ORS § 657b.210 — OR Code / Title 51 / Chapter 657b / Section 657b.210
657B.210 Equivalent plans, generally
Status: in_force

(1) Intentionally left blank —Ed.

(a) An employer may apply to the Director of the Employment Department for approval of an employer-offered benefit plan that provides family and medical leave insurance benefits to the employer’s employees.

(b) An employer that seeks approval of a plan shall submit an application to the director in the form and manner prescribed by the director by rule, accompanied by an application fee not to exceed $250.

(2) The director shall review and approve an application for a plan if the director finds that:

(a) The plan is made available to all employees who have been continuously employed with an employer for 30 days.

(b) The benefits afforded to employees covered under the plan are equal to or greater than the weekly benefits and the duration of leave that an eligible employee would qualify for under this chapter.

(3) An employer may make a plan available to employees who have been employed by the employer for less than 30 days but in no event may an employer require an employee to have been employed by the employer for more than 30 days to be eligible for coverage under the plan.

(4) Neither an employer that provides benefits under an approved plan nor an employee covered under such a plan is required to make the contributions under ORS 657B.150 (Contributions) .

(5) Intentionally left blank —Ed.

(a) An employer may assume all or a part of the costs related to a plan approved under this section.

(b) If an employer assumes only part of the costs, the employer may deduct employee contributions from the wages of employees to finance the costs related to the plan, except that any contribution amounts deducted may not exceed the amount that an employee would otherwise be required to contribute under ORS 657B.150 (Contributions) .

(c) Employee contributions received or retained by an employer under this subsection must be used for plan expenses and are not considered to be a part of an employer’s assets for any purpose.

(6) Any paid sick leave earned under ORS 653.606 (Employee count) is in addition to the benefits made available under a plan that has been approved under this section.

(7) An employee who takes leave pursuant to a plan approved under this section shall provide notice to an employer of such leave in the same manner as provided in ORS 657B.040 (Notice to employers prior to commencing leave) .

(8) A plan approved under this section shall remain in effect for a period of not less than one year.

(9) Nothing in this section prohibits an employee who is otherwise eligible from applying for coverage under the program established under ORS 657B.340 (Family and medical leave insurance program) or under a separate employer-offered plan that has been approved under this section.

(10) The director shall adopt rules that require that the benefits made available to an eligible employee who is covered under more than one plan shall be prorated under each respective plan.

(11) An employer that offers a plan approved under this section shall:

(a) Be subject to the same requirements provided in ORS 657B.060 (Job protection) and 657B.070 (Denying leave) ;

(b) Maintain all reports, information and records relating to the plan, including payroll and account records that document employee contributions and expenses, in the manner established by the director by rule; and

(c) Provide written notice to employees that includes:

(A) Information about benefits available under the approved plan, including the duration of leave;

(B) The process for filing a claim to receive benefits under the plan;

(C) The process for employee deductions used to finance the costs of the plan, if any;

(D) An employee’s right to dispute a benefit determination in the manner determined by the director under ORS 657B.420 (Appeals of decisions under equivalent employer plan) ;

(E) The right to job protection and benefits continuation, if applicable; and

(F) A statement that discrimination and retaliatory personnel actions against an employee for inquiring about the family and medical leave insurance program established under ORS 657B.340 (Family and medical leave insurance program) , giving notification of leave under the program, taking leave under the program or claiming family and medical leave insurance benefits are prohibited.

(12) Benefits received under this section are considered wages for purposes of a wage claim under ORS chapter 652.

(13) An employer whose application for plan approval was denied by the director under this section or terminated by the director under ORS 657B.220 (Director review of benefits provided under equivalent plan) may request review of the decision as provided in ORS 657B.410 (Appeals process, generally) . [2019 c.700 §43; 2023 c.292 §7]

Note: See note under 657B.015 (Benefit eligibility) .

Source: Section 657B.210 — Equivalent plans, generally; rules; fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657B.­html (accessed May 26, 2025).
ORS § 657.335 — OR Code / Title 51 / Chapter 657 / Section 657.335
657.335 Definitions for ORS 657.335 to 657.360
Status: in_force

As used in ORS 657.335 (Definitions for ORS 657.335 to 657.360) to 657.360 (When employer charged for benefits) :

(1) “Career and technical training” means training or retraining and basic education, including literacy skills, designed to prepare individuals for gainful employment in recognized or new occupations or to prepare individuals to become self-employed. “Career and technical training” does not include programs of instruction for an individual, including transfer credit programs of instruction given at community colleges, that are primarily intended to lead toward a baccalaureate or higher degree or training that has for its purpose the preparation of individuals for employment in occupations that require a baccalaureate or higher degree from institutions of higher education unless approved by the Director of the Employment Department.

(2) “Eligible dislocated workers” means individuals who are not disqualified from benefits under ORS 657.176 (Grounds and procedure for disqualification) and who:

(a) Have been terminated or laid off or who have received a notice of termination or layoff, are eligible for or have exhausted their entitlement to unemployment compensation and are unlikely to return to their previous industry or occupation;

(b) Have been terminated or have received a notice of termination of employment, as a result of any permanent closure of or any substantial layoff at a plant, facility or enterprise;

(c) Are long term unemployed and have limited opportunities for employment or reemployment in the same or a similar occupation in the area in which such individuals reside, including older individuals who may have substantial barriers to employment by reason of age;

(d) Were self-employed, including farmers and ranchers, and are unemployed as a result of general economic conditions in the community in which they reside or because of natural disasters;

(e) Returned to service in the Oregon National Guard or the military reserve forces of the United States following active duty service;

(f) Have separated from a declining industry; or

(g) Have been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at their place of employment. [1969 c.156 §3; 1971 c.82 §2; 1991 c.685 §4; 1993 c.129 §1; 2005 c.174 §3; 2009 c.94 §23; 2009 c.115 §8; 2013 c.1 §85]

Source: Section 657.335 — Definitions for ORS 657.335 to 657.360 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 652.510 — OR Code / Title 51 / Chapter 652 / Section 652.510
652.510 Payment of wage claims by receivers, assignees or court
Status: in_force

(1) When the property of any company, cooperative association, corporation, firm or person is seized upon by any process of any court of this state, or when the business or property is placed in the hands of a receiver, or whenever any assignment for the benefit of creditors under the laws of this state is made, then in all such cases the debts owing to laborers or employees, which have accrued by reason of their labor or employment to an amount not exceeding $2,000 to each employee for work or labor performed within 90 days next preceding the seizure or transfer or assignment of such property, or appointment of said receiver shall be considered and treated as preferred debts, and such laborers or employees shall be preferred creditors, and shall first be paid in full, and if there is not sufficient to pay them in full, their claims shall be paid pro rata, after paying costs.

(2) Any such laborer or employee desiring to enforce the claim of the laborer or employee for wages under ORS 652.510 (Payment of wage claims by receivers, assignees or court) to 652.570 (Priority of wage claims over transfers in payment of preexisting obligations) shall present a statement under oath showing the amount due after allowing all just credits and setoffs, the kind of work for which said wages are due and when performed, to the officer or person charged with the execution of said process, within 30 days after the seizure thereof on any execution or writ of attachment, or to such receiver or assignee within 45 days after the same may have been placed in the hands of any such assignee or receiver. [Amended by 1977 c.288 §1; 1981 c.594 §4; 1987 c.412 §2; 2003 c.14 §397]

Source: Section 652.510 — Payment of wage claims by receivers, assignees or court; filing statement of wages due , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 656.390 — OR Code / Title 51 / Chapter 656 / Section 656.390
656.390 Frivolous appeals, hearing requests or motions
Status: in_force

(1) Notwithstanding ORS 656.236 (Compromise and release of claim matters except for medical benefits) , if either party requests a hearing before the Hearings Division, requests review of an Administrative Law Judge’s decision before the Workers’ Compensation Board, appeals for review of the claim to the Court of Appeals or to the Supreme Court, or files a motion for reconsideration of the decision of the Court of Appeals or the Supreme Court, and the Administrative Law Judge, board or court finds that the appeal or motion for reconsideration was frivolous or was filed in bad faith or for the purpose of harassment, the Administrative Law Judge, board or court may impose an appropriate sanction upon the attorney who filed the request for hearing, request for review, appeal or motion. The sanction may include an order to pay to the other party the amount of the reasonable expenses incurred by reason of the request for hearing, request for review, appeal or motion, including a reasonable attorney fee.

(2) As used in this section, “frivolous” means the matter is not supported by substantial evidence or the matter is initiated without reasonable prospect of prevailing. [1987 c.884 §31; 1995 c.332 §45]

SELF-INSURED AND CARRIER-INSURED EMPLOYERS; INSURERS

Source: Section 656.390 — Frivolous appeals, hearing requests or motions; expenses and attorney fee , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 656.226 — OR Code / Title 51 / Chapter 656 / Section 656.226
656.226 Cohabitants entitled to compensation
Status: in_force

If, prior to and including the date of an accidental injury received by one or the other as a subject worker, two unmarried individuals have cohabited together such that the relationship would be subject to the provisions of ORS 107.105 (Provisions of judgment) to 107.136 (Reinstatement of terminated spousal support) and 107.700 (Short title) to 107.735 (Duties of State Court Administrator) , the surviving cohabitant is entitled to compensation under this chapter the same as if the individuals had been legally married. [Amended by 1983 c.816 §4; 2015 c.629 §55; 2022 c.6 §2]

Source: Section 656.226 — Cohabitants entitled to compensation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 652.240 — OR Code / Title 51 / Chapter 652 / Section 652.240
652.240 Paying wage lower than that required by statute or contract prohibited
Status: in_force

Where any statute or contract requires an employer to maintain the designated wage scale, it shall be unlawful to secretly pay a lower wage while purporting to pay the wage designated by statute or by contract. [1957 c.243 §1]

Source: Section 652.240 — Paying wage lower than that required by statute or contract prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 657.355 — OR Code / Title 51 / Chapter 657 / Section 657.355
657.355 Denial of benefits to trainees subject to review
Status: in_force

Notice, hearing, and review of a decision to approve or disapprove an application of an individual or to deny continued approval of an individual’s participation under ORS 657.335 (Definitions for ORS 657.335 to 657.360) to 657.360 (When employer charged for benefits) shall be subject to the provisions of ORS 657.265 (Notice of claim filing to employing unit or agent of employing unit) , 657.266 (Initial determination of eligibility and amount of benefits) to 657.269 (Decision final unless hearing requested) and 657.270 (Hearing upon decision) to 657.282 (Judicial review of decisions under ORS 657.275) . [1969 c.156 §9; 1975 c.257 §8; 1993 c.778 §15]

Source: Section 657.355 — Denial of benefits to trainees subject to review , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 657b.460 — OR Code / Title 51 / Chapter 657b / Section 657b.460
657B.460 Construction of chapter
Status: in_force

This chapter establishes minimum requirements pertaining to family leave, medical leave and safe leave and may not be construed to preempt, limit or otherwise diminish the applicability of any employer policy, standard or collective bargaining agreement that provides for greater use of family leave, medical leave or safe leave under state or federal law. [2019 c.700 §49a]

Note: Section 49, chapter 700, Oregon Laws 2019, provides:

Sec. 49. Reopening or renegotiation of collective bargaining agreement. Nothing in sections 1 to 51 of this 2019 Act [ORS chapter 657B] requires the reopening or renegotiation of a collective bargaining agreement entered into before the effective date of this 2019 Act [September 29, 2019] prior to the date on which the agreement expires. [2019 c.700 §49]

Source: Section 657B.460 — Construction of chapter , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657B.­html (accessed May 26, 2025).
ORS § 654.025 — OR Code / Title 51 / Chapter 654 / Section 654.025
654.025 Jurisdiction and supervision of Workers’ Compensation Board, director and other state agencies over employment and places of employment
Status: in_force

(1) The Director of the Department of Consumer and Business Services is vested with full power and jurisdiction over, and shall have such supervision of, every employment and place of employment in this state as may be necessary to enforce and administer all laws, regulations, rules, standards and lawful orders requiring such employment and place of employment to be safe and healthful, and requiring the protection of the life, safety and health of every employee in such employment or place of employment.

(2) The director and the Workers’ Compensation Board may make, establish, promulgate and enforce all necessary and reasonable regulations, rules, standards, orders and other provisions for the purpose of carrying out their respective functions under ORS 654.001 (Short title) to 654.295 (Application of Oregon Safe Employment Act) , 654.412 (Definitions for ORS 654.412 to 654.423) to 654.423 (Use of physical force by health care employee in self-defense against assault) and 654.750 (Definitions for ORS 654.750 to 654.780) to 654.780 (Providing basic information to employees) , notwithstanding any other statutory provisions which may be to the contrary. Nothing in ORS 654.001 (Short title) to 654.295 (Application of Oregon Safe Employment Act) , 654.412 (Definitions for ORS 654.412 to 654.423) to 654.423 (Use of physical force by health care employee in self-defense against assault) and 654.750 (Definitions for ORS 654.750 to 654.780) to 654.780 (Providing basic information to employees) , however, shall authorize or require medical examination, immunization or treatment for those who object thereto on religious grounds, except where such is necessary to protect the health or safety of others.

(3) Intentionally left blank —Ed.

(a) The director may enforce all regulations, rules and standards duly adopted by any other state agency for the safety and health of employees.

(b) This grant of concurrent jurisdiction and authority to the director shall not be construed, however, as repealing or amending, or as derogating in any respect from, the statutory jurisdiction and authority of any other state agency to promulgate and enforce regulations, rules and standards and to conduct inspections and investigations, except that no other state agency shall issue the citations or assess the civil penalties provided in ORS 654.001 (Short title) to 654.295 (Application of Oregon Safe Employment Act) , 654.412 (Definitions for ORS 654.412 to 654.423) to 654.423 (Use of physical force by health care employee in self-defense against assault) and 654.750 (Definitions for ORS 654.750 to 654.780) to 654.780 (Providing basic information to employees) .

(c) In the event a state of facts or condition constitutes a violation of more than one rule, regulation, standard or order of the director or any other agency pertaining to occupational safety or health, the state of facts or condition shall be the basis for the issuance of only one citation and proceeding or the assessment of only one penalty unless the statute specifically provides that a continuation of a state of facts or a condition constitutes a new violation.

(d) Where another state agency, pursuant to its statutory authority, proposes to adopt a regulation, rule or standard relating to occupational safety or health, such agency shall accord the director an opportunity to review such regulation, rule or standard prior to its adoption for the purpose of assuring that employers will not be asked to comply with contradictory or inconsistent requirements or be burdened with an unnecessary duplication of occupational safety and health codes, inspections or reports.

(4) The board and the director may subpoena witnesses, administer oaths, take depositions and fix the fees and mileage of witnesses and compel the attendance of witnesses and the production of papers, books, accounts, documents and testimony in any inquiry, investigation, hearing or proceeding in any part of the state, and the board and the director shall provide for defraying the expenses thereof.

(5) The director and the board may do and perform all things, whether specifically designated in ORS 654.001 (Short title) to 654.295 (Application of Oregon Safe Employment Act) , 654.412 (Definitions for ORS 654.412 to 654.423) to 654.423 (Use of physical force by health care employee in self-defense against assault) and 654.750 (Definitions for ORS 654.750 to 654.780) to 654.780 (Providing basic information to employees) or in addition thereto, which are necessary or convenient in the exercise of any power, authority or jurisdiction conferred upon them by ORS 654.001 (Short title) to 654.295 (Application of Oregon Safe Employment Act) , 654.412 (Definitions for ORS 654.412 to 654.423) to 654.423 (Use of physical force by health care employee in self-defense against assault) and 654.750 (Definitions for ORS 654.750 to 654.780) to 654.780 (Providing basic information to employees) . The director’s authority under this section shall include but is not limited to:

(a) Designating by order or rule any named state employee or category of state employees who shall have authority to exercise any of the duties and powers imposed upon the director by law and whose act as authorized by the order or rule shall be considered to be an official act of the director. The director may designate local government employees with public health administration or enforcement duties to exercise duties and powers imposed upon the director with respect to ORS 654.174 (Sanitation facilities for workers harvesting food crops) (1) and (2).

(b) Instituting any legal or equitable proceeding which would assist in the enforcement of any state occupational safety or health law or any regulation, rule, standard or order promulgated thereunder, including but not limited to seeking injunctive relief to enjoin an employer from operating the place of employment until the employer has complied with the provisions of such law, regulation, rule, standard or order. Upon the filing of a suit for an injunction by the director, the court shall set a day for hearing and shall cause notice thereof to be served upon the employer. The hearing shall be not less than five nor more than 15 days from the service of such notice. [Amended by 1973 c.833 §9; 1977 c.804 §36; 1979 c.839 §23; 1985 c.423 §6]

Source: Section 654.025 — Jurisdiction and supervision of Workers’ Compensation Board, director and other state agencies over employment and places of employment; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors654.­html (accessed May 26, 2025).
ORS § 652.050 — OR Code / Title 51 / Chapter 652 / Section 652.050
652.050 Definitions for ORS 652.050 to 652.080
Status: in_force

As used in ORS 652.050 (Definitions for ORS 652.050 to 652.080) to 652.080 (Computing hours on duty for purposes of ORS 652.060 and 652.070) :

(1) “Firefighter” means a person whose principal duties consist of preventing or combating fire or preventing loss of life or property from fire.

(2) “Regularly organized fire department” means any organization maintained for the purpose of preventing or combating fire and employing one or more persons on a full-time basis as firefighters.

(3) “Volunteer firefighter” means a person who performs services as a firefighter for a regularly organized fire department and whose work hours and work shifts are voluntary and whose volunteer service is not a condition of employment. [Amended by 1983 c.319 §1]

Source: Section 652.050 — Definitions for ORS 652.050 to 652.080 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 660.400 — OR Code / Title 51 / Chapter 660 / Section 660.400
660.400 Grant program for workforce programs in health care, manufacturing and technology sectors
Status: in_force

(1) As used in this section:

(a) “Community-based organization” has the meaning given that term in ORS 660.390 (Grant program for development of post-secondary career pathway programs) .

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

(c) “Workforce service provider” includes:

(A) Nonprofit and public workforce education, training and career services providers.

(B) Governmental entities that are providers of workforce development services.

(2) There is established in the Higher Education Coordinating Commission a program to award grants to workforce service providers and community-based organizations that administer workforce programs in the health care, manufacturing and technology industry sectors and that prioritize equitable program participation by individuals from priority populations.

(3) The commission shall establish criteria and standards by which a workforce service provider or a community-based organization may submit a proposal to receive a grant under this section. In establishing criteria and standards, the commission shall consider federal nondiscrimination and equal opportunity provisions of the Workforce Innovation and Opportunity Act. The commission shall award grants on a competitive basis, taking into consideration proposals that:

(a) Describe how the workforce service provider or the community-based organization intends to engage with employers in the targeted industry sectors to provide workforce development opportunities to individuals from priority populations.

(b) Demonstrate the workforce service provider’s or the community-based organization’s experience serving individuals from priority populations.

(c) Describe how the workforce service provider or the community-based organization intends to collaborate with one or more of the following entities to increase accessibility for priority populations to workforce programs and opportunities:

(A) Other workforce service providers or community-based organizations;

(B) Kindergarten through grade 12 schools;

(C) Community colleges;

(D) Education and training partners;

(E) Local workforce development boards;

(F) Economic development organizations;

(G) Industry associations; and

(H) Universities, as defined in ORS 660.350 (Grant program for community colleges and universities providing students from priority populations with academic credit for prior experience and skills gained outside of traditional educational institutions) .

(d) Demonstrate that a workforce partner with which a workforce service provider or a community-based organization intends to partner possesses specific qualifications, including the organizational and technical capacity, necessary to carry out the purposes described under subsection (5)(a) to (d) of this section.

(e) Prioritize opportunities to leverage the use of other funding sources, including federal funds and private sector contributions, toward workforce programs and opportunities.

(4) In awarding grants under this section, the commission shall consult with the State Workforce and Talent Development Board and shall incorporate input from local workforce development boards and industry consortia convened under ORS 660.410 (Program to convene statewide industry consortia in targeted industries) .

(5) Grant moneys awarded under this section shall be expended for one or more of the following purposes:

(a) To provide paid work experience, including stipends and wages;

(b) To offer tuition and fee assistance for workforce programs;

(c) To provide wraparound workforce development services;

(d) To develop culturally and linguistically specific career pathways for obtaining certificates, credentials or degrees recognized by targeted industry sectors; and

(e) To fund organizational investments, including, but not limited to:

(A) Hiring staff;

(B) Developing organizational development strategies;

(C) Purchasing equipment, technology or other training-related supplies;

(D) Covering administrative costs; and

(E) Any other activities identified in a grant proposal as necessary to administer workforce programs described under this section.

(6) Intentionally left blank —Ed.

(a) If a grant recipient expends moneys to provide paid work experience to individuals participating in a workforce program administered by the grant recipient, the grant recipient shall:

(A) Notwithstanding ORS 653.025 (Minimum wage rate) , pay wages to individuals participating in the program at a rate that is:

(i) Equivalent to an entry-level training wage as determined by the grant recipient pursuant to paragraph (b) of this subsection; and

(ii) In alignment with the wage progression schedule established by the grant recipient under subparagraph (B) of this paragraph;

(B) Establish a wage progression schedule that includes the step progression requirements and the rate calculation formula upon which the grant recipient shall make determinations about a participating individual’s eligibility to increase the individual’s wage rate from an entry-level training wage to a wage rate that is equivalent to the average area wage standard for an hour’s work in the same trade or occupation in the locality where the labor is performed;

(C) Develop a training plan for individuals participating in the program that includes, at a minimum:

(i) The entry-level training wage that will be paid to the individual;

(ii) A statement that the individual shall be paid according to the wage progression schedule established by the grant recipient entity, along with a description of the requirements that the individual must meet in order to progress to a higher wage rate under the wage progression schedule;

(iii) A statement that the entry-level training wage paid to the individual may not be less than the federal minimum wage rate or the applicable state minimum wage rate, whichever is greater; and

(iv) A statement explaining that the entry-level training wage paid to the individual is a minimum standard and that a higher wage rate shall be paid to the individual if so required under other applicable federal or state laws, regulations or a collective bargaining agreement; and

(D) Provide each individual participating in the program with a copy of the training plan described in subparagraph (C) of this paragraph on the date on which the individual first begins participating in the program.

(b) For purposes of paragraph (a)(A) of this subsection, the entry-level training wage shall be a percentage amount of the average area wage standard for an hour’s work in the same trade or occupation in the locality where the labor is performed, but in no event may the entry-level training wage be less than the applicable state minimum wage rate under ORS 653.025 (Minimum wage rate) .

(c) An individual who performs work for grant recipient described in this subsection shall be considered an employee of the grant recipient for purposes of state wage and hour laws and state laws prohibiting employment discrimination and retaliation.

(7) The commission shall compile information from each recipient of a grant under this section regarding the status and use of grant funds to ensure funding is expended for permissible purposes. At a minimum, the information must include, where applicable:

(a) The number of individuals who have registered for or completed a workforce program in health care, manufacturing or technology;

(b) The number of workforce programs developed and administered by a workforce service provider or a community-based organization;

(c) The job placement rate for and income earnings by individuals participating in a workforce program described under this section;

(d) The number of individuals from priority populations who receive services or benefits from workforce programs administered by a workforce service provider or a community-based organization; and

(e) A description of the types and amount of wraparound workforce development services provided by a workforce service provider or a community-based organization.

(8) The commission may adopt any rules necessary for carrying out the provisions of this section. [2022 c.28 §9; 2023 c.343 §4]

Source: Section 660.400 — Grant program for workforce programs in health care, manufacturing and technology sectors; wage standards for workforce program participants; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors660.­html (accessed May 26, 2025).
ORS § 657b.430 — OR Code / Title 51 / Chapter 657b / Section 657b.430
657B.430 Paid Family and Medical Leave Insurance Fund
Status: repealed

(1) The Paid Family and Medical Leave Insurance Fund is established in the State Treasury, separate and distinct from the General Fund. The Paid Family and Medical Leave Insurance Fund is declared to be a trust fund.

(2) The fund consists of moneys deposited in the fund from contributions made under ORS 657B.150 (Contributions) and from penalties, fees, revenues and all other amounts deposited in or credited to the fund. Interest earned by the fund shall be credited to the fund.

(3) Moneys in the fund are continuously appropriated to the Director of the Employment Department and may be used solely to carry out the purposes set forth in this chapter, including the payment of administrative costs and expenses that the director incurs in carrying out the provisions of this chapter. [2019 c.700 §39]

Note: Sections 1 to 3, chapter 66, Oregon Laws 2023, provide:

Sec. 1. Section 2 of this 2023 Act is added to and made a part of ORS chapter 657B. [2023 c.66 §1]

Sec. 2. Solvency of fund. (1) As used in this section:

(a) “Grant” means a grant awarded under ORS 657B.200 (Employer assistance grants) .

(b) “Solvency of the fund” and “solvent” mean that the cumulative amount of contributions collected under the provisions of this chapter [ORS chapter 657B] and deposited in the fund are sufficient to pay, in full and in a timely manner, the benefits anticipated to be claimed by covered individuals under ORS 657B.090 (Claim for benefits) , grants awarded under ORS 657B.200 (Employer assistance grants) and any costs and expenses associated with processing payments of the benefits and grant awards.

(2) Notwithstanding any other provision under this chapter:

(a) No later than August 11, 2023, the Director of the Employment Department shall determine whether the fund is solvent with respect to the benefits anticipated to be claimed and any grant moneys anticipated to be awarded on or after September 3, 2023.

(b) If, pursuant to paragraph (a) of this subsection, the director determines that the fund is:

(A) Solvent, the director shall commence paying benefits and any grant awards on September 3, 2023.

(B) Insolvent, the director shall delay the start of benefit payments and grant awards until December 3, 2023, and make further quarterly determinations of the solvency of the fund under subsection (3) of this section.

(3) Notwithstanding any other provision of this chapter:

(a) Intentionally left blank —Ed.

(A) If, pursuant to subsection (2) of this section, the director determines that the fund is insolvent, the director shall, on a quarterly basis, determine whether the fund is solvent with respect to the benefits anticipated to be claimed and any grants anticipated to be awarded beginning with the first week of the last month of the current calendar quarter.

(B) Each quarterly determination shall be made no later than two weeks immediately following the date on which the combined quarterly reports are due under ORS 657B.150 (Contributions) (12).

(b) If, pursuant to paragraph (a) of this subsection, the director determines that the fund is:

(A) Solvent, the director shall commence paying benefits and any grant awards in accordance with paragraph (c) of this subsection.

(B) Insolvent, the director shall continue making quarterly determinations of the solvency of the fund, as provided under paragraph (a) of this subsection, until the fund is determined to be solvent.

(c) The director shall commence benefit payments and grant awards under this subsection beginning with the first week of the last month of the current calendar quarter or 30 days following the notice provided to employers and covered individuals under subsection (4) of this section regarding the commencement of benefits or grants, whichever is later.

(4) The director shall provide at least 30 days’ advance notice to employers and covered individuals before commencing benefit payments or grants under subsection (3) of this section. [2023 c.66 §2]

Sec. 3. Section 2 of this 2023 Act is repealed on September 3, 2026. [2023 c.66 §3]

Source: Section 657B.430 — Paid Family and Medical Leave Insurance Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657B.­html (accessed May 26, 2025).
ORS § 657.855 — OR Code / Title 51 / Chapter 657 / Section 657.855
657.855 Benefits not assignable
Status: in_force

(1) Except as provided in this section, benefits due under this chapter may not be assigned, pledged, encumbered, released or commuted. Benefits due under this chapter shall, except as otherwise provided in this chapter, be exempt from all claims of creditors and from levy, execution and attachment or remedy for recovery or collection of a debt, and the exemption may not be waived. No agreement by an individual to waive the individual’s rights under this chapter is valid.

(2) The exemption from execution or other process granted under this section applies to only 50 percent of benefits payable under this chapter if the execution or other process is issued for a child support obligation or an order or notice entered pursuant to ORS 25.501 (Definitions for ORS 25.501 to 25.556) to 25.556 (Expeditious court hearings) or ORS chapter 25, 107, 108, 109, 110, 419B or 419C and the child support obligation or the order or notice is being enforced pursuant to a plan approved under Title IV-D of the Social Security Act. [Amended by 1982 s.s.1 c.30 §10; 1989 c.520 §3; 1991 c.115 §2; 1999 c.745 §6; 2003 c.572 §20; 2011 c.317 §3; 2019 c.13 §63]

Source: Section 657.855 — Benefits not assignable; waiver of rights invalid , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 657.625 — OR Code / Title 51 / Chapter 657 / Section 657.625
657.625 Publication of rules, reports and information on Employment Department law
Status: in_force

(1) The Director of the Employment Department shall cause to be printed in proper form for distribution the classification, rates, rules, regulations and rules of procedure and furnish the same to any person upon application therefor. The fact that such classifications, rates, rules, regulations and rules of procedure are printed ready for distribution to all who apply for the same, shall be a sufficient publication of the same as required by this chapter.

(2) The director may also publish from time to time any special reports of the results of any investigation which the director may have conducted.

(3) The director shall publish in suitable form information concerning the rights of employees under this chapter and such other information concerning this chapter and the regulations pursuant thereto as the director considers suitable and proper, and require every employer to post such publications at the place of employment of the employer. [Amended by 1975 c.605 §31]

Source: Section 657.625 — Publication of rules, reports and information on Employment Department law , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 656.730 — OR Code / Title 51 / Chapter 656 / Section 656.730
656.730 Assigned risk plan
Status: in_force

(1) The Director of the Department of Consumer and Business Services shall promulgate a plan for the equitable apportionment among the State Accident Insurance Fund Corporation and all members of workers’ compensation rating organizations in the state coverage required by ORS 656.017 (Employer required to pay compensation and perform other duties) for subject employers whose coverage the fund, or any members of such rating organizations, object to providing. The plan shall include provisions authorized pursuant to ORS 737.265 (Unauthorized adherence to rates, rating systems) (2), except that:

(a) Regardless of the rating plans adopted by any rating organization, the plan shall provide a rating structure with differing rate tiers for insureds too small to qualify for experience rating and for insureds large enough to be experience rated; and

(b) The plan shall seek and be entitled to receive approval for all classification exceptions approved by the director for any insurer.

(2) If any insurer issuing workers’ compensation insurance policies under this chapter refuses to accept its equitable apportionment under such plan, the director shall revoke the insurer’s authority to issue workers’ compensation insurance policies. [1965 c.285 §94a; 1979 c.673 §2; 1990 c.1 §2; 2007 c.241 §18]

Source: Section 656.730 — Assigned risk plan , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 657.430 — OR Code / Title 51 / Chapter 657 / Section 657.430
657.430 Tax rates based on experience
Status: repealed

Subject to ORS 657.480 (Effect of transfer of trade or business) and the conditions and exceptions contained in this chapter, the Director of the Employment Department shall, for each calendar year, determine the tax rates applicable to each employer on the basis of the actual experience of the employing enterprises of the employer with respect to benefits paid to unemployed individuals on account of wages for services performed in the employ of the employer during the base years of the unemployed individuals. [Amended by 1973 c.300 §10; 2005 c.35 §1]

(Temporary provisions relating to determination of employer tax rates for calendar years 2022, 2023 and 2024)

Note: Sections 2, 3 and 5, chapter 638, Oregon Laws 2021, provide:

Sec. 2. Sections 3 and 4 of this 2021 Act are added to and made a part of ORS chapter 657. [2021 c.638 §2]

Sec. 3. (1) Notwithstanding ORS 657.430 (Tax rates based on experience) , the actual experience of the employing enterprises of an employer used to determine the tax rates applicable to the employer for calendar year 2020 shall be used to determine the tax rates applicable to the employer for calendar years 2022, 2023 and 2024.

(2) Notwithstanding ORS 657.435 (Base rate for first year) , if an employer’s tax rate was assigned under ORS 657.435 (Base rate for first year) for calendar year 2020, the tax rate so assigned shall be the employer’s tax rate for calendar years 2022, 2023 and 2024. [2021 c.638 §3]

Sec. 5. Sections 3 and 4 of this 2021 Act are repealed on January 2, 2032. [2021 c.638 §5]

Source: Section 657.430 — Tax rates based on experience , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 654.086 — OR Code / Title 51 / Chapter 654 / Section 654.086
654.086 Civil penalty for violations
Status: in_force

(1) The Director of the Department of Consumer and Business Services or the authorized representative of the director has the authority to assess civil penalties as provided by this section for violation of the requirements of a state occupational safety or health statute or the lawful rules, standards or orders adopted under the statute, as follows:

(a) Intentionally left blank —Ed.

(A) Any employer who receives a citation for a serious violation of such requirements shall be assessed a civil penalty of not more than $15,625, but not less than $1,116, for each violation.

(B) If the serious violation caused or contributed to the death of an employee, the civil penalty amount shall be increased to not more than $50,000, but not less than $20,000, for each violation.

(b) Any employer who receives a citation for a violation of such requirements, and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty, not to exceed $15,625, for each violation.

(c) Intentionally left blank —Ed.

(A) Any employer who willfully or repeatedly violates such requirements may be assessed a civil penalty of not more than $156,259, but not less than $11,162, for each willful or repeated violation.

(B) If an employer’s willful or repeated violation caused or contributed to the death of an employee, the civil penalty amount shall be increased to not more than $250,000, but not less than $50,000, for each willful or repeated violation.

(C) In determining whether a violation is repeated for purposes of this subsection, the director shall consider the employer’s history of violating the requirements of a state occupational safety or health statute or the lawful rules, standards or orders adopted under the statute.

(d) Any employer who receives a citation, as provided in ORS 654.071 (Citation for safety or health standard violations) (4), for failure to correct a violation may be assessed a civil penalty, not to exceed $15,625, for each day during which the violation continues.

(e) Any employer who knowingly makes any false statement, representation or certification regarding the correction of a violation shall be assessed a civil penalty of not less than $100.

(f) Any employer who violates any of the posting requirements, as prescribed under the provisions of ORS 654.001 (Short title) to 654.295 (Application of Oregon Safe Employment Act) , 654.412 (Definitions for ORS 654.412 to 654.423) to 654.423 (Use of physical force by health care employee in self-defense against assault) and 654.750 (Definitions for ORS 654.750 to 654.780) to 654.780 (Providing basic information to employees) , may be assessed a civil penalty for each violation.

(g) Any person who violates the provisions of ORS 654.082 (Prohibiting use of equipment involved in violation) (2) or (3) shall be assessed a civil penalty of not less than $100 for each violation.

(h) Notwithstanding paragraph (b) of this subsection, an employer who substantially fails to comply with ORS 654.174 (Sanitation facilities for workers harvesting food crops) (1) shall be assessed a civil penalty of not less than $250 for each violation.

(i) Any insurer or self-insured employer who violates any provision of ORS 654.097 (Consultative services required) , or any rule or order carrying out ORS 654.097 (Consultative services required) , shall be assessed a civil penalty. Each violation, or each day a violation continues, shall be considered a separate offense.

(2) For the purposes of ORS 654.001 (Short title) to 654.295 (Application of Oregon Safe Employment Act) , 654.412 (Definitions for ORS 654.412 to 654.423) to 654.423 (Use of physical force by health care employee in self-defense against assault) and 654.750 (Definitions for ORS 654.750 to 654.780) to 654.780 (Providing basic information to employees) a serious violation exists in a place of employment if there is a substantial probability that death or serious physical harm could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use, in such place of employment unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation.

(3) Civil penalties assessed by the Department of Consumer and Business Services against an employer for repeated violations of any of the following may not receive a penalty adjustment, based on employer size, that reduces the amount of the civil penalty assessed against the employer, unless the penalty adjustment is conditioned upon the employer agreeing to comply with additional abatement measures as determined by the department:

(a) A willful violation under subsection (1)(c) of this section; and

(b) A serious violation resulting in a work-related fatality.

(4) The director shall, not later than January 15 of each year, adjust the amount of civil penalties that may be imposed under this section to account for the percentage increase or decrease, if any, in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor or its successor.

(5) When an order assessing a civil penalty becomes final by operation of law or on appeal, unless the amount of penalty is paid within 20 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.

(6) Except as provided in subsection (7) of this section, civil penalties collected under ORS 654.001 (Short title) to 654.295 (Application of Oregon Safe Employment Act) , 654.412 (Definitions for ORS 654.412 to 654.423) to 654.423 (Use of physical force by health care employee in self-defense against assault) and 654.750 (Definitions for ORS 654.750 to 654.780) to 654.780 (Providing basic information to employees) shall be paid into the Consumer and Business Services Fund.

(7) Civil penalties assessed under this section for a violation of ORS 658.750 (Camp operator registration) shall be credited to the Agricultural Worker Housing Development Account of the Oregon Housing Fund.

(8) The director shall submit a report at least annually to the interim committees of the Legislative Assembly related to business and labor that summarizes:

(a) The total number and total amount of penalties assessed by the department;

(b) The total number of appeals of citations, violations and penalty assessments filed with the department; and

(c) The total number of inspections completed by the department, along with the scope of the inspections and the circumstances that led to the inspections. [1973 c.833 §21 (enacted in lieu of 654.050); 1981 c.696 §5; 1983 c.696 §22; 1985 c.423 §4; 1987 c.884 §56; 1989 c.962 §20; 1991 c.67 §159; 1991 c.570 §1; 1991 c.640 §2; 1995 c.640 §1; 2001 c.310 §4; 2007 c.432 §2; 2017 c.238 §2; 2021 c.525 §25; 2023 c.126 §2]

Source: Section 654.086 — Civil penalty for violations; classification of violations; penalty adjustments; payment and disposition of penalty moneys; reporting , https://www.­oregonlegislature.­gov/bills_laws/ors/ors654.­html (accessed May 26, 2025).
ORS § 658.420 — OR Code / Title 51 / Chapter 658 / Section 658.420
658.420 Investigation of applicant
Status: in_force

(1) The Commissioner of the Bureau of Labor and Industries shall conduct an investigation of each applicant’s character, competence and reliability, and of any other matter relating to the manner and method by which the applicant proposes to conduct and has conducted operations as a labor contractor.

(2) The commissioner shall issue a license within 15 days after the day on which the application therefor was received in the office of the commissioner if the commissioner is satisfied as to the applicant’s character, competence and reliability.

(3) Any individual may protest the issuance of a license to any applicant at any time, and the commissioner shall give the individual an opportunity to state the reasons for the objection. [1959 c.395 §5; 2013 c.584 §11]

Source: Section 658.420 — Investigation of applicant; issuance of license; protest against issuance of license , https://www.­oregonlegislature.­gov/bills_laws/ors/ors658.­html (accessed May 26, 2025).
ORS § 659a.410 — OR Code / Title 51 / Chapter 659a / Section 659a.410
659A.410 Refusing to accept currency or coins as payment prohibited
Status: in_force

(1) Except as provided in subsections (2) and (4) of this section, it is an unlawful practice under ORS chapter 659A for a place of public accommodation offering goods or services, or any person acting on behalf of such place, to:

(a) Refuse to accept from a customer or patron, as payment for goods and services, any of the following:

(A) United States coins.

(B) United States currency, including federal reserve bank notes and circulating notes of federal reserve banks and national banks.

(b) Make any distinction, discrimination or restriction because a customer or patron offers any of the following as payment for goods and services:

(A) United States coins.

(B) United States currency, including federal reserve bank notes and circulating notes of federal reserve banks and national banks.

(2) Notwithstanding subsection (1) of this section, a place of public accommodation, or any person acting on behalf of such place, may refuse to accept as payment for goods and services:

(a) United States coins, in any combination, in an amount equal to or greater than $100; or

(b) United States currency in denominations of $50 or $100.

(3) This section does not apply to:

(a) Farmers’ markets or roadside stands;

(b) Transactions occurring on aircraft;

(c) Transactions for goods or services involving a place or service offering goods, services, transient lodging or transportation, when the transaction or a portion of the transaction requires a customer or patron to deposit moneys or sign an agreement to rent or lease consumer goods;

(d) Any establishment that is owned by or operated under the control of the United States Government or an agency of the United States;

(e) Retail transactions that occur entirely over the telephone or by mail;

(f) Internet-based transactions;

(g) The purchase of diesel fuel or Class 1 flammable liquids at a filling station, service station, garage or other dispensary where diesel fuel or Class 1 flammable liquids are dispensed and sold at retail, during the hours in which the filling station, service station, garage or dispensary is unattended by an owner, operator or other employee to dispense the fuel or liquids or is attended by only one owner, operator or other employee to dispense the fuel or liquids;

(h) Electric vehicle charging stations;

(i) Transactions that occur in a micro market, including purchases from a vending machine;

(j) Purchases from a vending machine, unless the vending machine is located within a concentration or cluster of more than eight vending machines that do not accept coins or currency as payment for purchases;

(k) Activities for which a license or certificate is required to transact insurance;

(L) A place of public accommodation that provides hospital or medical services and that bills or invoices a person after such services are rendered, provided that the place of public accommodation accepts coins and currency as payment for the bill or invoice by mail or at a designated location other than the location where the services are rendered;

(m) Any regional office of the Department of Revenue;

(n) A place of public accommodation that is a branch or office of a bank holding company, financial holding company, financial institution or trust company or an affiliate of a bank holding company, financial holding company, financial institution or trust company;

(o) Transactions for which a license is required under ORS 59.165 (Licensing of broker-dealers, investment advisers and salespersons required) ;

(p) Transactions for which a license is required under ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English) , 86A.200 (Definitions) to 86A.239 (Display of license and unique identifier) or 86A.303 (Definitions) to 86A.339 (Additional duties of mortgage loan servicer) ;

(q) Escrow transactions for which a license is required under ORS 696.511 (License requirement) ;

(r) A licensee under ORS chapter 725;

(s) A membership-only retail establishment where goods and services are sold to members who pay a recurring membership fee;

(t) On-street and off-street parking pay stations that accept either coins or currency as one method of payment; or

(u) On-street and off-street parking pay stations that do not accept coins or currency, provided that access to another pay station that accepts coins or currency as payment for the parking is made readily available to patrons.

(4) It is not a violation of subsection (1) of this section for a place of public accommodation, including a venue or facility used for live entertainment or sporting events, to require patrons or event attendees to make purchases at different points of sale within the place of public accommodation using a payment system that transfers or converts cash into a cashless payment instrument, including, but not limited to, tokens, cards, wristbands or other instruments that are preloaded with funds, provided that the place of public accommodation does not charge a transaction fee for the conversion or transfer of cash to the cashless payment instrument or to refund any balance that remains on the cashless payment instrument back to the patron or event attendee.

(5) Nothing in this section may be construed to prohibit, restrict or otherwise interfere with the ability of a place of public accommodation to:

(a) Accept, in addition to the forms of payment described under subsection (1) of this section, as payment for goods or services any other form of payment, provided that such payment is not prohibited under federal or state law;

(b) After services are rendered, invoice or bill a customer or patron, or submit a claim to a third party to receive payment for the services; or

(c) Offer a customer or patron an incentive for paying for goods or services in coin or currency.

(6) A person who alleges a violation of subsection (1) of this section may file a complaint with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820 (Complaints) .

(7) As used in this section:

(a) “Affiliate” means any company that controls, is controlled by or is under common control of another company.

(b) “Bank holding company,” “financial holding company,” “financial institution” and “trust company” have the meanings given those terms in ORS 706.008 (Additional definitions for Bank Act) .

(c) “Class 1 flammable liquids” has the meaning given that term in ORS 480.310 (Definitions for ORS 480.310 to 480.385) .

(d) “Consumer goods” has the meaning given that term in ORS 79.0102 (UCC 9-102. Definitions and index of definitions) .

(e) “Escrow” has the meaning given that term in ORS 696.505 (Definitions for ORS 696.505 to 696.590) .

(f) Intentionally left blank —Ed.

(A) “Internet-based transaction” means a transaction that occurs over the Internet and that involves a sale, purchase or reservation of or deposit for goods or services to be picked up by, delivered to, shipped to or consumed by a customer or patron.

(B) “Internet-based transaction” does not mean an in-person transaction.

(g) “Micro market” means an unattended retail establishment to which access by the general public is restricted that offers whole or fresh-cut fruit and vegetables, packaged foods or beverages for purchase through an automated payment processing system.

(h) “Place of public accommodation” has the meaning given that term in ORS 659A.400 (Place of public accommodation defined) .

(i) “Regional office” means an office of the Department of Revenue other than a central office or headquarters building located in Salem.

(j) “Transact insurance” has the meaning given that term in ORS 731.146 (“Transact insurance.”) .

(k) “Transient lodging” has the meaning given that term in ORS 699.005 (Definitions) .

(L) “Vending machine” has the meaning given that term in ORS 624.310 (Definitions for ORS 624.310 to 624.430) . [2022 c.98 §1; 2023 c.215 §1]

Note: 659A.410 (Refusing to accept currency or coins as payment prohibited) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 659A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 659A.410 — Refusing to accept currency or coins as payment prohibited; exceptions; remedies for violation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 658.487 — OR Code / Title 51 / Chapter 658 / Section 658.487
658.487 Certain agreements void
Status: in_force

Agreements by employees purporting to waive or to modify their rights under this chapter are void as contrary to public policy. [1989 c.164 §7]

Source: Section 658.487 — Certain agreements void , https://www.­oregonlegislature.­gov/bills_laws/ors/ors658.­html (accessed May 26, 2025).
ORS § 653.355 — OR Code / Title 51 / Chapter 653 / Section 653.355
653.355 Exemption of certain employers
Status: in_force

Nothing in ORS 653.345 (Legislative findings) , 653.350 (Employment of children under 12 years for certain agricultural labor) and 653.355 (Exemption of certain employers) shall apply to employers which are exempt from the child labor provisions of the federal Fair Labor Standards Act. [1975 c.422 §3]

Source: Section 653.355 — Exemption of certain employers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html (accessed May 26, 2025).
ORS § 656.027 — OR Code / Title 51 / Chapter 656 / Section 656.027
656.027 Who are subject workers
Status: in_force

All workers are subject to this chapter except those nonsubject workers described in the following subsections:

(1) A worker employed as a domestic servant in or about a private home. For the purposes of this subsection “domestic servant” means any worker engaged in household domestic service by private employment contract, including, but not limited to, home health workers.

(2) A worker employed to do gardening, maintenance, repair, remodeling or similar work in or about the private home of the person employing the worker.

(3) Intentionally left blank —Ed.

(a) A worker whose employment is casual and either:

(A) The employment is not in the course of the trade, business or profession of the employer; or

(B) The employment is in the course of the trade, business or profession of a nonsubject employer.

(b) For the purpose of this subsection, “casual” refers only to employments where the work in any 30-day period, without regard to the number of workers employed, involves a total labor cost of less than $1,000. The total labor cost below which employment is casual under this paragraph must be adjusted annually on July 1 by the same percentage increase, if any, as is made to the average weekly wage, as defined in ORS 656.211 (“Average weekly wage” defined) .

(4) A person for whom a rule of liability for injury or death arising out of and in the course of employment is provided by the laws of the United States.

(5) A worker engaged in the transportation in interstate commerce of goods, persons or property for hire by rail, water, aircraft or motor vehicle, and whose employer has no fixed place of business in this state.

(6) Firefighter and police employees of any city having a population of more than 200,000 that provides a disability and retirement system by ordinance or charter.

(7) Intentionally left blank —Ed.

(a) Sole proprietors, except those described in paragraph (b) of this subsection. When labor or services are performed under contract, the sole proprietor must qualify as an independent contractor to be a nonsubject worker.

(b) Sole proprietors actively licensed under ORS 671.525 (Applicant for landscape contracting business license required to be independent contractor) or 701.021 (License requirement) . When labor or services are performed under contract for remuneration, notwithstanding ORS 656.005 (Definitions) (28), the sole proprietor must qualify as an independent contractor. Any sole proprietor licensed under ORS 671.525 (Applicant for landscape contracting business license required to be independent contractor) or 701.021 (License requirement) and involved in activities subject thereto is conclusively presumed to be an independent contractor.

(8) Except as provided in subsection (23) of this section, partners who are not engaged in work performed in direct connection with the construction, alteration, repair, improvement, moving or demolition of an improvement on real property or appurtenances thereto. When labor or services are performed under contract, the partnership must qualify as an independent contractor to be a nonsubject worker.

(9) Except as provided in subsection (25) of this section, members, including members who are managers, of limited liability companies, regardless of the nature of the work performed. However, members, including members who are managers, of limited liability companies with more than one member, while engaged in work performed in direct connection with the construction, alteration, repair, improvement, moving or demolition of an improvement on real property or appurtenances thereto, are subject workers. When labor or services are performed under contract, the limited liability company must qualify as an independent contractor to be a nonsubject worker.

(10) Except as provided in subsection (24) of this section, corporate officers who are directors of the corporation and who have a substantial ownership interest in the corporation, regardless of the nature of the work performed by such officers, subject to the following limitations:

(a) If the activities of the corporation are conducted on land that receives farm use tax assessment pursuant to ORS chapter 308A, corporate officer includes all individuals identified as directors in the corporate bylaws, regardless of ownership interest, and who are members of the same family, whether related by blood, marriage or adoption.

(b) If the activities of the corporation involve the commercial harvest of timber and all officers of the corporation are members of the same family and are parents, daughters or sons, daughters-in-law or sons-in-law or grandchildren, then all such officers may elect to be nonsubject workers. For all other corporations involving the commercial harvest of timber, the maximum number of exempt corporate officers for the corporation shall be whichever is the greater of the following:

(A) Two corporate officers; or

(B) One corporate officer for each 10 corporate employees.

(c) When labor or services are performed under contract, the corporation must qualify as an independent contractor to be a nonsubject worker.

(11) A person performing services primarily for board and lodging received from any religious, charitable or relief organization.

(12) A newspaper carrier utilized in compliance with the provisions of ORS 656.070 (Definitions for ORS 656.027, 656.070 and 656.075) and 656.075 (Exemption from coverage for newspaper carriers) .

(13) A person who has been declared an amateur athlete under the rules of the United States Olympic Committee or the Canadian Olympic Committee and who receives no remuneration for performance of services as an athlete other than board, room, rent, housing, lodging or other reasonable incidental subsistence allowance, or any amateur sports official who is certified by a recognized Oregon or national certifying authority, which requires or provides liability and accident insurance for such officials. A roster of recognized Oregon and national certifying authorities will be maintained by the Department of Consumer and Business Services, from lists of certifying organizations submitted by the Oregon School Activities Association and the Oregon Park and Recreation Society.

(14) Volunteer personnel participating in the ACTION programs, organized under the Domestic Volunteer Service Act of 1973, P.L. 93-113, known as the Foster Grandparent Program and the Senior Companion Program, whether or not the volunteers receive a stipend or nominal reimbursement for time and travel expenses.

(15) A person who has an ownership or leasehold interest in equipment and who furnishes, maintains and operates the equipment. As used in this subsection “equipment” means:

(a) A motor vehicle used in the transportation of logs, poles or piling.

(b) A motor vehicle used in the transportation of rocks, gravel, sand, dirt or asphalt concrete.

(c) A motor vehicle used in the transportation of property by a for-hire motor carrier that is required under ORS 825.100 (Certificate or permit required for commercial transportation of persons or property on public highways) or 825.104 (Federal registration and financial responsibility requirements for interstate carriers) to possess a certificate or permit or to be registered.

(16) A person engaged in the transportation of the public for recreational down-river boating activities on the waters of this state pursuant to a federal permit when the person furnishes the equipment necessary for the activity. As used in this subsection, “recreational down-river boating activities” means those boating activities for the purpose of recreational fishing, swimming or sightseeing utilizing a float craft with oars or paddles as the primary source of power.

(17) A person who receives no wage other than ski passes or other noncash remuneration for performing volunteer:

(a) Ski patrol activities; or

(b) Ski area program activities sponsored by a ski area operator, as defined in ORS 30.970 (Definitions for ORS 30.970 to 30.990) , or by a nonprofit corporation or organization.

(18) A person 19 years of age or older who contracts with a newspaper publishing company or independent newspaper dealer or contractor to distribute newspapers to the general public and perform or undertake any necessary or attendant functions related thereto.

(19) A person performing foster parent or adult foster care duties pursuant to ORS chapter 418, 430 or 443.

(20) A person performing services on a volunteer basis for a nonprofit, religious, charitable or relief organization, whether or not such person receives meals or lodging or nominal reimbursements or vouchers for meals, lodging or expenses.

(21) A person performing services under a property tax work-off program established under ORS 310.800 (Property tax work-off programs) .

(22) A person who performs service as a caddy at a golf course in an established program for the training and supervision of caddies under the direction of a person who is an employee of the golf course.

(23) Intentionally left blank —Ed.

(a) Partners who are actively licensed under ORS 671.525 (Applicant for landscape contracting business license required to be independent contractor) or 701.021 (License requirement) and who have a substantial ownership interest in a partnership. If all partners are members of the same family and are parents, spouses, sisters, brothers, daughters or sons, daughters-in-law or sons-in-law or grandchildren, all such partners may elect to be nonsubject workers. For all other partnerships licensed under ORS 671.510 (Short title) to 671.760 (Business income tax) or 701.021 (License requirement) , the maximum number of exempt partners shall be whichever is the greater of the following:

(A) Two partners; or

(B) One partner for each 10 partnership employees.

(b) When labor or services are performed under contract for remuneration, notwithstanding ORS 656.005 (Definitions) (28), the partnership qualifies as an independent contractor. Any partnership licensed under ORS 671.525 (Applicant for landscape contracting business license required to be independent contractor) or 701.021 (License requirement) and involved in activities subject thereto is conclusively presumed to be an independent contractor.

(24) Intentionally left blank —Ed.

(a) Corporate officers who are directors of a corporation actively licensed under ORS 671.525 (Applicant for landscape contracting business license required to be independent contractor) or 701.021 (License requirement) and who have a substantial ownership interest in the corporation, regardless of the nature of the work performed. If all officers of the corporation are members of the same family and are parents, spouses, sisters, brothers, daughters or sons, daughters-in-law or sons-in-law or grandchildren, all such officers may elect to be nonsubject workers. For all other corporations licensed under ORS 671.510 (Short title) to 671.760 (Business income tax) or 701.021 (License requirement) , the maximum number of exempt corporate officers shall be whichever is the greater of the following:

(A) Two corporate officers; or

(B) One corporate officer for each 10 corporate employees.

(b) When labor or services are performed under contract for remuneration, notwithstanding ORS 656.005 (Definitions) (28), the corporation qualifies as an independent contractor. Any corporation licensed under ORS 671.525 (Applicant for landscape contracting business license required to be independent contractor) or 701.021 (License requirement) and involved in activities subject thereto is conclusively presumed to be an independent contractor.

(25) Intentionally left blank —Ed.

(a) Limited liability company members who are members of a company actively licensed under ORS 671.525 (Applicant for landscape contracting business license required to be independent contractor) or 701.021 (License requirement) and who have a substantial ownership interest in the company, regardless of the nature of the work performed. If all members of the company are members of the same family and are parents, spouses, sisters, brothers, daughters or sons, daughters-in-law or sons-in-law or grandchildren, all such members may elect to be nonsubject workers. For all other companies licensed under ORS 671.510 (Short title) to 671.760 (Business income tax) or 701.021 (License requirement) , the maximum number of exempt company members shall be whichever is the greater of the following:

(A) Two company members; or

(B) One company member for each 10 company employees.

(b) When labor or services are performed under contract for remuneration, notwithstanding ORS 656.005 (Definitions) (28), the company qualifies as an independent contractor. Any company licensed under ORS 671.525 (Applicant for landscape contracting business license required to be independent contractor) or 701.021 (License requirement) and involved in activities subject thereto is conclusively presumed to be an independent contractor.

(26) A person serving as a referee or assistant referee in a youth or adult recreational soccer match whose services are retained on a match-by-match basis.

(27) A person who operates, and who has an ownership or leasehold interest in, a passenger motor vehicle that is operated as a taxicab or for nonemergency medical transportation. As used in this subsection:

(a) “Lease” means a contract under which the lessor provides a vehicle to a lessee for consideration.

(b) “Leasehold” includes, but is not limited to, a lease for a shift or a longer period.

(c) “Passenger motor vehicle that is operated as a taxicab” means a vehicle that:

(A) Has a passenger seating capacity that does not exceed seven persons;

(B) Is transporting persons, property or both on a route that begins or ends in Oregon; and

(C) Intentionally left blank —Ed.

(i) Carries passengers for hire when the destination and route traveled may be controlled by a passenger and the fare is calculated on the basis of any combination of an initial fee, distance traveled or waiting time; or

(ii) Is in use under a contract to provide specific service to a third party to transport designated passengers or to provide errand services to locations selected by the third party.

(d) “Passenger motor vehicle that is operated for nonemergency medical transportation” means a vehicle that:

(A) Has a passenger seating capacity that does not exceed seven persons;

(B) Is transporting persons, property or both on a route that begins or ends in Oregon; and

(C) Provides medical transportation services under contract with or on behalf of a mass transit or transportation district. [1965 c.285 §9; 1971 c.386 §1; 1977 c.683 §1; 1977 c.817 §2; 1977 c.835 §7; 1979 c.821 §1; 1981 c.225 §1; 1981 c.444 §1; 1981 c.535 §3; 1981 c.839 §1; 1983 c.341 §1; 1983 c.541 §1; 1983 c.579 §3; 1985 c.431 §1; 1985 c.706 §2; 1987 c.94 §168; 1987 c.414 §161; 1987 c.800 §2; 1989 c.762 §4; 1990 c.2 §4; 1991 c.469 §1; 1991 c.707 §1; 1993 c.18 §138a; 1993 c.494 §2; 1993 c.777 §10; 1995 c.93 §32; 1995 c.216 §§3,3a; 1995 c.332 §6; 1997 c.337 §1; 1999 c.314 §91; 1999 c.402 §8; 2001 c.363 §1; 2001 c.765 §4; 2003 c.677 §1; 2005 c.167 §1; 2007 c.465 §6; 2007 c.541 §9; 2007 c.721 §1; 2007 c.836 §49; 2008 c.32 §§2,3; 2021 c.257 §2; 2021 c.453 §15]

Source: Section 656.027 — Who are subject workers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 657b.900 — OR Code / Title 51 / Chapter 657b / Section 657b.900
657B.900 Criminal penalties
Status: in_force

(1) In addition to any penalties otherwise prescribed under this chapter, violation of any provision of this chapter is a Class A misdemeanor.

(2) If an offending employer is a corporation, the president, secretary and the treasurer, or officers exercising corresponding functions, are subject to the penalties in this section in respect to any duties of which they respectively had knowledge or in the proper exercise of their duties ought to have had knowledge.

(3) Subject to ORS 153.022 (Authority of agency to specify rule violation as particular level of violation) , willful violation of this chapter or of any order issued or rule adopted under this chapter, the violation of which is made unlawful or the compliance with which is required under this chapter, and for which a penalty is neither prescribed in this section nor provided by any other applicable statute, is a Class C misdemeanor. Each day the violation continues is considered a separate offense. [2019 c.700 §30]

Source: Section 657B.900 — Criminal penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657B.­html (accessed May 26, 2025).
ORS § 653.400 — OR Code / Title 51 / Chapter 653 / Section 653.400
653.400 Rules
Status: in_force

The Bureau of Labor and Industries may prepare, adopt and promulgate rules for the carrying into effect of this section and ORS 653.305 (Bureau’s inquiry into employment of minors) to 653.370 (Civil penalty for unlawful employment of minors) , 653.560 (Authority of Bureau of Labor and Industries) and 653.565 (Investigating compliance with rules) . [Formerly 653.525]

Source: Section 653.400 — Rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html (accessed May 26, 2025).
ORS § 658.735 — OR Code / Title 51 / Chapter 658 / Section 658.735
658.735 Bond required
Status: in_force

(1) Each applicant shall submit with the application and shall continually maintain thereafter a bond approved by the Commissioner of the Bureau of Labor and Industries. The amount of the bond and the security behind the bond shall be $15,000 or the amount specified in ORS 658.415 (Application for license) , whichever is greater. This bond shall satisfy the bond required by ORS 658.415 (Application for license) . If there is an unsatisfied judgment of a court or final decision of an administrative agency against an indorsee applicant, the subject of which is any matter which would be covered by the bond referred to in this subsection, the commissioner shall not issue an indorsement to the applicant until the judgment or decision is satisfied. As a condition of indorsement, the commissioner may require the applicant to submit proof of financial ability required by this subsection in an amount up to three times that ordinarily required of an indorsee applicant. In lieu of the bond required by this subsection, each applicant may file with the commissioner, under the same terms and conditions as when a bond is filed, a deposit in cash or negotiable securities acceptable to the commissioner.

(2) All bonds or deposits filed under this section shall be executed to cover liability for the period for which the indorsement is issued. During the period for which executed, no bond can be canceled or otherwise terminated.

(3) Any person who suffers any loss specified in subsection (9) 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:

(a) The right of action is assignable and must be included with the claim, or of a judgment thereon.

(b) The right of action shall not be included in any suit or action against the farmworker camp operator but must be exercised independently after first procuring a judgment or other form of adequate proof of liability established by rule establishing the farmworker camp operator’s liability for the claim.

(4) The surety company or the commissioner shall make prompt and periodic payments on the farmworker camp operator’s liability up to the extent of the total sum of the bond or deposit. Payments shall be made in the following manner:

(a) Payment shall be made based upon priority of wage claims over any other claims.

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

(c) If there are insufficient funds to pay in full the person next entitled to payment in full, such person will be paid in part.

(5) No person shall bring any suit or action against the surety company or the commissioner on the bonding obligation or as trustee for the beneficiaries of the indorsee under any deposit made pursuant to this section unless the person has first exhausted the procedures contained in subsections (3) and (6) of this section and contends that the surety company or the commissioner still has funds which are applicable to the person’s judgment or acknowledgment.

(6) 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 company or the commissioner within six months from the end of the period for which the bond or deposit was executed and made.

(7) If the commissioner has received no notice as provided in subsection (6) of this section within six months after a farm 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.

(8) Every indorsee required by this section to furnish a surety bond, or make a deposit in lieu thereof, shall keep conspicuously posted in an exterior area of the camp which is open to all employees and in a manner easily visible to occupants of and visitors to the camp, a notice in both English and any other language used by the indorsee to communicate with workers specifying the indorsee’s compliance with the requirements of this section 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.

(9) The bond or deposit referred to in subsection (1) of this section shall be payable to the commissioner and shall be conditioned upon:

(a) All sums legally owing to any person when the indorsee or the indorsee’s agents have received such sums;

(b) All damages occasioned to any person by reason of any material misrepresentation, fraud, deceit or other unlawful act or omission by the indorsee, or the indorsee’s agents or employees acting within the scope of their employment; and

(c) All sums legally owing to any employee of the indorsee. [1989 c.962 §5; 1993 c.723 §2; 2003 c.576 §535]

Source: Section 658.735 — Bond required; claim on bond; procedures; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors658.­html (accessed May 26, 2025).
ORS § 653.646 — OR Code / Title 51 / Chapter 653 / Section 653.646
653.646 Multiemployer exception
Status: in_force

(1) An employer signatory to a collective bargaining agreement to which the employer has agreed to contribute to a multiemployer-employee trust or benefit plan that is maintained for the benefit of the employees subject to the agreement shall be considered to have met the requirements of ORS 653.601 (Definitions for ORS 653.601 to 653.661) to 653.661 (Preemption) if:

(a) The terms of the agreement provide a sick leave policy or other paid time off program that is substantially equivalent to or more generous than the minimum requirements of ORS 653.601 (Definitions for ORS 653.601 to 653.661) to 653.661 (Preemption) for the benefit of employees:

(A) Who are employed through a hiring hall or similar referral system operated by the labor organization or a third party;

(B) Whose terms and conditions of employment are covered by the multiemployer collective bargaining agreement; and

(C) Whose employment-related benefits are provided by the joint multiemployer-employee trust or benefit plan;

(b) The trustees of the trust or benefit plan have agreed to the level of benefits provided under the sick leave policy or other paid time off program; and

(c) The contributions to the trust or benefit plan are made solely by the employer signatories to the agreement.

(2) Intentionally left blank —Ed.

(a) An employee is eligible to use sick time accrued under a sick time policy or other program made available by an employer under subsection (1) of this section beginning on the 91st calendar day of employment with an employer who is a signatory to the multiemployer collective bargaining agreement described under subsection (1) of this section.

(b) An employee may combine employment service attributable to each employer signatory for whom the employee worked to meet the eligibility requirements under paragraph (a) of this subsection.

(3) The requirements of ORS 653.601 (Definitions for ORS 653.601 to 653.661) to 653.661 (Preemption) do not apply to an employee:

(a) Who is employed as a longshore worker;

(b) Who is employed through a hiring hall or similar referral system operated by the labor organization or a third party;

(c) Whose terms and conditions of employment are covered by a collective bargaining agreement; and

(d) Whose employment-related benefits are provided by a joint multiemployer-employee trust or benefit plan.

(4) Intentionally left blank —Ed.

(a) The Home Care Commission created under ORS 410.602 (Home Care Commission) shall establish a paid sick time policy for consumer employed home care workers and consumer employed personal support workers.

(b) A policy for paid sick time for consumer employed home care workers and consumer employed personal support workers implemented by the Home Care Commission that allows an eligible home care worker or personal support worker to accrue and use up to 40 hours of paid time off a year, including but not limited to sick time, is deemed to meet the requirements of ORS 653.601 (Definitions for ORS 653.601 to 653.661) to 653.661 (Preemption) and is exempt from the provisions of ORS 653.601 (Definitions for ORS 653.601 to 653.661) (6), 653.606 (Employee count) (5), 653.611 (Substantially equivalent policies) , 653.621 (Minimum use increments) , 653.626 (Medical verification) and 653.631 (Accrual amount records) .

(5) As used in this section:

(a) “Consumer employed home care worker” has the meaning given the term “home care worker” in ORS 410.600 (Definitions for ORS 410.595 to 410.625) .

(b) “Consumer employed personal support worker” has the meaning given the term “personal support worker” in ORS 410.600 (Definitions for ORS 410.595 to 410.625) . [2015 c.537 §12; 2018 c.75 §27; 2021 c.491 §1]

Source: Section 653.646 — Multiemployer exception; mandate to establish sick time policy for home care workers and consumer employed personal support workers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html (accessed May 26, 2025).
ORS § 657b.010 — OR Code / Title 51 / Chapter 657b / Section 657b.010
657B.010 Definitions
Status: in_force

As used in this chapter:

(1) “Alternate base year” means the last four completed calendar quarters preceding the benefit year.

(2) “Average weekly wage” means the amount calculated by the Employment Department as the state average weekly covered wage under ORS 657.150 (Amount of benefits) (4)(e) as determined not more than once per year.

(3) “Base year” means the first four of the last five completed calendar quarters preceding the benefit year.

(4) “Benefits” means family and medical leave insurance benefits.

(5) Intentionally left blank —Ed.

(a) “Benefit year” means, except as provided in paragraph (b) of this subsection, a period of 52 consecutive weeks beginning on the Sunday immediately preceding the date on which family leave, medical leave or safe leave commences.

(b) “Benefit year” means, in the event that the 52-week period described in paragraph (a) of this subsection would result in an overlap of any quarter of the base year of a previously filed valid claim, a period of 53 consecutive weeks beginning on the Sunday immediately preceding the date on which family leave, medical leave or safe leave commences.

(6) “Child” means:

(a) A biological child, adopted child, stepchild or foster child of a covered individual or of the covered individual’s spouse or domestic partner;

(b) A person who is or was a legal ward of a covered individual or of the covered individual’s spouse or domestic partner; or

(c) A person who is or was in a relationship of in loco parentis with a covered individual or with the covered individual’s spouse or domestic partner.

(7) “Claimant” means an individual who has submitted an application or established a claim for benefits.

(8) “Contribution” or “contributions” means the money payments made by any of the following under ORS 657B.150 (Contributions) :

(a) An employer;

(b) An employee;

(c) A self-employed individual;

(d) A tribal government; or

(e) An employee of a tribal government.

(9) “Covered individual” means any one of the following who qualifies under ORS 657B.015 (Benefit eligibility) to receive family and medical leave insurance benefits:

(a) An eligible employee;

(b) A self-employed individual; or

(c) An employee of a tribal government.

(10) “Domestic partner” means an individual joined in a domestic partnership.

(11) “Domestic partnership” has the meaning given that term in ORS 106.310 (Definitions for ORS 106.300 to 106.340) .

(12) “Eligible employee” means:

(a) Intentionally left blank —Ed.

(A) An employee who has earned at least $1,000 in wages during the base year; or

(B) If an employee has not earned at least $1,000 in wages during the base year, an employee who has earned at least $1,000 in wages during the alternate base year; and

(b) An employee to whom paid family and medical leave insurance benefits may be available under ORS 657B.015 (Benefit eligibility) .

(13) “Eligible employee’s average weekly wage” means an amount calculated by the Director of the Employment Department by dividing the total wages earned by an eligible employee during the base year by the number of weeks in the base year.

(14) Intentionally left blank —Ed.

(a) “Employee” means:

(A) An individual performing services for an employer for remuneration or under any contract of hire, written or oral, express or implied.

(B) A home care worker as defined in ORS 410.600 (Definitions for ORS 410.595 to 410.625) .

(b) “Employee” does not include:

(A) An independent contractor as defined in ORS 670.600 (Independent contractor defined) .

(B) A participant in a work training program administered under a state or federal assistance program.

(C) A participant in a work-study program that provides students in secondary or postsecondary educational institutions with employment opportunities for financial assistance or vocational training.

(D) A railroad worker exempted under the federal Railroad Unemployment Insurance Act.

(E) A volunteer.

(F) A judge as defined in ORS 260.005 (Definitions) .

(G) A member of the Legislative Assembly.

(H) A holder of public office as defined in ORS 260.005 (Definitions) .

(15) Intentionally left blank —Ed.

(a) “Employer” means any person that employs one or more employees working anywhere in this state or any agent or employee of such person to whom the duties of the person under this chapter have been delegated.

(b) “Employer” includes:

(A) A political subdivision of this state or any county, city, district, authority or public corporation, or any instrumentality of a county, city, district, authority or public corporation, organized and existing under law or charter;

(B) An individual;

(C) Any type of organization, corporation, partnership, limited liability company, association, trust, estate, joint stock company or insurance company;

(D) Any successor in interest to an entity described in subparagraph (C) of this paragraph;

(E) A trustee, trustee in bankruptcy or receiver; or

(F) A trustee or legal representative of a deceased person.

(c) “Employer” does not include the federal government or a tribal government.

(16) “Employment agency” has the meaning given that term in ORS 658.005 (Definitions for ORS 658.005 to 658.245) .

(17) “Family and medical leave insurance benefits” means the wage replacement benefits that are available to a covered individual under ORS 657B.050 (Amount of benefits) or under the terms of an employer plan approved under ORS 657B.210 (Equivalent plans, generally) , for family leave, medical leave or safe leave.

(18) Intentionally left blank —Ed.

(a) “Family leave” means leave from work taken by a covered individual:

(A) To care for and bond with a child during the first year after the child’s birth or during the first year after the placement of the child through foster care or adoption; or

(B) To care for a family member with a serious health condition.

(b) “Family leave” does not mean:

(A) Leave described in ORS 659A.159 (Purposes for which family leave may be taken) (1)(d);

(B) Leave described in ORS 659A.159 (Purposes for which family leave may be taken) (1)(e); or

(C) Leave authorized under ORS 659A.093 (Employer required to provide leave) .

(19) “Family member” means:

(a) The spouse of a covered individual;

(b) A child of a covered individual or the child’s spouse or domestic partner;

(c) A parent of a covered individual or the parent’s spouse or domestic partner;

(d) A sibling or stepsibling of a covered individual or the sibling’s or stepsibling’s spouse or domestic partner;

(e) A grandparent of a covered individual or the grandparent’s spouse or domestic partner;

(f) A grandchild of a covered individual or the grandchild’s spouse or domestic partner;

(g) The domestic partner of a covered individual; or

(h) Any individual related by blood or affinity whose close association with a covered individual is the equivalent of a family relationship.

(20) “Medical leave” means leave from work taken by a covered individual that is made necessary by the individual’s own serious health condition.

(21) “Parent” means:

(a) A biological parent, adoptive parent, stepparent or foster parent of a covered individual;

(b) A person who was a foster parent of a covered individual when the covered individual was a minor;

(c) A person designated as the legal guardian of a covered individual at the time the covered individual was a minor or required a legal guardian;

(d) A person with whom a covered individual was or is in a relationship of in loco parentis; or

(e) A parent of a covered individual’s spouse or domestic partner who meets a description under paragraphs (a) to (d) of this subsection.

(22) “Safe leave” means leave taken for any purpose described in ORS 659A.272 (Employer required to provide leave) .

(23) “Self-employed individual” means:

(a) An individual who has self-employment income as defined in section 1402(b) of the Internal Revenue Code as amended and in effect on December 31, 2022; or

(b) An independent contractor as defined in ORS 670.600 (Independent contractor defined) .

(24) “Serious health condition” has the meaning given that term in ORS 659A.150 (Definitions for ORS 659A.150 to 659A.186) .

(25) “Third party administrator” means a third party that enters into an agreement with the Director of the Employment Department to implement and administer the paid family and medical leave program established under this chapter.

(26) “Tribal government” has the meaning given that term in ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946) .

(27) Intentionally left blank —Ed.

(a) “Wages” has the meaning given that term in ORS 657.105 (Wages) .

(b) “Wages” does not mean contribution amounts paid to the Paid Family and Medical Leave Insurance Fund by an employer on behalf of an employee under ORS 657B.150 (Contributions) (5). [2019 c.700 §2; 2021 c.388 §10; 2021 c.456 §29; 2022 c.24 §1; 2022 c.83 §29; 2023 c.171 §29; 2023 c.292 §11]

Note: Section 16 (8), chapter 292, Oregon Laws 2023, provides:

Sec. 16. (8) The amendments to ORS 657B.010 (Definitions) by section 11 of this 2023 Act apply to contributions paid and benefits made available on or after January 1, 2023. [2023 c.292 §16(8); 2023 c.292 §16a(8)]

Source: Section 657B.010 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657B.­html (accessed May 26, 2025).
ORS § 660.210 — OR Code / Title 51 / Chapter 660 / Section 660.210
660.210 Tort liability of committees, officers, employees and agents
Status: in_force

(1) In any action based on tort, as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300) , the liability of any local joint committee formed under ORS 660.135 (Local joint committees) , trade committee for apprenticeship and training formed under ORS 660.145 (Trade apprenticeship and training committees) or state joint committee formed under ORS 660.155 (State joint committees) , and the liability of its officers, employees and agents acting within the scope of their employment or duties, shall not exceed:

(a) $50,000 to any claimant for any number of claims for damage to or destruction of property, including consequential damages, arising out of a single accident or occurrence.

(b) $100,000 to any claimant as general and special damages for all other claims arising out of a single accident or occurrence unless those damages exceed $100,000, in which case the claimant may recover additional special damages, but in no event shall the total award of special damages exceed $100,000.

(c) $500,000 for any number of claims arising out of a single accident or occurrence.

(2) No award for damages on any claim subject to this section shall include punitive damages. The limitation imposed by this section on individual claimants includes damages claimed for loss of services or loss of support arising out of the same tort, as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300) .

(3) In any action subject to this section in which the amount awarded to or settled upon multiple claimants exceeds $500,000, any party may apply to any circuit court to apportion to each claimant the proper share of the total amount limited by subsection (1) of this section. The share apportioned each claimant shall be in the proportion that the ratio of the award or settlement made to the claimant bears to the aggregate awards and settlements for all claims arising out of the occurrence.

(4) The liability of a committee described in subsection (1) of this section and one or more of its officers, employees or agents, or two or more officers, employees or agents of the committee, on claims arising out of a single accident or occurrence, shall not exceed in the aggregate the amounts limited by subsection (1) of this section. [1999 c.642 §2]

Source: Section 660.210 — Tort liability of committees, officers, employees and agents; limitations; punitive damages excluded , https://www.­oregonlegislature.­gov/bills_laws/ors/ors660.­html (accessed May 26, 2025).
ORS § 656.725 — OR Code / Title 51 / Chapter 656 / Section 656.725
656.725 Duties and status of Administrative Law Judges
Status: in_force

(1) Individuals holding the position of Administrative Law Judge created by the amendments to ORS 656.724 (Administrative Law Judges) by section 51, chapter 332, Oregon Laws 1995, have the authority to perform only those duties, functions and powers provided in ORS chapters 654, 655 and 656, and such other duties, functions and powers as may be prescribed by the Workers’ Compensation Board pursuant to ORS 656.726 (Duties and powers to carry out workers’ compensation and occupational safety laws) .

(2) Administrative Law Judges are not judges for the purposes of any provision of the Oregon Constitution and are not judges for the purposes of judges’ retirement under ORS chapters 238 and 238A. [1995 c.332 §53; 2003 c.733 §80]

Source: Section 656.725 — Duties and status of Administrative Law Judges , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 656.156 — OR Code / Title 51 / Chapter 656 / Section 656.156
656.156 Intentional injuries
Status: in_force

(1) If injury or death results to a worker from the deliberate intention of the worker to produce such injury or death, neither the worker nor the widow, widower, child or dependent of the worker shall receive any payment whatsoever under this chapter.

(2) If injury or death results to a worker from the deliberate intention of the employer of the worker to produce such injury or death, the worker, the widow, widower, child or dependent of the worker may take under this chapter, and also have cause for action against the employer, as if such statutes had not been passed, for damages over the amount payable under those statutes. [Amended by 1965 c.285 §20]

Source: Section 656.156 — Intentional injuries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 652.630 — OR Code / Title 51 / Chapter 652 / Section 652.630
652.630 Definitions for ORS 652.630 to 652.640
Status: in_force

As used in ORS 652.630 (Definitions for ORS 652.630 to 652.640) to 652.640 (Itemized statement of compensation and deductions required) , unless the context requires otherwise:

(1) “Bonus” means an increase in the agreed rate of compensation based on the amount of time worked during a perishable agricultural product season or based on the amount of a perishable agricultural product that is harvested.

(2) “Labor contractor” means a farm labor contractor as defined in ORS 658.405 (Definitions for ORS 658.405 to 658.511) .

(3) “Producer” means a person who raises perishable agricultural products. [1969 c.572 §1]

Note: 652.630 (Definitions for ORS 652.630 to 652.640) to 652.640 (Itemized statement of compensation and deductions required) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 652 by legislative action. See the Preface to Oregon Revised Statutes for further explanation.

Source: Section 652.630 — Definitions for ORS 652.630 to 652.640 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 659a.865 — OR Code / Title 51 / Chapter 659a / Section 659a.865
659A.865 Retaliatory action prohibited
Status: in_force

A respondent named in a complaint filed under ORS 659A.820 (Complaints) may not, with the intention of defeating a purpose of this chapter, take any action that deprives the person filing the complaint of any services, real property, employment or employment opportunities sought in the complaint during the period of time commencing with the date on which the respondent receives notice from the Commissioner of the Bureau of Labor and Industries that the complaint has been filed and ending on the date on which an administrative determination is made on the merits of the complaint or the matter is resolved by settlement. [2001 c.621 §11]

Source: Section 659A.865 — Retaliatory action prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 652.753 — OR Code / Title 51 / Chapter 652 / Section 652.753
652.753 Commissioner of Bureau of Labor and Industries to generate notice template for employers
Status: in_force

The Commissioner of the Bureau of Labor and Industries shall generate and make available on the Bureau of Labor and Industries website a template for a notice that employers may use to comply with the requirements of ORS 652.752 (Federal inspections of employee verification records) . The commissioner shall make the template available in English and in each of the five most widely used non-English languages in this state. The commissioner shall update the languages for which the templates are available every five years. [2019 c.260 §2]

Note: See note under 652.752 (Federal inspections of employee verification records) .

Source: Section 652.753 — Commissioner of Bureau of Labor and Industries to generate notice template for employers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 659a.121 — OR Code / Title 51 / Chapter 659a / Section 659a.121
659A.121 Undue hardship
Status: in_force

(1) For the purposes of ORS 659A.112 (Employment discrimination) , an accommodation imposes an undue hardship on the operation of the business of the employer if the accommodation requires significant difficulty or expense.

(2) For the purpose of determining whether an accommodation requires significant difficulty or expense, the following factors shall be considered:

(a) The nature and the cost of the accommodation needed.

(b) The overall financial resources of the facility or facilities involved in the provision of the accommodation, the number of persons employed at the facility and the effect on expenses and resources or other impacts on the operation of the facility caused by the accommodation.

(c) The overall financial resources of the employer, the overall size of the business of the employer with respect to the number of its employees and the number, type and location of the employer’s facilities.

(d) The type of operations conducted by the employer, including the composition, structure and functions of the workforce of the employer and the geographic separateness and administrative or fiscal relationship of the facility or facilities in question to the employer. [Formerly 659.440]

Source: Section 659A.121 — Undue hardship , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 660.330 — OR Code / Title 51 / Chapter 660 / Section 660.330
660.330 One-stop delivery system
Status: in_force

(1) The State Workforce and Talent Development Board and local workforce development boards shall ensure that Oregon’s one-stop delivery system under the federal Workforce Innovation and Opportunity Act is the foundation of local service delivery to employers and participants.

(2) One-stop partners shall include, but are not limited to, those described in section 3151 of the federal Act and programs referenced under section 3151(b) of the federal Act.

(3) This section does not restrict the authority of local workforce development boards to select providers and one-stop operators, or to set goals or policies, under the federal Act. [Formerly 411.935; 2017 c.185 §31; 2017 c.297 §9]

Source: Section 660.330 — One-stop delivery system; service providers , https://www.­oregonlegislature.­gov/bills_laws/ors/ors660.­html (accessed May 26, 2025).
ORS § 657.144 — OR Code / Title 51 / Chapter 657 / Section 657.144
657.144 Notice to individual of effect of filing claim for benefits
Status: in_force

(1) An individual filing a new claim for benefits under this chapter shall, at the time the claim is filed with the Employment Department, be advised that:

(a) Benefits are subject to federal and state income tax;

(b) Federal and state law may require that a recipient of benefits make quarterly estimated tax payments during the tax year in which the benefits are received;

(c) Federal and state law may impose penalties on a recipient of benefits for the failure to timely make estimated tax payments; and

(d) A recipient of benefits may elect under ORS 657.146 (Withholding from benefits for tax purposes) to have amounts withheld from the recipient’s payment of benefits for federal and state income tax purposes at the amount specified in:

(A) The federal Internal Revenue Code for the voluntary withholding of unemployment benefits for federal income tax purposes; and

(B) ORS 657.146 (Withholding from benefits for tax purposes) for the voluntary withholding of unemployment benefits for state income tax purposes.

(2) The Employment Department shall provide information to recipients of unemployment insurance benefits about the state and federal earned income tax credits. [1995 c.556 §54; 1997 c.133 §1; subsection (2) of 2017 Edition enacted as 2017 c.333 §2]

Note: 657.144 (Notice to individual of effect of filing claim for benefits) (2) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 657 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 657.144 — Notice to individual of effect of filing claim for benefits; earned income tax credits , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 657.345 — OR Code / Title 51 / Chapter 657 / Section 657.345
657.345 Approval of programs by director
Status: in_force

(1) Individuals who are identified as dislocated workers under the federal Workforce Innovation and Opportunity Act, and implementing regulations, and who attend training programs identified under the Act shall be considered to be in approved career and technical training. The training shall be for occupations or skills for which there are or are expected to be reasonable employment opportunities in the area or in another area to which the individual is willing to relocate or which relate to the development of a self-employment enterprise for which there is reasonable opportunity for success.

(2) In approving career and technical training for eligible dislocated workers who do not attend training programs identified in subsection (1) of this section, the Director of the Employment Department shall require:

(a) That the career and technical training relates to an occupation or skill for which there are, or are expected to be, reasonable employment opportunities in this state or relates to the development of a self-employment enterprise for which there is a reasonable opportunity for success.

(b) That the individual has the qualifications and aptitudes to successfully complete such career and technical training. [1969 c.156 §7; 1971 c.82 §4; 1983 c.9 §1; 1991 c.685 §7; 2001 c.684 §30; 2009 c.94 §26; 2017 c.185 §15; 2017 c.297 §33]

Source: Section 657.345 — Approval of programs by director , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 653.263 — OR Code / Title 51 / Chapter 653 / Section 653.263
653.263 Overtime for persons employed by seafood processors
Status: in_force

(1) As used in this section:

(a) “Seafood processor” means a cannery, drier or packing plant that processes seafood.

(b) “Workweek” means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. A workweek may begin on any day of the week and any hour of the day and need not coincide with a calendar week. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade overtime requirements.

(2) An employer may not require or permit an employee employed by a seafood processor to work more than 10 hours in any one day unless the employer compensates the employee as follows:

(a) One and one-half times the employee’s regular rate of pay for each hour the employee works over 10 hours in any one day if the employee is an hourly employee; or

(b) One and one-half times the regular price for all work done during the time the employee is employed over 10 hours per day if the employee is a piece worker.

(3) This section does not apply to:

(a) An employee who is engaged in manufacturing, as defined in ORS 652.020 (Maximum working hours in certain industries) ; or

(b) An employee whose principal duties are administrative in nature or who does not otherwise, in the usual course of the employee’s duties, come into contact with the direct processing of goods. [2017 c.685 §10]

Note: 653.263 (Overtime for persons employed by seafood processors) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 653.263 — Overtime for persons employed by seafood processors , https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html (accessed May 26, 2025).
ORS § 657.398 — OR Code / Title 51 / Chapter 657 / Section 657.398
657.398 Release, compromise or satisfaction of lien
Status: in_force

Any lien provided for in ORS 657.392 (Benefits subject to recovery as lien on real or personal property) and 657.394 (Filing of lien statement or warrant) may be released, compromised or satisfied by the Director of the Employment Department, and the property against which a lien is claimed shall be released therefrom by filing a notice of such release or satisfaction with the county clerk of the county in which the notice of lien claim was filed. [1997 c.372 §8]

Source: Section 657.398 — Release, compromise or satisfaction of lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 653.428 — OR Code / Title 51 / Chapter 653 / Section 653.428
653.428 Good faith estimate of work schedule
Status: in_force

(1) An employer shall provide a new employee with a written good faith estimate of the employee’s work schedule at the time of hire. The good faith estimate:

(a) Shall state the median number of hours the employee can expect to work in an average one-month period;

(b) Shall explain the voluntary standby list described in ORS 653.432 (Voluntary standby list) and provide the written notice required in ORS 653.432 (Voluntary standby list) ;

(c) Shall indicate whether an employee who is not on the voluntary standby list can expect to work on-call shifts and, if so, set forth an objective standard for when an employee not listed on the voluntary standby list may be expected to be available to work on-call shifts; and

(d) May be based on a prior year schedule if it is a good faith estimate of seasonal or episodic work.

(2) The employer shall include the good faith estimate in the language the employer typically uses to communicate with the employee. [2017 c.691 §4]

Note: See note under 653.412 (Definitions) .

Source: Section 653.428 — Good faith estimate of work schedule , https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html (accessed May 26, 2025).
ORS § 652.070 — OR Code / Title 51 / Chapter 652 / Section 652.070
652.070 Overtime pay for firefighters
Status: in_force

(1) Every affected incorporated city, municipality and fire district shall put into effect and maintain a schedule of working hours required of regularly employed firefighters which shall not be in excess of the average hours established by ORS 652.060 (Maximum working hours for firefighters) , and which shall provide for at least 48 consecutive hours off-duty time in each seven-day period. Any affected incorporated city, municipality or fire district failing so to do shall pay to every regularly employed firefighter as additional pay for every hour of regular duty required of and performed by the firefighter over and above the average hours established by ORS 652.060 (Maximum working hours for firefighters) a sum equivalent to one and one-half times the regular hourly rate of pay at the time of such default. However, in the case of replacement for any authorized leave, vacation or temporary vacancy, regularly employed firefighters in a department employing four or more persons on a full-time basis as firefighters may elect to work in excess of 56 hours a week at not less than their regular hourly rate of pay.

(2) Nothing in subsection (1) of this section requires payment of one and one-half times the hourly rate of pay to a volunteer firefighter for hours of duty performed in excess of the average hours established by ORS 652.060 (Maximum working hours for firefighters) . [Amended by 1959 c.402 §2; 1969 c.581 §2; 1983 c.319 §2]

Source: Section 652.070 — Overtime pay for firefighters , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 656.726 — OR Code / Title 51 / Chapter 656 / Section 656.726
656.726 Duties and powers to carry out workers’ compensation and occupational safety laws
Status: repealed

(1) The Workers’ Compensation Board in its name and the Director of the Department of Consumer and Business Services in the director’s name as director may sue and be sued, and each shall have a seal.

(2) The board hereby is charged with reviewing appealed orders of Administrative Law Judges in controversies concerning a claim arising under this chapter, exercising own motion jurisdiction under this chapter and providing such policy advice as the director may request, and providing such other review functions as may be prescribed by law. To that end any of its members or assistants authorized thereto by the members shall have power to:

(a) Hold sessions at any place within the state.

(b) Administer oaths.

(c) Issue and serve by the board’s representatives, or by any sheriff, subpoenas for the attendance of witnesses and the production of papers, contracts, books, accounts, documents and testimony before any hearing under ORS 654.001 (Short title) to 654.295 (Application of Oregon Safe Employment Act) , 654.412 (Definitions for ORS 654.412 to 654.423) to 654.423 (Use of physical force by health care employee in self-defense against assault) , 654.750 (Definitions for ORS 654.750 to 654.780) to 654.780 (Providing basic information to employees) and this chapter.

(d) Generally provide for the taking of testimony and for the recording of proceedings.

(3) The board chairperson is hereby charged with the administration of and responsibility for the Hearings Division.

(4) The director hereby is charged with duties of administration, regulation and enforcement of ORS 654.001 (Short title) to 654.295 (Application of Oregon Safe Employment Act) , 654.412 (Definitions for ORS 654.412 to 654.423) to 654.423 (Use of physical force by health care employee in self-defense against assault) , 654.750 (Definitions for ORS 654.750 to 654.780) to 654.780 (Providing basic information to employees) and this chapter. To that end the director may:

(a) Make and declare all rules and issue orders which are reasonably required in the performance of the director’s duties. Unless otherwise specified by law, all reports, claims or other documents shall be deemed timely provided to the director or board if mailed by regular mail or delivered within the time required by law. Notwithstanding any other provision of this chapter, the director may adopt rules to allow for the electronic transmission and filing of reports, claims or other documents required to be filed under this chapter and to require the electronic transmission and filing of proof of coverage required under ORS 656.419 (Workers’ compensation insurance contracts) , 656.423 (Cancellation of coverage by employer) and 656.427 (Termination of workers’ compensation insurance contract or surety bond liability by insurer) . Notwithstanding ORS 183.310 (Definitions for chapter) to 183.410 (Agency determination of applicability of rule or statute to petitioner) , if a matter comes before the director that is not addressed by rule and the director finds that adoption of a rule to accommodate the matter would be inefficient, unreasonable or unnecessarily burdensome to the public, the director may resolve the matter by issuing an order, subject to review under ORS 656.704 (Actions and orders regarding matters concerning claim and matters other than matters concerning claim) . Such order shall not have precedential effect as to any other situation.

(b) Hold sessions at any place within the state.

(c) Administer oaths.

(d) Issue and serve by representatives of the director, or by any sheriff, subpoenas for the attendance of witnesses and the production of papers, contracts, books, accounts, documents and testimony in any inquiry, investigation, proceeding or rulemaking hearing conducted by the director or the director’s representatives. The director may require the attendance and testimony of employers, their officers and representatives in any inquiry under this chapter, and the production by employers of books, records, papers and documents without the payment or tender of witness fees on account of such attendance.

(e) Generally provide for the taking of testimony and for the recording of such proceedings.

(f) Provide standards for the evaluation of disabilities. The following provisions apply to the standards:

(A) The criterion for evaluation of permanent impairment under ORS 656.214 (Permanent partial disability) is the loss of use or function of a body part or system due to the compensable industrial injury or occupational disease. Permanent impairment is expressed as a percentage of the whole person. The impairment value may not exceed 100 percent of the whole person.

(B) Impairment is established by a preponderance of medical evidence based upon objective findings.

(C) The criterion for evaluation of work disability under ORS 656.214 (Permanent partial disability) is permanent impairment as modified by the factors of age, education and adaptability to perform a given job.

(D) When, upon reconsideration of a notice of closure pursuant to ORS 656.268 (Claim closure) , it is found that the worker’s disability is not addressed by the standards adopted pursuant to this paragraph, notwithstanding ORS 656.268 (Claim closure) , the director shall, in the order on reconsideration, determine the extent of permanent disability that addresses the worker’s impairment.

(E) Notwithstanding any other provision of this section, only impairment benefits shall be awarded under ORS 656.214 (Permanent partial disability) if the worker has been released to regular work by the attending physician or nurse practitioner authorized to provide compensable medical services under ORS 656.245 (Medical services to be provided) or has returned to regular work at the job held at the time of injury.

(g) Prescribe procedural rules for and conduct hearings, investigations and other proceedings pursuant to ORS 654.001 (Short title) to 654.295 (Application of Oregon Safe Employment Act) , 654.412 (Definitions for ORS 654.412 to 654.423) to 654.423 (Use of physical force by health care employee in self-defense against assault) , 654.750 (Definitions for ORS 654.750 to 654.780) to 654.780 (Providing basic information to employees) and this chapter regarding all matters other than those specifically allocated to the board or the Hearings Division.

(h) Participate fully in any proceeding before the Hearings Division, board or Court of Appeals in which the director determines that the proceeding involves a matter that affects or could affect the discharge of the director’s duties of administration, regulation and enforcement of ORS 654.001 (Short title) to 654.295 (Application of Oregon Safe Employment Act) , 654.412 (Definitions for ORS 654.412 to 654.423) to 654.423 (Use of physical force by health care employee in self-defense against assault) , 654.750 (Definitions for ORS 654.750 to 654.780) to 654.780 (Providing basic information to employees) and this chapter.

(5) Intentionally left blank —Ed.

(a) The board may make and declare all rules which are reasonably required in the performance of its duties, including but not limited to rules of practice and procedure in connection with hearing and review proceedings and exercising its authority under ORS 656.278 (Board has continuing authority to alter earlier action on claim) . The board shall adopt standards governing the format and timing of the evidence. The standards shall be uniformly followed by all Administrative Law Judges and practitioners. The rules may provide for informal prehearing conferences in order to expedite claim adjudication, amicably dispose of controversies, if possible, narrow issues and simplify the method of proof at hearings. The rules shall specify who may appear with parties at prehearing conferences and hearings.

(b) Notwithstanding any other provision of this chapter, the board may adopt rules to allow for the electronic transmission of filings, reports, notices and other documents required to be filed under the board’s authority.

(6) The director and the board chairperson may incur such expenses as they respectively determine are reasonably necessary to perform their authorized functions.

(7) The director, the board chairperson and the State Accident Insurance Fund Corporation shall have the right, not subject to review, to contract for the exchange of, or payment for, such services between them as will reduce the overall cost of administering this chapter.

(8) The director shall have lien and enforcement powers regarding assessments to be paid by subject employers in the same manner and to the same extent as is provided for lien and enforcement of collection of premiums and assessments by the corporation under ORS 656.552 (Deposit of cash, bond or letter of credit to secure payment of employer’s premiums) to 656.566 (Lien on property of employer for amounts due) .

(9) The director shall have the same powers regarding inspection of books, records and payrolls of employers as are granted the corporation under ORS 656.758 (Inspection of books, records and payrolls) . The director may disclose information obtained from such inspections to the Director of the Department of Revenue to the extent the Director of the Department of Revenue requires such information to determine that a person complies with the revenue and tax laws of this state and to the Director of the Employment Department to the extent the Director of the Employment Department requires such information to determine that a person complies with ORS chapter 657.

(10) The director shall collect hours-worked data information in addition to total payroll for workers engaged in various jobs in the construction industry classifications described in the job classification portion of the Workers’ Compensation and Employers Liability Manual and the Oregon Special Rules Section published by the National Council on Compensation Insurance. The information shall be collected in the form and format necessary for the National Council on Compensation Insurance to analyze premium equity. [Formerly 656.410; 1977 c.804 §30; 1979 c.677 §2; 1979 c.839 §20; 1981 c.535 §45; 1981 c.723 §5; 1981 c.854 §49a; 1981 c.876 §9; 1985 c.600 §16; 1985 c.706 §4; 1985 c.770 §4; 1987 c.884 §2; 1990 c.2 §40; 1995 c.332 §55; amendments by 1995 c.332 §55a repealed by 1999 c.6 §1; 1999 c.313 §10; 1999 c.876 §9; 2003 c.170 §7; 2003 c.171 §1; 2003 c.657 §§3,4; 2003 c.811 §§17,18; 2005 c.26 §§16,17; 2005 c.653 §§1,2a; 2007 c.241 §§4,5; 2007 c.270 §§7,8; 2007 c.274 §2; 2013 c.162 §1]

Source: Section 656.726 — Duties and powers to carry out workers’ compensation and occupational safety laws; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 663.145 — OR Code / Title 51 / Chapter 663 / Section 663.145
663.145 Refusal to enter upon premises where strike in progress
Status: in_force

(1) Notwithstanding ORS 663.140 (Encouraging certain strikes) , nothing in ORS 663.130 (Union unfair labor practices) to 663.150 (Picketing to force recognition of or bargaining with union) makes unlawful a refusal by any person to enter upon the premises of an employer (other than the person’s own employer), if the employees of that employer are engaged in a strike ratified or approved by an elected and certified representative of the employees whom the employer is required to recognize.

(2) For the purposes of ORS 663.140 (Encouraging certain strikes) only, nothing in that section prohibits publicity, other than picketing, for the purpose of truthfully advising the public, including consumers and members of a labor organization, that a product is produced by an employer with whom the labor organization has a primary dispute and is distributed by another employer, as long as such publicity does not have an effect of inducing an individual employed by any person other than the primary employer in the course of employment to refuse to pick up, deliver or transport any goods, or not to perform any services, at the establishment of the employer engaged in such distribution. [1971 c.729 §12]

Source: Section 663.145 — Refusal to enter upon premises where strike in progress; truthful strike publicity not prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors663.­html (accessed May 26, 2025).
ORS § 659a.006 — OR Code / Title 51 / Chapter 659a / Section 659a.006
659A.006 Declaration of policy against unlawful discrimination
Status: in_force

"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 declared to be the public policy of Oregon that practices of unlawful discrimination against any of its inhabitants because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age, disability or familial status are a matter of state concern and that this discrimination not only threatens the rights and privileges of its inhabitants but menaces the institutions and foundation of a free democratic state.

(2) The opportunity to obtain employment or housing or to use and enjoy places of public accommodation without unlawful discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or disability hereby is recognized as and declared to be a civil right.

(3) It is not an unlawful practice for a bona fide church or other religious institution to take any action with respect to housing or the use of facilities based on a bona fide religious belief about sexual orientation or gender identity as long as the housing or the use of facilities is closely connected with or related to the primary purposes of the church or institution and is not connected with a commercial or business activity that has no necessary relationship to the church or institution.

(4) It is not an unlawful employment practice for a bona fide church or other religious institution, including but not limited to a school, hospital or church camp, to prefer an employee, or an applicant for employment, of one religious sect or persuasion over another if:

(a) The religious sect or persuasion to which the employee or applicant belongs is the same as that of the church or institution;

(b) In the opinion of the church or institution, the preference will best serve the purposes of the church or institution; and

(c) The employment involved is closely connected with or related to the primary purposes of the church or institution and is not connected with a commercial or business activity that has no necessary relationship to the church or institution.

(5) It is not an unlawful employment practice for a bona fide church or other religious institution to take any employment action based on a bona fide religious belief about sexual orientation or gender identity:

(a) In employment positions directly related to the operation of a church or other place of worship, such as clergy, religious instructors and support staff;

(b) In employment positions in a nonprofit religious school, nonprofit religious camp, nonprofit religious day care center, nonprofit religious thrift store, nonprofit religious bookstore, nonprofit religious radio station or nonprofit religious shelter; or

(c) In other employment positions that involve religious activities, as long as the employment involved is closely connected with or related to the primary purposes of the church or institution and is not connected with a commercial or business activity that has no necessary relationship to the church or institution. [Formerly 659.020; 2007 c.100 §3; 2007 c.903 §2; 2021 c.367 §34]

Source: Section 659A.006 — Declaration of policy against unlawful discrimination; opportunity to obtain employment without unlawful discrimination recognized as a civil right; exception of religious group , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 659a.417 — OR Code / Title 51 / Chapter 659a / Section 659a.417
659A.417 Violation of ORS 659A.413
Status: in_force

Violation of ORS 659A.413 (Denial of access prohibited) is a Class D violation. [2009 c.415 §4]

Note: See note under 659A.411 (Definitions for ORS 659A.411 to 659A.415) .

Source: Section 659A.417 — Violation of ORS 659A.413 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 659.815 — OR Code / Title 51 / Chapter 659 / Section 659.815
659.815 Deceptive representations or advertisements by persons employing labor prohibited
Status: in_force

No person, firm, company, corporation, or association of any kind employing labor, shall, either in person or through any agent, manager or other legal representatives, induce, influence, persuade or engage workers to change from one place to another in this state or bring workers of any class or calling into this state to work in any of the departments of labor by:

(1) Any false or deceptive representation or false advertising, concerning the amount or character of the compensation to be paid for any work, or as to the existence or nonexistence of a strike, lockout or other labor troubles pending between employer or employees.

(2) Neglecting to state in the advertisement, proposal or inducement for the employment of workers that there is a strike, lockout or unsettled condition of labor, when such strike, lockout or unsettled condition of labor actually exists. [Formerly 659.210]

Source: Section 659.815 — Deceptive representations or advertisements by persons employing labor prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659.­html (accessed May 26, 2025).
ORS § 653.636 — OR Code / Title 51 / Chapter 653 / Section 653.636
653.636 Minimum requirements
Status: in_force

ORS 653.601 (Definitions for ORS 653.601 to 653.661) to 653.661 (Preemption) establish minimum requirements pertaining to sick time and may not be construed to preempt, limit or otherwise affect the applicability of any employer policy, standard or collective bargaining agreement that provides for greater use of paid or unpaid sick time. [2015 c.537 §10]

Source: Section 653.636 — Minimum requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html (accessed May 26, 2025).
ORS § 656.228 — OR Code / Title 51 / Chapter 656 / Section 656.228
656.228 Payments directly to beneficiary or custodian
Status: in_force

(1) If compensation is payable for the benefit of a beneficiary other than the injured worker, the insurer or the self-insured employer may segregate any additional compensation payable on account of that beneficiary and make payment directly to the beneficiary, if sui juris; otherwise, to the guardian or person having custody of the beneficiary.

(2) Compensation paid to an injured worker who is a minor prior to receipt of notice by the insurer or the self-insured employer from the parent or guardian of the minor that the parent or guardian claims the compensation shall discharge the obligation to pay compensation to the extent of such payment. [Amended by 1957 c.477 §1; 1965 c.285 §25; 1981 c.854 §12]

Source: Section 656.228 — Payments directly to beneficiary or custodian , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 660.135 — OR Code / Title 51 / Chapter 660 / Section 660.135
660.135 Local joint committees
Status: in_force

(1) In each locality where apprentices are employed, the State Apprenticeship and Training Council may approve as many local joint committees as are necessary to serve the needs of the various apprenticeable occupations. Local joint committees in building and construction trades occupations may be approved by the council only as group programs serving multiple employers.

(2) Each local joint committee shall have no more than eight principal members, all actively participating in apprenticeship programs, and shall consist of an equal number of representatives of employers and employees. One alternate member may be selected for each principal committee member. Committee members and the alternate members shall be selected pursuant to procedures established by the council. The alternate members may attend all committee meetings, participate in discussions and perform such duties as may be delegated to them by the committee, but may not vote at committee meetings except when actually substituting for an absent principal committee member for their respective employer or employee.

(3) To qualify as a local joint committee member representing employees, a prospective employee representative must be a member of the collective bargaining unit if a collective bargaining agreement exists for the trade or occupation that is the subject of the apprenticeship or training program administered by the committee. If no collective bargaining agreement exists, the prospective employee representative must be, or have been, a skilled practitioner of the particular trade or occupation that is the subject of the apprenticeship or training program administered by the committee.

(4) Each local joint committee shall select a chairperson and a secretary, for such terms and with such powers and duties necessary for the performance of the functions of those offices as the committee determines. A quorum for the transaction of committee business consists of two representatives of employers and two representatives of employees. Each local joint committee shall meet as often as is necessary to transact business. Meetings may be called by the chairperson or at the request of the majority of the members of the committee.

(5) When an individual is employed by a joint industry group, association or trust to assist local joint apprenticeship or training committees, trade committees or state joint committees in the performance of their statutory duties, the individual is authorized to perform any clerical, ministerial or other functions as the committees may direct. [1967 c.6 §19; 1977 c.490 §3; 1981 c.764 §11; 1985 c.98 §1; 2007 c.620 §7]

Source: Section 660.135 — Local joint committees; members; meetings; authority of individual employed to assist committees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors660.­html (accessed May 26, 2025).
ORS § 657.078 — OR Code / Title 51 / Chapter 657 / Section 657.078
657.078 Employment
Status: in_force

“Employment” does not include services performed by an individual as a stringer, correspondent or photographer, for print or broadcast media, who submits information, stories or pictures by the piece or at a flat rate to newspapers, special publications, television or radio if the individual is free from direction and control over the means and manner of providing the services. However, this section does not apply to services performed for a nonprofit employing unit for this state, for a political subdivision of this state or for an Indian tribe. [2005 c.533 §9; 2007 c.71 §208]

Source: Section 657.078 — Employment; stringer, correspondent and photographer services for media excluded , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 662.445 — OR Code / Title 51 / Chapter 662 / Section 662.445
662.445 List of qualified arbitrators
Status: in_force

(1) The State Conciliation Service shall maintain a list of qualified arbitrators who may be available to the parties to a labor controversy if the parties so request.

(2) An individual who applies to be included on the list of qualified arbitrators shall pay the State Conciliation Service an application fee of $100. A qualified arbitrator who is included on the list shall pay the State Conciliation Service an annual fee of $150 to remain on the list.

(3) Fees received by the State Conciliation Service under this section shall be deposited to the credit of the Employment Relations Board Administrative Account. [1957 c.122 §2(3); 2007 c.477 §§1,3; 2017 c.497 §1]

Source: Section 662.445 — List of qualified arbitrators; fees , https://www.­oregonlegislature.­gov/bills_laws/ors/ors662.­html (accessed May 26, 2025).
ORS § 657b.480 — OR Code / Title 51 / Chapter 657b / Section 657b.480
657B.480 State agency assistance
Status: in_force

The Director of the Employment Department may enter into intergovernmental agreements under ORS chapter 190 with the Department of Revenue, the Department of Consumer and Business Services, the Bureau of Labor and Industries and any other agency to provide outreach, technical assistance or compliance services related to this chapter on behalf of the director. [2019 c.700 §40]

Source: Section 657B.480 — State agency assistance; intergovernmental agreements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657B.­html (accessed May 26, 2025).
ORS § 659.860 — OR Code / Title 51 / Chapter 659 / Section 659.860
659.860 Enforcement of ORS 659.850
Status: in_force

(1) Any person claiming to be aggrieved by unlawful discrimination as prohibited by ORS 659.850 (Discrimination in education prohibited) may file a civil action in circuit court for equitable relief or, subject to the terms and conditions of ORS 30.265 (Scope of liability of public body, officers, employees and agents) to 30.300 (ORS 30.260 to 30.300 exclusive) , damages, or both. The court may order such other relief as may be appropriate. Damages shall be $200 or actual damages, whichever is greater.

(2) The action authorized by this section shall be filed within one year of the filing of a grievance.

(3) An action may not be filed unless, within 180 days of the alleged discrimination, a grievance has been filed with the school district board, public charter school governing body, community college board of education or governing board of a public university listed in ORS 352.002 (Public universities) .

(4) An action may not be filed until 90 days after filing a grievance unless only injunctive relief is sought pursuant to ORCP 79. The right to temporary or preliminary injunctive relief shall be independent of the right to pursue any administrative remedy available to complainants pursuant to ORS 659.850 (Discrimination in education prohibited) .

(5) An action may not be filed if the school district board, public charter school governing body, community college board of education or governing board of a public university listed in ORS 352.002 (Public universities) has obtained a conciliation agreement with the person filing the grievance or if a final determination of a grievance has been made except as provided in ORS 183.480 (Judicial review of agency orders) .

(6) Notwithstanding the filing of a grievance, pursuant to subsection (3) of this section, any person seeking to maintain an action under this section shall also file a notice of claim within 180 days of the alleged discrimination as required by ORS 30.275 (Notice of claim) .

(7) The court shall award reasonable attorney fees to a prevailing plaintiff in any action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no objectively reasonable basis for appealing an adverse decision of a trial court.

(8) Nothing in this section is intended to reduce the obligations of the education agencies under this section and ORS 659.850 (Discrimination in education prohibited) and 659.855 (Sanctions for noncompliance with discrimination prohibitions) . [Formerly 659.160; 2007 c.256 §1; 2013 c.768 §148; 2015 c.767 §207]

Source: Section 659.860 — Enforcement of ORS 659.850 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659.­html (accessed May 26, 2025).
ORS § 655.545 — OR Code / Title 51 / Chapter 655 / Section 655.545
655.545 Liability for payment of benefits
Status: in_force

Liability of the Oregon Department of Administrative Services or the Insurance Fund for the payment of benefits under ORS 655.505 (Definitions for ORS 655.505 to 655.555) to 655.555 (Rules for administration of fund for injuries of adults in custody) is contingent upon and limited by the availability of reserves in the adult in custody injury component of the Insurance Fund. In the event that the reserves in the adult in custody injury component of the Insurance Fund are not sufficient to meet the benefit payments and administration cost for a given period, the expenses of the department shall have precedence over all other claims. Thereafter, priority among claimants is determined according to the time of filing of the claim. [1963 c.527 §10; 1991 c.566 §12; 2019 c.213 §111]

Source: Section 655.545 — Liability for payment of benefits; precedence of expenses; priority among claimants , https://www.­oregonlegislature.­gov/bills_laws/ors/ors655.­html (accessed May 26, 2025).
ORS § 662.435 — OR Code / Title 51 / Chapter 662 / Section 662.435
662.435 Services for state agencies and political subdivisions
Status: in_force

The services and facilities of the State Conciliation Service and the conciliator shall be made available to the State of Oregon or any of its agencies, boards, commissions or other branches or any of the political subdivisions of the state and to the public employees of the State of Oregon in all its agencies, boards, commissions or other branches or its political subdivisions in the same manner as such facilities are available to private employers and their employees. [1957 c.122 §4; 1959 c.184 §1; 1969 c.671 §15]

Source: Section 662.435 — Services for state agencies and political subdivisions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors662.­html (accessed May 26, 2025).
ORS § 654.212 — OR Code / Title 51 / Chapter 654 / Section 654.212
654.212 Procedure for issuance of inspection warrant by magistrate
Status: in_force

(1) Before issuing an inspection warrant, the magistrate may examine under oath the applicant and any other witness and shall be satisfied of the existence of grounds for granting such application.

(2) If the magistrate is satisfied that cause for the inspection or investigation exists and that the other requirements for granting the application are satisfied, the magistrate shall issue the warrant, particularly describing the name and title of the person or persons authorized to execute the warrant, the place of employment to be entered and the purpose of the inspection or investigation. The warrant shall contain a direction that it be executed on any day of the week between the hours of 8:00 a.m. and 6:00 p.m., or where the magistrate has specially determined upon a showing that it cannot be effectively executed between those hours, that it be executed at any additional or other time of the day or night. [1971 c.405 §3; 1973 c.833 §27; 1987 c.158 §126]

Source: Section 654.212 — Procedure for issuance of inspection warrant by magistrate , https://www.­oregonlegislature.­gov/bills_laws/ors/ors654.­html (accessed May 26, 2025).
ORS § 654.413 — OR Code / Title 51 / Chapter 654 / Section 654.413
654.413 Required policies regarding surgical smoke
Status: in_force

(1) A health care employer shall adopt policies that require the use of a smoke evacuation system during any surgical procedure that is likely to generate surgical smoke. The hospital or ambulatory surgical center may select any smoke evacuation system that accounts for surgical techniques and procedures vital to patient safety.

(2) The Occupational Safety and Health Division of the Department of Consumer and Business Services shall ensure compliance with this section during any on-site inspection. [2021 c.362 §2]

Source: Section 654.413 — Required policies regarding surgical smoke , https://www.­oregonlegislature.­gov/bills_laws/ors/ors654.­html (accessed May 26, 2025).
ORS § 662.100 — OR Code / Title 51 / Chapter 662 / Section 662.100
662.100 Compliance with obligations involved in dispute and making reasonable effort to settle as prerequisites to injunctive relief
Status: in_force

No restraining order or injunctive relief shall be granted to any complainant who has failed to comply with any obligation imposed by law which is involved in the labor dispute in question, or who has failed to make every reasonable effort to settle such dispute, either by negotiation or with the aid of any available governmental machinery of mediation or voluntary arbitration.

Source: Section 662.100 — Compliance with obligations involved in dispute and making reasonable effort to settle as prerequisites to injunctive relief , https://www.­oregonlegislature.­gov/bills_laws/ors/ors662.­html (accessed May 26, 2025).
ORS § 655.505 — OR Code / Title 51 / Chapter 655 / Section 655.505
655.505 Definitions for ORS 655.505 to 655.555
Status: in_force

As used in ORS 655.505 (Definitions for ORS 655.505 to 655.555) to 655.555 (Rules for administration of fund for injuries of adults in custody) :

(1) “Adult in custody” means a person committed to the physical and legal custody of the Department of Corrections.

(2) “Attending practitioner” means Department of Corrections or Oregon Youth Authority medical staff, or specialists assisting Department of Corrections or Oregon Youth Authority medical staff, while the adult in custody is committed to the physical and legal custody of the Department of Corrections. At all other times, “attending practitioner” means a person licensed in Oregon or another state as a doctor of medicine, doctor of osteopathic medicine, doctor of optometry, doctor of dentistry or nurse practitioner who provides services within the scope of the license.

(3) “Authorized work or occupational training assignment” means the work assignment of an adult in custody:

(a) As authorized by ORS 421.305 (Establishment of industries in institutions) and 421.312 (Contracts with federal government for producing goods or furnishing services of adults in custody during national emergency authorized) ;

(b) As authorized by ORS 421.450 (Definitions for ORS 421.455 to 421.480) to 421.480 (Return of adult in custody to institution) ;

(c) As authorized by ORS 144.410 (Definitions for ORS 144.410 to 144.525) to 144.525 (Custody of enrollee earnings deducted or otherwise retained by department) ;

(d) As authorized by ORS 420.011 (Admissions to youth correction facilities) ;

(e) As authorized by ORS 420.240 (Work release program) to 420.265 (Unauthorized absence) ; or

(f) In any other adult in custody activity or program, including, but not limited to, on-the-job training established by the Department of Corrections under section 41, Article I, Oregon Constitution, whether or not compensation has been established by the Director of the Department of Corrections for participation in the activity or program.

(4) “Department” means the Oregon Department of Administrative Services.

(5) “Injury” means:

(a) An accidental injury or accidental injury to prosthetic devices occurring in the course of, and caused in major part by, an authorized work or occupational training assignment requiring medical services and resulting in disability or death; or

(b) Any disease or infection that:

(A) Arises out of, and in the course of, an authorized work or occupational training assignment;

(B) Is caused in major part by ingestion, absorption or inhalation of, or contact with, dust, fumes, vapors, gases, radiation or other substances to which a worker who is not an adult in custody is not ordinarily subjected or exposed while working;

(C) Requires medical services; and

(D) Results in disability or death.

(6) “Medical services” means reasonable and necessary services prescribed by an attending practitioner for conditions resulting from injury for a period that the nature of the injury or the process of recovery requires. “Medical services” includes medical, surgical, hospital, nursing, ambulance and other related services, drugs, medicine, crutches and prosthetic appliances, braces and supports and, when necessary, physical restorative services.

(7) “Medically stationary” means that no further material improvement would reasonably be expected from medical treatment or the passage of time.

(8) The terms “beneficiary,” “child” and “dependent” have the meanings given those terms in ORS 656.005 (Definitions) . [1963 c.527 §1; 1967 c.504 §10; 1969 c.247 §6; 1969 c.597 §63; 1975 c.631 §1; 1987 c.320 §241; 1991 c.566 §7; 1993 c.500 §50; 1995 c.384 §18; 1997 c.851 §14; 2013 c.229 §13; 2015 c.342 §3; 2017 c.409 §18; 2019 c.213 §105]

Source: Section 655.505 — Definitions for ORS 655.505 to 655.555 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors655.­html (accessed May 26, 2025).
ORS § 657.323 — OR Code / Title 51 / Chapter 657 / Section 657.323
657.323 ORS 657.321 to 657.329 supersede inconsistent provisions of this chapter
Status: in_force

The provisions of this chapter relating to the payment of regular benefits shall apply to claims for and the payment of extended benefits, except when the result would be inconsistent with the provisions of ORS 657.321 (Definitions for ORS 657.321 to 657.329) to 657.329 (Applicability of ORS 657.321 to 657.329) . [1971 c.2 §3]

Source: Section 657.323 — ORS 657.321 to 657.329 supersede inconsistent provisions of this chapter , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 657.370 — OR Code / Title 51 / Chapter 657 / Section 657.370
657.370 Definitions for ORS 657.370 to 657.390
Status: in_force

As used in ORS 657.370 (Definitions for ORS 657.370 to 657.390) to 657.390 (Employer charged for benefits in same manner as for regular or extended benefits) , unless the context requires otherwise:

(1) “Affected employee” means an individual who is employed as a member of an affected group by the shared work employer, other than on a seasonal, temporary or intermittent basis, immediately preceding the submission by the employer of the shared work plan.

(2) “Affected group” means three or more employees designated by the employer to participate in a shared work plan.

(3) “Approved shared work plan” or “approved plan” means an employer’s shared work plan that meets the requirements of ORS 657.375 (Plan applications) .

(4) “Normal weekly hours of work” means the number of hours in a week that the employee normally would work for the shared work employer or 40 hours, whichever is less.

(5) “Shared work employer” means an employer with a shared work plan in effect.

(6) “Shared work plan” or “plan” means an employer’s voluntary, written plan for reducing unemployment, under which a specified group of employees shares the work remaining after their normal weekly hours of work are reduced. [1982 s.s.1 c.2 §8; 2007 c.71 §212; 2013 c.704 §2; 2023 c.58 §1]

Source: Section 657.370 — Definitions for ORS 657.370 to 657.390 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 652.340 — OR Code / Title 51 / Chapter 652 / Section 652.340
652.340 Requiring bond of employer
Status: in_force

(1) If upon investigation by the Commissioner of the Bureau of Labor and Industries, after taking assignments of any wage claims under ORS 652.330 (Powers and duties of commissioner in enforcing wage claims) , it appears to the commissioner that the employer is representing to employees that the employer is able to pay wages for their services and that the employees are not being paid for their services, the commissioner may require the employer to give a bond in such sum as the commissioner deems reasonable and adequate in the circumstances, with sufficient surety, conditioned that the employer will for a definite future period not exceeding six months conduct business and pay employees in accordance with the laws of Oregon.

(2) If within 10 days after demand for such bond the employer fails to provide the same, the commissioner may commence a suit against the employer in the circuit court of appropriate jurisdiction to compel the employer to furnish such bond or cease doing business until the employer has done so. The employer shall have the burden of proving the amount thereof to be excessive.

(3) If the court finds that there is just cause for requiring such bond and that the same is reasonably necessary or appropriate to secure the prompt payment of the wages of the employees of such employer and the employer’s compliance with ORS 652.310 (Definitions of employer and employee) to 652.414 (Procedure for payment from fund) , the court shall enjoin such employer from doing business in this state until the requirement is met, or shall make other, and may make further, orders appropriate to compel compliance with the requirement. [Amended by 1975 c.488 §5; 1991 c.331 §95; 1997 c.631 §515; 1999 c.69 §2]

Source: Section 652.340 — Requiring bond of employer , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 663.130 — OR Code / Title 51 / Chapter 663 / Section 663.130
663.130 Union unfair labor practices
Status: in_force

It is an unfair labor practice for a labor organization or its agents:

(1) To cause or attempt to cause an employer to discriminate against an employee in violation of ORS 663.125 (Other employer unfair labor practices) or to discriminate against an employee with respect to whom membership in such organization has been denied or terminated on some ground other than the failure of the employee to tender the periodic dues and the initiation fees uniformly required as a condition of acquiring or retaining membership;

(2) To refuse to bargain collectively with an employer, if it is the elected and certified representative of the employees;

(3) To cause or attempt to cause an employer to pay or deliver, or agree to pay or deliver, any money or other thing of value, in the nature of an exaction, for services which are not performed or not to be performed; or

(4) To restrain or coerce:

(a) An employer in the selection of representatives for the purposes of collective bargaining or the adjustment of grievances; or

(b) Employees in the exercise of the rights guaranteed in ORS 663.110 (Employee organization, bargaining rights) . However, this paragraph does not impair the right of a labor organization to prescribe its own rules with respect to the acquisition or retention of membership therein. [1971 c.729 §9]

Source: Section 663.130 — Union unfair labor practices , https://www.­oregonlegislature.­gov/bills_laws/ors/ors663.­html (accessed May 26, 2025).
ORS § 657.820 — OR Code / Title 51 / Chapter 657 / Section 657.820
657.820 Unemployment Compensation Administration Fund
Status: in_force

(1) There is established in the State Treasury, separate and distinct from the General Fund, the Unemployment Compensation Administration Fund, to consist of all moneys received by the state or the Director of the Employment Department for the expenses of administration of this chapter, including such proportion of total expenses of maintaining public employment offices incurred for the purposes of this chapter.

(2) Such fund shall be expended solely for the purposes specified in this section, and its balances shall not lapse at any time but shall remain continuously available to the director for expenditures consistent with this section. Interest earned on the fund shall be credited to the fund.

(3) All federal moneys allotted or apportioned to the state by the Secretary of Labor, the Railroad Retirement Board or other federal agency, for the administration of this chapter shall be paid into such fund.

(4) All moneys made available by or received by this state under the Wagner-Peyser Act entitled “An Act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes,” approved June 6, 1933, (48 Statutes 113; United States Code, title 29, section 49(c) as amended) shall be paid into the Unemployment Compensation Administration Fund and said moneys hereby are appropriated and made available to the director to be expended as provided by this chapter and by the Wagner-Peyser Act.

(5) All moneys received from the Railroad Retirement Board as compensation for services or facilities supplied to said board shall be paid into the Unemployment Compensation Administration Fund.

(6) Notwithstanding any provisions of this section, all moneys requisitioned and deposited in this fund pursuant to the provisions of ORS 657.657 (Acquisition of land and offices) and 657.805 (Unemployment Compensation Trust Fund) to 657.820 (Unemployment Compensation Administration Fund) shall remain part of the Federal Unemployment Trust Fund and shall be used only in accordance with conditions specified in ORS 657.657 (Acquisition of land and offices) and 657.805 (Unemployment Compensation Trust Fund) to 657.820 (Unemployment Compensation Administration Fund) . [Amended by 1957 c.609 §3; 1959 c.604 §3; 1995 c.37 §4]

Source: Section 657.820 — Unemployment Compensation Administration Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 658.501 — OR Code / Title 51 / Chapter 658 / Section 658.501
658.501 Application of ORS 658.405 to 658.511
Status: in_force

(1) ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.511 (Wage claim against property services contractor or construction labor contractor) apply to all transactions, acts and omissions of labor contractors and users of labor contractors that are within the constitutional power of the state to regulate, and not preempted by federal law, including but not limited to the recruitment of workers in this state to perform work outside this state, the recruitment of workers outside of this state to perform work in whole or in part within this state, the housing of workers in this state for work in another state, the housing of workers from another state in connection with work to be performed in this state, the transportation of workers through this state and the payment, terms and conditions, disclosure and record keeping required with respect to work performed outside this state by workers recruited in this state.

(2) The provisions of ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.511 (Wage claim against property services contractor or construction labor contractor) apply only to labor contractors and employees of labor contractors who perform those services for which a labor contractor license is required. [1989 c.164 §9; 2013 c.584 §24; 2018 c.8 §8]

Source: Section 658.501 — Application of ORS 658.405 to 658.511 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors658.­html (accessed May 26, 2025).
ORS § 657.097 — OR Code / Title 51 / Chapter 657 / Section 657.097
657.097 Political subdivision
Status: in_force

As used in this chapter, “political subdivision” means any county, city, district organized for public purposes, or any other political subdivision or public corporation, including any entity organized pursuant to ORS 190.003 (Definition for ORS 190.003 to 190.130) to 190.620 (Effect of corrected certificate on payments to cities or counties) . [1957 c.682 §5; 1977 c.446 §5]

Source: Section 657.097 — Political subdivision , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 657b.310 — OR Code / Title 51 / Chapter 657b / Section 657b.310
657B.310 Release, compromise or satisfaction of lien
Status: in_force

(1) Intentionally left blank —Ed.

(a) The Director of the Employment Department may release, compromise or satisfy any lien provided for in ORS 657B.280 (Delinquent contributions and improper benefit payments as liens on real or personal property) and 657B.290 (Filing of lien statement or warrant) by filing a notice of release or satisfaction with the county clerk of the county in which the notice of lien claim was filed.

(b) Upon filing of the notice under this subsection, the property against which the lien is claimed shall be released from the lien.

(2) The director may include in the amount received for the release of the lien any costs incurred by the director in collecting the amounts due.

(3) Amounts collected pursuant to this section shall be deposited in the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430 (Paid Family and Medical Leave Insurance Fund) . [2019 c.700 §20]

Source: Section 657B.310 — Release, compromise or satisfaction of lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657B.­html (accessed May 26, 2025).
ORS § 653.601 — OR Code / Title 51 / Chapter 653 / Section 653.601
653.601 Definitions for ORS 653.601 to 653.661
Status: in_force

As used in ORS 653.601 (Definitions for ORS 653.601 to 653.661) to 653.661 (Preemption) :

(1) Intentionally left blank —Ed.

(a) “Employee” means an individual who renders personal services at a fixed rate to an employer if the employer either pays or agrees to pay for personal services or permits the individual to perform personal services.

(b) “Employee” includes, but is not limited to:

(A) An individual who is paid on a piece-rate basis or the basis of the number of operations accomplished or quantity produced or handled;

(B) Individuals paid on an hourly, salary or commission basis;

(C) Individuals for whom withholding is required under ORS 316.162 (Definitions for ORS 316.162 to 316.221) to 316.221 (Disposition of withheld amounts) ;

(D) Home care workers as defined in ORS 410.600 (Definitions for ORS 410.595 to 410.625) ; and

(E) Personal support workers as defined in ORS 410.600 (Definitions for ORS 410.595 to 410.625) .

(c) “Employee” does not include:

(A) An employee who receives paid sick time under federal law;

(B) An independent contractor;

(C) A participant in a work training program administered under a state or federal assistance program;

(D) A participant in a work-study program that provides students in secondary or post-secondary educational institutions with employment opportunities for financial assistance or vocational training;

(E) A railroad worker exempted under the federal Railroad Unemployment Insurance Act; and

(F) An individual employed by that individual’s parent, spouse or child.

(2) Intentionally left blank —Ed.

(a) “Employer” means any person that employs one or more employees working anywhere in this state, a political subdivision of the state and any county, city, district, authority, public corporation or entity, and any instrumentality of a county, city, district, authority, public corporation or entity, organized and existing under law or charter.

(b) “Employer” includes an employer located in a city with a population exceeding 500,000.

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

(3) Intentionally left blank —Ed.

(a) “Employer located in a city with a population exceeding 500,000” includes, but is not limited to, an employer that maintains any office, store, restaurant or establishment in that city.

(b) “Employer located in a city with a population exceeding 500,000” does not include an employer that maintains only a seasonal farm stand or a trailer that is used temporarily on a construction site for office purposes only.

(4) “Family member” has the meaning given that term in ORS 659A.150 (Definitions for ORS 659A.150 to 659A.186) .

(5) Intentionally left blank —Ed.

(a) “Front-load,” except as provided in paragraph (b) of this subsection, means to assign and make available a certain number of hours of sick time to an employee as soon as the employee becomes eligible to use sick time and on the first day of the immediately subsequent year without regard to an accrual rate.

(b) For employees employed by an employer for less than a full year, “front-load” means to assign and make available to an employee as soon as the employee becomes eligible to use sick time a number of hours of sick time that is the pro rata percentage of the hours the employee would be entitled to for an entire year based on the number of hours the employee was actually employed by the employer for the year.

(6) “Paid sick time” means time off:

(a) That is provided to an employee by an employer that employs 10 or more employees;

(b) That may be used for the purposes specified in ORS 653.616 (Allowable uses of sick time) ; and

(c) That is compensated at the regular rate of pay and without reductions in benefits, including but not limited to health care benefits, that the employee earns from the employer at the time the employee uses the paid sick time.

(7) “Sick time” means time during which an employee is permitted to be absent from work for a reason authorized under ORS 653.616 (Allowable uses of sick time) without a reduction in benefits, including but not limited to health care benefits, that the employee earns from the employer.

(8) “Year” includes any consecutive 12-month period, such as a calendar year, a tax year, a fiscal year, a contract year or the 12-month period beginning on the anniversary of the date of employment of the employee. [2015 c.537 §2; 2017 c.520 §1; 2018 c.75 §26]

Source: Section 653.601 — Definitions for ORS 653.601 to 653.661 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html (accessed May 26, 2025).
ORS § 658.455 — OR Code / Title 51 / Chapter 658 / Section 658.455
658.455 Disposition of moneys received
Status: in_force

Except as provided in ORS 658.453 (Civil penalty) (3) and 658.815 (Disposition of moneys) , and except for money received under a bond or deposit as provided in ORS 658.415 (Application for license) (3), 658.419 (Proof of financial responsibility from agricultural associations and certain nonprofit corporations) or 658.735 (Bond required) (1), all fees and other money received 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) and 658.705 (Definitions for ORS 658.705 to 658.850) to 658.850 (Civil penalties) shall be credited and used as provided in ORS 658.413 (Fee schedule for licenses, indorsements and renewals) . [1959 c.395 §13; 1973 c.401 §3; 1975 c.502 §7; 1991 c.489 §1; 1999 c.399 §7; 1999 c.628 §9]

Source: Section 658.455 — Disposition of moneys received , https://www.­oregonlegislature.­gov/bills_laws/ors/ors658.­html (accessed May 26, 2025).
ORS § 661.010 — OR Code / Title 51 / Chapter 661 / Section 661.010
661.010 Lawfulness of labor unions
Status: in_force

Working men and women may organize themselves into, or carry on labor unions for the purpose of lessening the hours of labor, increasing the wages, bettering the conditions of the members of such organizations or carrying out their legitimate purposes as freely as they could do if acting singly.

Source: Section 661.010 — Lawfulness of labor unions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors661.­html (accessed May 26, 2025).
ORS § 654.078 — OR Code / Title 51 / Chapter 654 / Section 654.078
654.078 Contesting violations
Status: in_force

(1) An employer may contest a citation, a proposed assessment of civil penalty and the period of time fixed for correction of a violation, or any of these, by filing with the Department of Consumer and Business Services, within 30 days after receipt of the citation, notice or order, a written request for a hearing before the Workers’ Compensation Board. Such a request need not be in any particular form, but shall specify the alleged violation that is contested and the grounds upon which the employer considers the citation or proposed penalty or correction period unjust or unlawful.

(2) An affected employee or representative of such employees may contest the time fixed for correction of a violation by filing with the department, within 30 days after the receipt by the employer of the citation, notice or order which fixes such time for correction, a written request for a hearing before the board. Such a request need not be in any particular form, but shall specify the violation in question and the grounds upon which the employee considers the correction period to be unreasonable.

(3) A hearing on any question relating to the validity of a citation or the proposed civil penalty to be assessed therefor shall not be granted unless a request for hearing is filed by the employer within the period specified in subsection (1) of this section. If a request for hearing is not so filed, the citation and the assessment of penalty as proposed shall be a final order of the department and shall not be subject to review by any agency or court.

(4) A hearing relating to the reasonableness of the time prescribed for the correction of a violation shall not be granted, except for good cause shown, unless a request for hearing is filed within the period specified in subsections (1) and (2) of this section. If a request for hearing is not so filed the time fixed for correction of the violation shall be a final order of the department and shall not be subject to review by any agency or court.

(5) Where an employer contests, in good faith and not solely for delay or avoidance of penalties, the period of time fixed for correction of a nonserious violation, such period of time shall not run between the date the request for hearing is filed and the date the order of the department becomes final by operation of law or on appeal.

(6) Where an employer or employee contests the period of time fixed for correction of a serious violation, any hearing on that issue shall be conducted as soon as possible and shall take precedence over other hearings conducted by the board under the provisions of ORS 654.001 (Short title) to 654.295 (Application of Oregon Safe Employment Act) , 654.412 (Definitions for ORS 654.412 to 654.423) to 654.423 (Use of physical force by health care employee in self-defense against assault) and 654.750 (Definitions for ORS 654.750 to 654.780) to 654.780 (Providing basic information to employees) .

(7) Where informal disposition of a contested case is made by stipulation, agreed settlement or a consent order, such stipulation, settlement or order shall not be pleaded or admissible in evidence as an admission or confession in any criminal prosecution or in any other civil proceeding that may be instituted against the employer, except in the case of a civil proceeding brought to enforce such stipulation, settlement or order. [1973 c.833 §18 (enacted in lieu of 654.055); 1977 c.804 §38; 2007 c.432 §1]

Source: Section 654.078 — Contesting violations; hearing; admissibility in criminal or civil proceedings of stipulations involving violations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors654.­html (accessed May 26, 2025).
ORS § 658.991 — OR Code / Title 51 / Chapter 658 / Section 658.991
658.991 Criminal penalties
Status: in_force

(1) Violation of ORS 658.005 (Definitions for ORS 658.005 to 658.245) to 658.245 (Actions upon agency bonds or letters of credit) or 658.250 (Employment listing service) is a Class C misdemeanor.

(2) Violation of ORS 658.452 (Prohibitions relating to discharge of or discrimination against employee) is a Class A misdemeanor.

(3) Any person who intentionally defaces, alters or changes a license or permit to act as a labor contractor, or who uses the license or permit of another or knowingly permits that person’s license or permit to be used by another, or who acts as a labor contractor without a valid license or permit 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) , commits a Class A misdemeanor.

(4) Any person who willfully swears or affirms falsely under ORS 658.415 (Application for license) (1), (2) or (3) in regard to any matter concerning which an oath or affirmation is required, or who solicits or induces another person to do so, whether or not the matter sworn to or affirmed is material, commits a Class A misdemeanor.

(5) Violation of ORS 658.440 (Requirements for labor contractors) (1)(f), (g) or (h), (2)(c) or (3)(a), (b), (c), (e), (f) or (g) is a Class C misdemeanor.

(6) Any person who violates the provisions of ORS 658.410 (Labor contractor license requirement) (1) or 658.417 (Additional requirements for forestation activities) (1) commits a Class C felony if:

(a) The person has previously been convicted of violating the provisions of ORS 658.410 (Labor contractor license requirement) (1) or 658.417 (Additional requirements for forestation activities) (1);

(b) The person’s license to act as a labor contractor has been suspended, revoked or denied; or

(c) The person is acting in violation of an outstanding order of any court of competent jurisdiction arising out of the enforcement of ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.511 (Wage claim against property services contractor or construction labor contractor) . [1953 c.694 §26; subsections (2) and (3) enacted as 1959 c.395 §14; 1961 c.390 §6; 1971 c.743 §406; 1975 c.397 §6; 1979 c.883 §4; 1983 c.654 §10; 1989 c.164 §6; 2003 c.406 §4; 2011 c.597 §272; 2013 c.584 §26]

Source: Section 658.991 — Criminal penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors658.­html (accessed May 26, 2025).
ORS § 657.620 — OR Code / Title 51 / Chapter 657 / Section 657.620
657.620 Determination of adequate fund reserve
Status: in_force

(1) The Director of the Employment Department shall, from time to time, after investigation, reasonable public notice, and a public hearing at which any interested party is afforded an opportunity to be heard, determine or redetermine what amount of reserve reasonably is needed in the fund to assure the payment of benefits under this chapter.

(2) In the event of general and extended unemployment, such that the reserve of the fund is reduced below the amount of reserve so determined, the director may declare an emergency and announce a modified scale of benefits, an increased waiting period or other changes in the rules and regulations regarding eligibility for a receipt of benefits which the director considers necessary to maintain the reserves of the fund.

Source: Section 657.620 — Determination of adequate fund reserve; modification of benefits and eligibility regulations in case of emergency , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 656.052 — OR Code / Title 51 / Chapter 656 / Section 656.052
656.052 Prohibition against employment without coverage
Status: in_force

(1) No person shall engage as a subject employer unless and until the person has provided coverage pursuant to ORS 656.017 (Employer required to pay compensation and perform other duties) for subject workers the person employs.

(2) Whenever the Director of the Department of Consumer and Business Services has reason to believe that any person has violated subsection (1) of this section, the director shall serve upon the person a proposed order declaring the person to be a noncomplying employer and containing the amount, if any, of civil penalty to be assessed pursuant to ORS 656.735 (Civil penalty for noncomplying employers) (1).

(3) If any person fails to comply with ORS 656.017 (Employer required to pay compensation and perform other duties) after an order declaring the person to be a noncomplying employer has become final by operation of law or on appeal, the circuit court of the county in which the person resides or in which the person employs workers shall, upon the commencement of a suit by the director for that purpose, permanently enjoin the person from employing subject workers without complying with ORS 656.017 (Employer required to pay compensation and perform other duties) . Upon the filing of such a suit, the court shall set a day for hearing and shall cause notice thereof to be served upon the noncomplying employer. The hearing shall be not less than five days from the service of the notice.

(4) The court may award reasonable attorney fees to the director if the director prevails in an action under subsection (3) of this section. The court may award reasonable attorney fees to a defendant who prevails in an action under subsection (3) of this section if the court determines that the director had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court. [Amended by 1957 c.574 §2; 1965 c.285 §14; 1967 c.341 §4; 1973 c.447 §1; 1987 c.234 §1; 1990 c.2 §5; 1995 c.332 §6b; 1995 c.696 §43]

Source: Section 656.052 — Prohibition against employment without coverage; proposed order declaring noncomplying employer; effect of failure to comply , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 659a.330 — OR Code / Title 51 / Chapter 659a / Section 659a.330
659A.330 Employee social media account privacy
Status: in_force

(1) It is an unlawful employment practice for an employer to:

(a) Require or request an employee or an applicant for employment to establish or maintain a personal social media account, or to disclose or to provide access through the employee’s or applicant’s user name and password, password or other means of authentication that provides access to a personal social media account;

(b) Require an employee or an applicant for employment to authorize the employer to advertise on the personal social media account of the employee or applicant;

(c) Compel an employee or applicant for employment to add the employer or an employment agency to the employee’s or applicant’s list of contacts associated with a social media website;

(d) Except as provided in subsection (4)(b) of this section, compel an employee or applicant for employment to access a personal social media account in the presence of the employer and in a manner that enables the employer to view the contents of the personal social media account that are visible only when the personal social media account is accessed by the account holder’s user name and password, password or other means of authentication;

(e) Take, or threaten to take, any action to discharge, discipline or otherwise penalize an employee for the employee’s refusal to:

(A) Establish or maintain a personal social media account;

(B) Disclose, or provide access through, the employee’s user name and password, password or other means of authentication that is associated with a personal social media account;

(C) Add the employer to the employee’s list of contacts associated with a social media website; or

(D) Access a personal social media account as described in paragraph (d) of this subsection; or

(f) Fail or refuse to hire an applicant for employment because the applicant refused to:

(A) Establish or maintain a personal social media account;

(B) Disclose, or provide access through, the applicant’s user name and password, password or other means of authentication that is associated with a personal social media account;

(C) Add the employer to the applicant’s list of contacts associated with a social media website; or

(D) Access a personal social media account as described in paragraph (d) of this subsection.

(2) An employer may require an employee to disclose any user name and password, password or other means for accessing an account provided by, or on behalf of, the employer or to be used on behalf of the employer.

(3) An employer may not be held liable for the failure to request or require an employee or applicant to disclose the information specified in subsection (1)(a) of this section.

(4) Nothing in this section prevents an employer from:

(a) Conducting an investigation, without requiring an employee to provide a user name and password, password or other means of authentication that provides access to a personal social media account of the employee, for the purpose of ensuring compliance with applicable laws, regulatory requirements or prohibitions against work-related employee misconduct based on receipt by the employer of specific information about activity of the employee on a personal online account or service.

(b) Conducting an investigation permitted under this subsection that requires an employee, without providing a user name and password, password or other means of authentication that provides access to a personal social media account of the employee, to share content that has been reported to the employer that is necessary for the employer to make a factual determination about the matter.

(c) Complying with state and federal laws, rules and regulations and the rules of self-regulatory organizations.

(5) Nothing in this section prohibits an employer from accessing information available to the public about the employee or applicant that is accessible through an online account.

(6) If an employer inadvertently receives the user name and password, password or other means of authentication that provides access to a personal social media account of an employee through the use of an electronic device or program that monitors usage of the employer’s network or employer-provided devices, the employer is not liable for having the information but may not use the information to access the personal social media account of the employee.

(7) This section does not apply to an employer that is a law enforcement unit as defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) .

(8) As used in this section:

(a) “Personal social media account” means a social media account that is used by an employee or applicant for employment exclusively for personal purposes unrelated to any business purpose of the employer or prospective employer and that is not provided by or paid for by the employer or prospective employer.

(b) “Social media” means an electronic medium that allows users to create, share and view user-generated content, including, but not limited to, uploading or downloading videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail or Internet website profiles or locations. [2013 c.204 §2; 2015 c.229 §1; 2021 c.299 §6]

Source: Section 659A.330 — Employee social media account privacy; exception , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 657.507 — OR Code / Title 51 / Chapter 657 / Section 657.507
657.507 Employer’s security for payment of contributions
Status: in_force

(1) If upon satisfactory evidence the Director of the Employment Department finds it necessary for the protection of the Unemployment Compensation Trust Fund, the director may require any employer subject to this chapter, except the state, including every state officer, board, commission, department, institution, branch, agency or political subdivision, to deposit and keep on deposit, with the director, a sum equal to the contributions due the director upon the employer’s payroll or estimated payroll covering a period of three calendar quarters.

(2) The director may, at the discretion of the director and in lieu of such deposit, accept a bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 (Additional definitions for Bank Act) in a form acceptable to the director to secure payment of contributions to become due the fund. The deposit or posting of the bond or letter of credit shall not relieve the employer from making contributions to the fund based on the payroll of the employer as provided by this chapter. The director may, at the discretion of the director, at any time apply such deposit or bond or letter of credit or part thereof to the delinquencies or indebtedness of the employer arising under any provision of this chapter.

(3) Any deposit, letter of credit or bond shall be deemed for all purposes to become the sole property of the Director of the Employment Department and shall be deposited in the Employment Tax Guarantee Fund and held for the sole benefit of the Unemployment Compensation Trust Fund and the Employment Department Special Administrative Fund, subject only to subsection (4) of this section. The deposit, letter of credit or bond shall be prior to all other liens, claims or encumbrances and shall be exempt from any process, attachment, garnishment or execution whatsoever and shall be for the sole benefit of the Unemployment Compensation Trust Fund and the Employment Department Special Administrative Fund except as provided in subsection (4) of this section.

(4) If an employer ceases to be an employer subject to this chapter, the Director of the Employment Department shall, upon receipt of all payments due the fund based on the employer’s payroll, refund to the employer all deposits remaining to the employer’s credit and shall cancel any bond or letter of credit given under this section. Such sums as are on deposit in the Employment Tax Guarantee Fund or bonds held for the benefit of the Unemployment Compensation Trust Fund shall first be applied to any indebtedness or deficiencies due from the employer to the Unemployment Compensation Trust Fund and the Employment Department Special Administrative Fund under any provisions of this chapter before any return is made to the employer. The employer shall have no interest in such deposit, letter of credit or bond prior to full compliance with this section and all provisions of this chapter. [1959 c.598 §7; 1967 c.435 §6; 1991 c.331 §97; 1997 c.631 §517; 1999 c.59 §197]

Source: Section 657.507 — Employer’s security for payment of contributions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 656.033 — OR Code / Title 51 / Chapter 656 / Section 656.033
656.033 Coverage for participants in work experience or school directed professional training programs
Status: in_force

(1) All persons participating as trainees in a work experience program or a school directed professional education project of a school district, as defined in ORS 332.002 (Definitions for chapter) , in which such persons are enrolled, including persons with intellectual disabilities in training programs, are workers of the district subject to this chapter for purposes of this section. Trainees placed in a work experience program with the trainees’ resident school district as the training employer are subject workers under this section if the training and supervision are performed by noninstructional personnel.

(2) A school district conducting a work experience program or school directed professional education project shall submit a written statement to the insurer, or in the case of self-insurers, the Director of the Department of Consumer and Business Services, that includes a description of the work to be performed by such persons and an estimate of the total number of persons enrolled.

(3) The premium cost for coverage under this section is based on an assumed hourly wage which is approved by the Director of the Department of Consumer and Business Services. Such assumed wage is to be used only for calculation purposes under this chapter and without regard to ORS chapter 652 or ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.565 (Investigating compliance with rules) and 653.991 (Penalties) . A self-insured district shall submit such assumed wage rates to the director. If the director finds that the rates are unreasonable, the director may fix appropriate rates to be used for purposes of this section.

(4) The school district shall furnish the insurer, or in the case of self-insurers, the director, with an estimate of the total number of persons enrolled in the school district’s work experience program or school directed professional education project and shall notify the insurer or director of any significant changes in the program or project. Persons covered under this section are entitled to the benefits of this chapter. However, such persons are not entitled to benefits under ORS 656.210 (Temporary total disability) or 656.212 (Temporary partial disability) . The persons 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 participating in the work experience program or school directed professional education project, provided the duties being performed are among those:

(a) Described on the application of the school district; and

(b) Required of similar full-time paid employees.

(5) Filing claims for benefits under this section is the exclusive remedy of a trainee or a beneficiary of the trainee for injuries compensable under this chapter against the state, the state’s political subdivisions, the school district board, the members, officers and employees of the school district board or any employer, regardless of negligence.

(6) The provisions of this section do not apply to any trainee who has earned wages for such employment.

(7) As used in this section, “school directed professional education project” means an on-campus or off-campus project supervised by school personnel that is an assigned activity of a local professional education program approved pursuant to operating procedures of the State Board of Education. A school directed professional education project must be of a practicum experience nature, performed outside of a classroom environment and extending beyond initial instruction or demonstration activities. Such projects are limited to logging, silvicultural thinning, slash burning, fire fighting, stream enhancement, woodcutting, reforestation, tree surgery, construction, printing and manufacturing involving formed metals.

(8) Notwithstanding subsection (1) of this section, a school district may elect to make trainees subject workers under this chapter for school directed professional education projects not enumerated in subsection (7) of this section by making written request to the district’s insurer, or in the case of a self-insured district, the director, with coverage to begin no sooner than the date the request is received by the insurer or director. The request for coverage must include a description of the work to be performed under the project and an estimate of the number of participating trainees. The insurer or director shall accept a request that meets the criteria of this section. [1967 c.374 §2; 1979 c.814 §2a; 1979 c.815 §3; 1981 c.874 §2; 1987 c.489 §1; 1989 c.491 §63; 1991 c.534 §1; 1995 c.343 §52; 2007 c.70 §285; 2019 c.9 §1]

Source: Section 656.033 — Coverage for participants in work experience or school directed professional training programs , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).