shall be consistent with the rules established by the Employment Department under section 10 of this 2023 Act [ 657B.023 (Determining family member by reason of affinity) ].

(2) The Commissioner of the Bureau of Labor and Industries shall adopt rules under this section in time for the rules to become operative no later than September 3, 2023. [2023 c.203 §5]

Source: Section 659A.157 — Determining family member by reason of affinity , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 658.415 — OR Code / Title 51 / Chapter 658 / Section 658.415
658.415 Application for license
Status: in_force

(1) A person may not act as a labor contractor unless the person has first been licensed by the Commissioner of the Bureau of Labor and Industries under ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.511 (Wage claim against property services contractor or construction labor contractor) . Any person may file an application for a license to act as a labor contractor at any office of the Bureau of Labor and Industries. The application shall be sworn to by the applicant and shall be written on a form prescribed by the commissioner. The form shall include, but not be limited to, questions asking:

(a) The applicant’s name, Oregon address and all other temporary and permanent addresses the applicant uses or knows will be used in the future.

(b) Information on all motor vehicles to be used by the applicant in operations as a labor contractor including license number and state of licensure, vehicle number and the name and address of vehicle owner for all vehicles used.

(c) Whether or not the applicant was ever denied a license under ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.511 (Wage claim against property services contractor or construction labor contractor) within the preceding three years, or in this or any other jurisdiction had a labor contract license denied, revoked or suspended within the preceding three years.

(d) The names and addresses of all persons financially interested, whether as partners, shareholders, associates or profit-sharers, in the applicant’s proposed operations as a labor contractor, together with the amount of their respective interests, and whether or not, to the best of the applicant’s knowledge, any of these persons was ever denied a license under ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.511 (Wage claim against property services contractor or construction labor contractor) within the preceding three years, or had a labor contractor license denied, revoked or suspended within the preceding three years in this or any other jurisdiction.

(2) Each applicant shall furnish satisfactory proof with the application of the existence of:

(a) A policy of insurance in an amount adequate under rules issued by the commissioner for vehicles to be used to transport workers. Satisfactory proof of adequate insurance includes:

(A) The certificate of an insurance producer licensed in Oregon.

(B) For property services contractors only, documentation that provides the insurance policy number, the amount of coverage under the policy and the name of the insurance producer.

(b) Workers’ compensation insurance as provided in ORS 658.440 (Requirements for labor contractors) (1)(j). The commissioner may adopt rules concerning satisfactory proof of adequate workers’ compensation insurance.

(3) Except as provided in subsection (6) of this section, each applicant shall submit with the application and shall continually maintain thereafter, until excused, proof of financial ability to promptly pay the wages of employees and other obligations specified in this section. The proof required in this subsection shall be in the form of a corporate surety bond of a company licensed to do such business in Oregon, a cash deposit or a deposit the equivalent of cash. For the purposes of this subsection, it shall be deemed sufficient compliance if the labor contractor procures a savings account at a bank or savings and loan institution in the name of the commissioner as trustee for the employees of the labor contractor and others as their interests may appear and delivers proof of the account and the ability to withdraw the funds to the commissioner under the terms of a bond approved by the commissioner. The amount of the bond and the security behind the bond, or the cash deposit, shall be based on the maximum number of employees the labor contractor employs at any time during the year. The bond or cash deposit shall be:

(a) $10,000 if the labor contractor employs no more than 20 employees; or

(b) $30,000, or such lesser sum as may be authorized by the commissioner under ORS 658.416 (Reduction of bond or deposit) , if the labor contractor employs 21 or more employees.

(4) In the event that a single business entity licensed as a labor contractor has more than one natural person who, as an owner or employee of the business entity, engages in activities that require the persons to be licensed individually as labor contractors, and each person engages in those activities solely for that business entity, the commissioner may provide by rule for lower aggregate bonding requirements for the business entity and its owners and employees. If there is an unsatisfied judgment of a court or final decision of an administrative agency against a license applicant, the subject of which is any matter that would be covered by the bond or deposit referred to in subsection (3) of this section, the commissioner may not issue a license to the applicant until the judgment or decision is satisfied. As a condition of licensing any such applicant, the commissioner may require the applicant to submit proof of financial ability required by subsection (3) of this section in an amount up to three times that ordinarily required of a license applicant.

(5) All corporate surety bonds filed under this section or ORS 658.419 (Proof of financial responsibility from agricultural associations and certain nonprofit corporations) shall be executed to cover liability for the period for which the license is issued. During the period for which it is executed, the bond may not be canceled or otherwise terminated.

(6) A property services contractor is not required to file proof of financial ability under subsection (3) of this section if:

(a) The property services contractor provides proof of general liability insurance coverage in an amount that the commissioner determines by rule is adequate; and

(b) The commissioner finds that the property services contractor, within the preceding two years, has not:

(A) Violated ORS chapter 652 or 653; or

(B) Committed an unlawful employment practice under ORS chapter 659A.

(7) Each application must be accompanied by the fee established under ORS 658.413 (Fee schedule for licenses, indorsements and renewals) .

(8) Any person who uses the services of a labor contractor who has failed to comply with any of the provisions of this section or ORS 658.419 (Proof of financial responsibility from agricultural associations and certain nonprofit corporations) shall:

(a) Be personally and jointly and severally liable to any employee as far as the employee has not been paid wages in full for the work done for that person.

(b) Be personally liable for all penalty wages that have occurred under ORS 652.150 (Penalty wage for failure to pay wages on termination of employment) for the wages due under this section.

(9) Any person who suffers any loss of wages from the employer of the person or any other loss specified in subsection (17) of this section shall have a right of action in the name of the person against the surety upon the bond or against the deposit with the commissioner. The right of action:

(a) Is assignable and must be included with an assignment of a wage claim, of any other appropriate claim or of a judgment thereon.

(b) May not be included in any action against the labor contractor but must be exercised independently after first procuring a judgment or other form of adequate proof of liability established by rule and procedure under subsection (15) of this section establishing the labor contractor’s liability for the claim.

(10) Intentionally left blank —Ed.

(a) The surety company or the commissioner shall make prompt and periodic payments on the labor contractor’s liability up to the extent of the total sum of the bond or deposit.

(b) Payment shall be made based upon priority of wage claims over advances made by the construction property owner, the grower or producer of agricultural commodities or the owner or lessee of land intended to be used for the production of timber, for advances made to or on behalf of the labor contractor.

(c) Payment shall be made in full of all sums due to each person who presents adequate proof of the claim.

(d) Payment shall be made in part if there are insufficient funds to pay in full the person next entitled to payment in full.

(11) A person may not bring any action against the surety company or the commissioner on the bond or against the commissioner as the trustee for the beneficiaries of the labor contractor under any deposit made pursuant to this section or ORS 658.419 (Proof of financial responsibility from agricultural associations and certain nonprofit corporations) unless the person has first exhausted the procedures contained in subsections (9) and (13) of this section or in ORS 658.419 (Proof of financial responsibility from agricultural associations and certain nonprofit corporations) and contends that the surety company or the commissioner still has funds that are applicable to the person’s judgment or acknowledgment.

(12) The commissioner may not be prevented from accepting assignments of wage claims and enforcing liability against the surety on the bond or from applying the deposit to just wage claims filed with the commissioner.

(13) All claims against the bond or deposit shall be unenforceable unless request for payment of a judgment or other form of adequate proof of liability or a notice of the claim has been made by certified mail to the surety or the commissioner within six months from the end of the period for which the bond or deposit was executed and made.

(14) If the commissioner has received no notice as provided in subsection (13) of this section within six months after a labor contractor is no longer required to provide and maintain a surety bond or deposit, the commissioner shall terminate and surrender any bond or any deposit under the control of the commissioner to the person who is entitled thereto upon receiving appropriate proof of such entitlement.

(15) The commissioner shall adopt rules reasonably necessary for administration and enforcement of the provisions of this section and ORS 658.419 (Proof of financial responsibility from agricultural associations and certain nonprofit corporations) .

(16) Every labor contractor required by this section or ORS 658.419 (Proof of financial responsibility from agricultural associations and certain nonprofit corporations) to furnish a surety bond or make a deposit in lieu of a surety bond shall keep conspicuously posted upon the premises where employees working under the contractor are employed a notice, in both English and any other language used by the labor contractor to communicate with workers, specifying the contractor’s compliance with the requirements of this section and ORS 658.419 (Proof of financial responsibility from agricultural associations and certain nonprofit corporations) and specifying the name and Oregon address of the surety on the bond or a notice that a deposit in lieu of the bond has been made with the commissioner together with the address of the commissioner.

(17) The bond or deposit referred to in subsection (3) of this section shall be payable to the commissioner and shall be conditioned upon:

(a) Payment in full of all sums due on wage claims of employees.

(b) Payment by the labor contractor of all sums due to the construction property owner, the grower or producer of agricultural commodities or the owner or lessee of land intended to be used for the production of timber for advances made to or on behalf of the labor contractor.

(18) The commissioner may not issue a license until the applicant executes a written statement that shall be subscribed and sworn to and that shall contain the following declaration:

With regards to any action filed against me concerning my activities as a labor contractor, I appoint the Commissioner of the Bureau of Labor and Industries as my lawful agent to accept service of summons when I am not present in the jurisdiction in which such action is commenced or have in any other way become unavailable to accept service.

(19) A person who cosigns with a labor contractor for a bond required by subsection (3) of this section or by ORS 658.419 (Proof of financial responsibility from agricultural associations and certain nonprofit corporations) is not personally or jointly and severally liable for unpaid wages above the amount of the bond solely because the person cosigned for the bond.

(20) The court may award reasonable attorney fees to the prevailing party in any action to enforce the provisions of this section or ORS 658.419 (Proof of financial responsibility from agricultural associations and certain nonprofit corporations) . [1959 c.395 §§3,4; 1961 c.390 §3; 1971 c.479 §3; 1973 c.401 §2; 1975 c.502 §3; 1979 c.883 §1; 1981 c.606 §2; 1981 c.897 §93; 1989 c.164 §11; 1989 c.930 §2; 1991 c.331 §100; 1993 c.723 §1; 1995 c.73 §2; 1995 c.618 §115; 1999 c.399 §3; 1999 c.628 §6; 2003 c.364 §54; 2003 c.576 §534; 2005 c.22 §465; 2007 c.160 §1; 2013 c.584 §7; 2017 c.676 §6; 2018 c.8 §5]

Source: Section 658.415 — Application for license; proof of insurance and financial responsibility; exceptions; proceedings to collect wages owed by labor contractor; commissioner as agent for service of process; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors658.­html (accessed May 26, 2025).
ORS § 657.517 — OR Code / Title 51 / Chapter 657 / Section 657.517
657.517 Authority of director to compromise or adjust debts or overpayments
Status: in_force

(1) When in the judgment of the Director of the Employment Department the best interests of the Employment Department are served, the director may:

(a) Waive, reduce or compromise any tax balance of $10 or less;

(b) Retain any tax overpayment of $10 or less; or

(c) Waive, reduce or compromise any part or all of the tax interest and tax penalties provided by this chapter.

(2) The director may determine that the amount of tax, interest and penalty due and unpaid on a delinquent tax account is uncollectible, and write such amount off, if:

(a) The delinquent amount has been reduced to the status of a lien or judgment under the provisions of this chapter and such lien or judgment has expired; or

(b) The taxpayer no longer has an active business in Oregon and has not had an active business within the three most recently completed calendar years, and there is little or no likelihood of recovering the amount due.

(3) In making the determination that an account is uncollectible, the director shall consider, among other factors:

(a) The administrative costs of continued collection efforts in relation to the amount due;

(b) The accessibility of the taxpayer for effective collection actions; and

(c) The taxpayer’s financial condition and ability to pay the amount due, both current and projected.

(4) A record shall be made showing the reasons for waiving, reducing, compromising or writing off amounts under this section. Such record shall be retained for a period of seven years from the date the account was written off. [1969 c.57 §2; 1981 c.5 §5; 1983 c.54 §1]

Source: Section 657.517 — Authority of director to compromise or adjust debts or overpayments; determination of uncollectible amounts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 659a.060 — OR Code / Title 51 / Chapter 659a / Section 659a.060
659A.060 Definitions for ORS 659A.060 to 659A.069
Status: in_force

As used in ORS 659A.060 (Definitions for ORS 659A.060 to 659A.069) to 659A.069 (Discrimination against state worker applying for benefits under ORS 659A.060 to 659A.069 prohibited) , unless the context requires otherwise:

(1) “Group health benefits” means that form of health benefits provided by the State of Oregon to cover groups of employees, with or without one or more members of their families or one or more dependents. The group health benefits which are continued under ORS 659A.060 (Definitions for ORS 659A.060 to 659A.069) to 659A.069 (Discrimination against state worker applying for benefits under ORS 659A.060 to 659A.069 prohibited) shall be the same as the worker and the worker’s dependents had immediately prior to the injury or illness, and includes, but is not limited to, medical care, dental care, vision care or prescription drug coverage, or any combination thereof, that the worker had elected prior to the injury or illness. If the plan elected prior to the injury or illness is no longer available, the worker shall have the same plan selection rights as do active employees.

(2) “Worker” means any state employee who has filed a workers’ compensation claim pursuant to ORS chapter 656. [Formerly 659.450]

Source: Section 659A.060 — Definitions for ORS 659A.060 to 659A.069 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 656.727 — OR Code / Title 51 / Chapter 656 / Section 656.727
656.727 Rules for administration of benefit offset
Status: in_force

In carrying out the provisions of ORS 656.209 (Offsetting permanent total disability benefits against Social Security benefits) , the Department of Consumer and Business Services shall promulgate rules that include, but are not limited to:

(1) Requiring injured workers to make application for federal Social Security disability benefits.

(2) Requiring injured workers to file with the appropriate agency that administers the federal Social Security program a release authorizing the federal agency to make disclosure to the department of such information regarding the injured worker as will enable the department to carry out the provisions of ORS 656.209 (Offsetting permanent total disability benefits against Social Security benefits) .

(3) A procedure for ordering reduction of benefits or such other sanctions as the department considers appropriate to insure that injured workers comply with rules promulgated pursuant to this section. [1977 c.430 §7; 1979 c.117 §4]

Source: Section 656.727 — Rules for administration of benefit offset , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).