ORS § 657.812 — OR Code / Title 51 / Chapter 657 / Section 657.812
657.812 Use of moneys credited to Unemployment Trust Fund by Secretary of the Treasury
Status: in_force

(1) Money credited to the account of this state in the Unemployment Trust Fund by the Secretary of the Treasury of the United States of America pursuant to section 903 of the Social Security Act, as amended, may be requisitioned and used for the payment of expenses incurred for the administration of this chapter pursuant to a specific appropriation by the legislature, provided that the expenses are incurred and the money is requisitioned after the enactment of an appropriation law which:

(a) Specifies the purposes for which the money is appropriated and the amounts appropriated therefor;

(b) Limits the period within which such money may be obligated to a period ending not more than two years after the date of the enactment of the appropriation law; and

(c) Limits the amount which may be obligated under such appropriation at any time to an amount which does not exceed, at any such time, the amount by which the aggregate of the amounts transferred to the account of such state pursuant to section 903 of the Social Security Act, as amended, exceeds the aggregate amount of the amounts used by the state for administration and charged against the amounts transferred to the account of such state.

(2) For purposes of this section, amounts obligated for administrative purposes pursuant to an appropriation shall be chargeable against transferred amounts at the exact time the obligation is entered into. The appropriation, obligation, expenditure or other disposition of money appropriated under this section shall be accounted for in accordance with standards established by the United States Secretary of Labor.

(3) Money appropriated as provided in this section for the payment of expenses of administration shall be requisitioned as needed for the payment of obligations incurred upon such appropriation, and upon requisition shall be deposited in the Unemployment Compensation Administration Fund from which such payments shall be made. Money so deposited shall, until expended, remain a part of the Unemployment Compensation Trust Fund and, if not expended, shall be returned promptly to the account of this state in the Unemployment Trust Fund.

(4) Notwithstanding any other provision of this chapter, money credited to the account of this state pursuant to section 903 of the Social Security Act, as amended, and which has been or will be appropriated for administrative expenses of the Employment Department shall, for the purposes of the computation of fund adequacy percentage ratio, be deemed a part of the Unemployment Compensation Trust Fund. [1957 c.609 §7; 1959 c.604 §1; 1969 c.703 §1; 1973 c.24 §1; 1983 c.508 §13; 1991 c.685 §10]

Source: Section 657.812 — Use of moneys credited to Unemployment Trust Fund by Secretary of the Treasury , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 652.230 — OR Code / Title 51 / Chapter 652 / Section 652.230
652.230 Employee right of action against employer for unpaid wages and damages
Status: in_force

(1) Any employee whose compensation is at a rate that is in violation of ORS 652.220 (Prohibition of discriminatory wage rates based on protected class) shall have a right of action against the employer for the recovery of:

(a) The amount of the unpaid wages to which the employee is entitled for the one year period preceding the commencement of the action; and

(b) An additional amount as liquidated damages equal to the amount referred to in paragraph (a) of this subsection.

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

(3) The action for the unpaid wages and liquidated damages may be maintained by one or more employees on behalf of themselves or other employees similarly situated.

(4) No agreement for compensation at a rate less than the rate to which such employee is entitled under ORS 652.210 (Definitions for ORS 652.210 to 652.235) to 652.235 (Motion to disallow award of compensatory and punitive damages) is a defense to any action under ORS 652.210 (Definitions for ORS 652.210 to 652.235) to 652.235 (Motion to disallow award of compensatory and punitive damages) .

(5) For the purpose of time limitations, a compensation practice that is unlawful under ORS 652.220 (Prohibition of discriminatory wage rates based on protected class) occurs each time compensation is paid pursuant to a discriminatory compensation decision or other practice.

(6) An action under this section alleging a violation of ORS 652.220 (Prohibition of discriminatory wage rates based on protected class) must be commenced within one year after the occurrence of the unlawful practice.

(7) Notwithstanding ORS 30.275 (Notice of claim) (2)(b), notice of claim against a public body under ORS 652.220 (Prohibition of discriminatory wage rates based on protected class) must be given within 300 days of discovery of the alleged loss or injury. [1955 c.193 §3; 1981 c.894 §87; 1995 c.618 §110; 2017 c.197 §3]

Source: Section 652.230 — Employee right of action against employer for unpaid wages and damages; statute of limitations; notice requirement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 652.165 — OR Code / Title 51 / Chapter 652 / Section 652.165
652.165 Rules for wage collection and payment
Status: in_force

In accordance with any applicable provision of ORS chapter 183, the Commissioner of the Bureau of Labor and Industries may adopt rules to carry out the provisions of ORS 652.140 (Payment of wages on termination of employment) to 652.160 (Payment in case of dispute over wages) . [1995 c.501 §3]

Source: Section 652.165 — Rules for wage collection and payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 657.146 — OR Code / Title 51 / Chapter 657 / Section 657.146
657.146 Withholding from benefits for tax purposes
Status: in_force

(1) A claimant may elect to have an amount withheld from benefits otherwise payable to the claimant.

(2) An election made under this section shall be on such form and in such manner as prescribed by the Employment Department.

(3) A claimant making an election under this section may terminate the election at any time.

(4) The amount to be withheld by the Employment Department from a payment of benefits to a claimant making the election under this section shall be the total of:

(a) The amount determined under the rules of the federal Internal Revenue Code relating to the voluntary withholding of amounts from unemployment benefits, for federal income tax purposes; and

(b) An amount equal to six percent of the payment to which the claimant would be entitled but for the election made under this section, for state income tax purposes.

(5) Amounts withheld by the Employment Department pursuant to an election made under this section shall remain in the Unemployment Compensation Trust Fund established under ORS 657.805 (Unemployment Compensation Trust Fund) . Those amounts allocable to federal income tax withholding shall be transferred by the Employment Department to the federal Internal Revenue Service in the time and manner provided by federal law and those amounts allocable to state income tax withholding shall be transferred to the Department of Revenue in the time and manner provided by the Department of Revenue by rule. [1995 c.556 §55; 1997 c.133 §2]

Source: Section 657.146 — Withholding from benefits for tax purposes; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 652.380 — OR Code / Title 51 / Chapter 652 / Section 652.380
652.380 Remedies cumulative
Status: in_force

(1) The remedies provided by ORS 652.310 (Definitions of employer and employee) to 652.414 (Procedure for payment from fund) shall be additional to and not in substitution for and in no manner impair other remedies and may be enforced simultaneously or consecutively so far as not inconsistent with each other.

(2) No payment or tender after the filing of a criminal complaint or commencement of any proceeding by the Commissioner of the Bureau of Labor and Industries shall affect the liability therein of an employer for expenses, or prevent such employer from being subject to fine or forfeitures, or to the giving of bond under ORS 652.340 (Requiring bond of employer) .

Source: Section 652.380 — Remedies cumulative; effect of payment or tender by employer after proceeding commenced , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 653.256 — OR Code / Title 51 / Chapter 653 / Section 653.256
653.256 Civil penalty for general employment statute or rule violations
Status: in_force

(1) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed $1,000 against any person that willfully violates ORS 653.025 (Minimum wage rate) , 653.030 (Commissioner may prescribe lower rates in certain cases) , 653.045 (Records to be kept by employers) , 653.050 (Employers to post summary of law and rules) , 653.060 (Discharging or discriminating against employee prohibited) , 653.261 (Minimum employment conditions) , 653.265 (Overtime for persons employed in canneries, driers and packing plants) , 653.272 (Overtime requirements for agricultural workers) , 653.606 (Employee count) , 653.611 (Substantially equivalent policies) , 653.616 (Allowable uses of sick time) , 653.621 (Minimum use increments) , 653.626 (Medical verification) , 653.631 (Accrual amount records) or 653.636 (Minimum requirements) or section 5, chapter 537, Oregon Laws 2015, or any rule adopted thereunder.

(2) In addition to any other penalty provided by law, the commissioner may assess a civil penalty not to exceed $1,000 against any person that intentionally violates ORS 653.077 (Expressing milk in workplace) or any rule adopted thereunder.

(3) Civil penalties authorized by this section shall be imposed in the manner provided in ORS 183.745 (Civil penalty procedures) .

(4) Intentionally left blank —Ed.

(a) All sums collected as penalties under this section shall be first applied toward reimbursement of costs incurred in determining the violations, conducting hearings under this section and addressing and collecting the penalties.

(b) The remainder, if any, of the sums collected as penalties under subsection (1) of this section shall be paid over by the commissioner to the Department of State Lands for the benefit of the Common School Fund of this state. The department shall issue a receipt for the money to the commissioner.

(c) The remainder, if any, of the sums collected as penalties under subsection (2) of this section shall be paid over by the commissioner to the Department of Human Services for the benefit of the Breastfeeding Mother Friendly Employer Project. The department shall issue a receipt for the moneys to the commissioner. [1997 c.314 §2; 2001 c.690 §3; 2007 c.144 §2; 2015 c.537 §17; 2017 c.685 §5; 2022 c.115 §6]

Source: Section 653.256 — Civil penalty for general employment statute or rule violations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html (accessed May 26, 2025).
ORS § 659a.200 — OR Code / Title 51 / Chapter 659a / Section 659a.200
659A.200 Definitions for ORS 659A.200 to 659A.224
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

As used in ORS 659A.200 (Definitions for ORS 659A.200 to 659A.224) to 659A.224 (Short title) :

(1) “Disciplinary action” includes but is not limited to any discrimination, dismissal, demotion, transfer, reassignment, supervisory reprimand, warning of possible dismissal or withholding of work, whether or not the action affects or will affect employee compensation.

(2) “Employee” means a person:

(a) Employed by or under contract with the state or any agency of or political subdivision in the state;

(b) Employed by or under contract with any person authorized to act on behalf of the state, or agency of the state or subdivision in the state, with respect to control, management or supervision of any employee;

(c) Employed by the public corporation created under ORS 656.751 (State Accident Insurance Fund Corporation created) ;

(d) Employed by a contractor who performs services for the state, agency or subdivision, other than employees of a contractor under contract to construct a public improvement;

(e) Employed by or under contract with any person authorized by contract to act on behalf of the state, agency or subdivision;

(f) Employed by a nonprofit organization; or

(g) Serving as a member of a board of directors of a nonprofit organization who is not otherwise considered an employee.

(3) “Information” includes public and private records, documents and electronically stored data.

(4) “Knowledge” means actual knowledge.

(5) “Nonprofit organization” or “nonprofit” means an organization or group of organizations that:

(a) Receives public funds by way of grant or contract; and

(b) Is exempt from income tax under section 501(c)(3) of the Internal Revenue Code.

(6) “Public employer” means:

(a) The state or any agency of or political subdivision in the state;

(b) Any person authorized to act on behalf of the state, or any agency of or political subdivision in the state, with respect to control, management or supervision of any employee; or

(c) An employer who employs an employee described in subsection (2)(a) to (e) of this section.

(7) “School” means a common school district, a union high school district, an education service district, a public charter school, a private school providing instruction to any grade from kindergarten through grade 12 or a community college district.

(8) “School services” means any of the following services:

(a) Custodial or janitorial services;

(b) Nutrition services;

(c) Transportation services; or

(d) Any other education services that are customarily performed by school employees.

(9) “School services employee” means a person employed by a school services employer to provide school services to a school.

(10) “School services employer” means a private employer that enters into a contract with a school to provide school services to the school. [Formerly 659.505; 2014 c.78 §2; 2015 c.3 §49; 2016 c.73 §3; 2020 s.s.3 c.4 §4]

Source: Section 659A.200 — Definitions for ORS 659A.200 to 659A.224 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 653.485 — OR Code / Title 51 / Chapter 653 / Section 653.485
653.485 Legislative intent
Status: in_force

Nothing in ORS 653.412 (Definitions) to 653.485 (Legislative intent) is intended to:

(1) Limit employee rights or protections otherwise provided by law;

(2) Create an additional remedy for an employee if a remedy equal to or better than a remedy in ORS 653.442 (Right to rest between work shifts) or 653.455 (Compensation for work schedule changes) is required by a collective bargaining agreement or other contract; or

(3) Provide a cause of action to an employee for work schedule changes necessary to accommodate that employee under state or federal family or medical leave laws, state or federal disability laws or ORS 659A.043 (Reinstatement of injured worker to former position) or 659A.046 (Reemployment of injured worker in other available and suitable work) or ORS chapter 656. [2017 c.691 §12]

Note: See note under 653.412 (Definitions) .

Source: Section 653.485 — Legislative intent , https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html (accessed May 26, 2025).
ORS § 656.622 — OR Code / Title 51 / Chapter 656 / Section 656.622
656.622 Reemployment Assistance Program
Status: in_force

(1) There is established a Reemployment Assistance Program for the benefit of employers and workers and for the purpose of:

(a) Giving employers and workers the benefits provided in this section.

(b) Providing reimbursement of reasonable program administration costs of self-insured employers and of insurers of employers who participate in any program funded through the Reemployment Assistance Program.

(2) In order to preclude or reduce nondisabling claims from becoming disabling claims, preclude on-the-job injuries from recurring, reduce disability by returning injured workers to work sooner and to help injured workers remain employed, the Director of the Department of Consumer and Business Services may provide assistance to employers from the Reemployment Assistance Program in such manner and amount as the director considers appropriate. Assistance may include, but need not be limited to, modification of work sites. For purposes of this subsection, work site modification may include engineering design work and occupational health consulting services. Factors to be considered by the director in determining the extent of assistance must include but need not be limited to the employer’s record of returning injured workers to the workplace and the cost-effectiveness of modifications. Assistance may be provided in the form of grants and matching contributions from employers for funds.

(3) In order to encourage the employment of individuals who have incurred compensable injuries that result in disability which may be a substantial obstacle to employment, the director may provide, to eligible injured workers and to employers who employ them, assistance from the Workers’ Benefit Fund in such manner and amount as the director considers appropriate.

(4) Intentionally left blank —Ed.

(a) In addition to such assistance as the director may provide under this section, the director shall provide reimbursement to self-insured employers or to the insurers of employers who hire preferred workers for the claim costs incurred for injuries to those workers during the first three years from the date of hire, as follows:

(A) The claim costs of injuries incurred by those workers.

(B) Reasonable claims administration costs.

(b) A worker may not waive eligibility for preferred worker status in the claim by agreement pursuant to ORS 656.236 (Compromise and release of claim matters except for medical benefits) .

(5) Intentionally left blank —Ed.

(a) In addition to such assistance as the Director of the Department of Consumer and Business Services may provide under subsection (3) of this section, the director shall provide to participating self-insured employers and the insurers of participating employers reimbursement of reasonable program administration costs.

(b) As used in this subsection, “participating employer” or “participating self-insured employer” means an employer participating in any program funded through the Reemployment Assistance Program.

(6) Notwithstanding any other provision of law, determinations by the director regarding assistance pursuant to this section are not subject to review by any court or other administrative body.

(7) The Reemployment Assistance Program shall be funded with moneys collected as provided in ORS 656.506 (Assessments for programs) .

(8) Any assistance from the Reemployment Assistance Program shall be to the extent of the moneys available in the Workers’ Benefit Fund, for the purpose of the program as determined by the director.

(9) The director may make such rules as may be required to establish, regulate, manage and disburse moneys in the Workers’ Benefit Fund in accordance with the intent of this section. Such rules shall include, but are not limited to, the eligibility criteria to receive assistance under this section and the issuance of identity cards to preferred workers to assist employers in the administration of the program.

(10) If claim cost reimbursement is requested under subsection (4) of this section, claims costs incurred as a result of an injury sustained by a preferred worker during the three years after that worker is hired shall not be included in any data used for ratemaking or individual employer rating or dividend calculations by an insurer, a rating organization licensed pursuant to ORS chapter 737, the State Accident Insurance Fund Corporation or the Department of Consumer and Business Services. Neither insurance premiums nor premium assessments under this chapter are payable for preferred workers during the first three years from the date of hire.

(11) Any moneys from the Workers’ Benefit Fund reimbursed to an agency for costs incurred in reemploying injured state workers in the manner described in ORS 659A.052 (Reemployment rights of injured state workers) or in providing wage subsidies for the reemployment of injured state workers shall be outside the biennial expenditure limitation imposed on the agency by the Legislative Assembly and shall be available for expenditure by the agency as a continuous appropriation.

(12) As used in this section, “preferred worker” means a worker who, because of a permanent disability resulting from a compensable injury or occupational disease, is unable to return to the worker’s regular employment, whether or not an order has been issued awarding permanent disability. [1965 c.285 §68; 1969 c.536 §3; 1971 c.768 §3; 1977 c.557 §2; 1981 c.854 §60; 1983 c.391 §4; 1983 c.816 §13; 1985 c.600 §13; 1985 c.770 §2; 1987 c.884 §20; 1990 c.2 §36; 1991 c.93 §11; 1991 c.496 §1; 1991 c.694 §1; 1993 c.760 §3; 1995 c.332 §49; 1995 c.641 §21; 1999 c.273 §4; 2005 c.588 §1; 2007 c.241 §16; 2009 c.36 §§3,4]

Source: Section 656.622 — Reemployment Assistance Program; claim data not to be used for insurance rating; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 656.245 — OR Code / Title 51 / Chapter 656 / Section 656.245
656.245 Medical services to be provided
Status: repealed

(1) Intentionally left blank —Ed.

(a) For every compensable injury, the insurer or the self-insured employer shall cause to be provided medical services for conditions caused in material part by the injury for such period as the nature of the injury or the process of the recovery requires, subject to the limitations in ORS 656.225 (Compensability of certain preexisting conditions) , including such medical services as may be required after a determination of permanent disability. In addition, for consequential and combined conditions described in ORS 656.005 (Definitions) (7), the insurer or the self-insured employer shall cause to be provided only those medical services directed to medical conditions caused in major part by the injury.

(b) Compensable medical services shall include medical, surgical, hospital, nursing, ambulances and other related services, and drugs, medicine, crutches and prosthetic appliances, braces and supports and where necessary, physical restorative services. A pharmacist or dispensing physician shall dispense generic drugs to the worker in accordance with ORS 689.515 (Regulation of generic drugs) . The duty to provide such medical services continues for the life of the worker.

(c) Notwithstanding any other provision of this chapter, medical services after the worker’s condition is medically stationary are not compensable except for the following:

(A) Services provided to a worker who has been determined to be permanently and totally disabled.

(B) Prescription medications.

(C) Services necessary to administer prescription medication or monitor the administration of prescription medication.

(D) Prosthetic devices, braces and supports.

(E) Services necessary to monitor the status, replacement or repair of prosthetic devices, braces and supports.

(F) Services provided pursuant to an accepted claim for aggravation under ORS 656.273 (Aggravation for worsened conditions) .

(G) Services provided pursuant to an order issued under ORS 656.278 (Board has continuing authority to alter earlier action on claim) .

(H) Services that are necessary to diagnose the worker’s condition.

(I) Life-preserving modalities similar to insulin therapy, dialysis and transfusions.

(J) With the approval of the insurer or self-insured employer, palliative care that the worker’s attending physician referred to in ORS 656.005 (Definitions) (12)(b)(A) prescribes and that is necessary to enable the worker to continue current employment or a vocational training program. If the insurer or self-insured employer does not approve, the attending physician or the worker may request approval from the Director of the Department of Consumer and Business Services for such treatment. The director may order a medical review by a physician or panel of physicians pursuant to ORS 656.327 (Review of medical treatment of worker) (3) to aid in the review of such treatment. The decision of the director is subject to review under ORS 656.704 (Actions and orders regarding matters concerning claim and matters other than matters concerning claim) .

(K) With the approval of the director, curative care arising from a generally recognized, nonexperimental advance in medical science since the worker’s claim was closed that is highly likely to improve the worker’s condition and that is otherwise justified by the circumstances of the claim. The decision of the director is subject to review under ORS 656.704 (Actions and orders regarding matters concerning claim and matters other than matters concerning claim) .

(L) Curative care provided to a worker to stabilize a temporary and acute waxing and waning of symptoms of the worker’s condition.

(d) When the medically stationary date in a disabling claim is established by the insurer or self-insured employer and is not based on the findings of the attending physician, the insurer or self-insured employer is responsible for reimbursement to affected medical service providers for otherwise compensable services rendered until the insurer or self-insured employer provides written notice to the attending physician of the worker’s medically stationary status.

(e) Except for services provided under a managed care contract, out-of-pocket expense reimbursement to receive care from the attending physician or nurse practitioner authorized to provide compensable medical services under this section shall not exceed the amount required to seek care from an appropriate nurse practitioner or attending physician of the same specialty who is in a medical community geographically closer to the worker’s home. For the purposes of this paragraph, all physicians and nurse practitioners within a metropolitan area are considered to be part of the same medical community.

(2) Intentionally left blank —Ed.

(a) The worker may choose an attending doctor, physician or nurse practitioner within the State of Oregon. The worker may choose the initial attending physician or nurse practitioner and may subsequently change attending physician or nurse practitioner two times without approval from the director. If the worker thereafter selects another attending physician or nurse practitioner, the insurer or self-insured employer may require the director’s approval of the selection. The decision of the director is subject to review under ORS 656.704 (Actions and orders regarding matters concerning claim and matters other than matters concerning claim) . The worker also may choose an attending doctor or physician in another country or in any state or territory or possession of the United States with the prior approval of the insurer or self-insured employer.

(b) A medical service provider who is not a member of a managed care organization is subject to the following provisions:

(A) A medical service provider who is not qualified to be an attending physician may provide compensable medical service to an injured worker for a period of 30 days from the date of the first visit on the initial claim or for 12 visits, whichever first occurs, without the authorization of an attending physician. Thereafter, medical service provided to an injured worker without the written authorization of an attending physician is not compensable.

(B) A medical service provider who is not an attending physician cannot authorize the payment of temporary disability compensation. However, an emergency room physician who is not authorized to serve as an attending physician under ORS 656.005 (Definitions) (12)(c) may authorize temporary disability benefits for a maximum of 14 days. A medical service provider qualified to serve as an attending physician under ORS 656.005 (Definitions) (12)(b)(B) may authorize the payment of temporary disability compensation for a period not to exceed 30 days from the date of the first visit on the initial claim.

(C) Except as otherwise provided in this chapter, only a physician qualified to serve as an attending physician under ORS 656.005 (Definitions) (12)(b)(A) or (B)(i) who is serving as the attending physician at the time of claim closure may make findings regarding the worker’s impairment for the purpose of evaluating the worker’s disability.

(D) Notwithstanding subparagraphs (A) and (B) of this paragraph, a nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs) or a physician assistant licensed by the Oregon Medical Board in accordance with ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) or a similarly licensed physician assistant in any country or in any state, territory or possession of the United States:

(i) May provide compensable medical services for 180 days from the date of the first visit on the initial claim;

(ii) May authorize the payment of temporary disability benefits for a period not to exceed 180 days from the date of the first visit on the initial claim; and

(iii) When an injured worker treating with a nurse practitioner or physician assistant authorized to provide compensable services under this section becomes medically stationary within the 180-day period in which the nurse practitioner or physician assistant is authorized to treat the injured worker, shall refer the injured worker to a physician qualified to be an attending physician as defined in ORS 656.005 (Definitions) for the purpose of making findings regarding the worker’s impairment for the purpose of evaluating the worker’s disability. If a worker returns to the nurse practitioner or physician assistant after initial claim closure for evaluation of a possible worsening of the worker’s condition, the nurse practitioner or physician assistant shall refer the worker to an attending physician and the insurer shall compensate the nurse practitioner or physician assistant for the examination performed.

(3) Notwithstanding any other provision of this chapter, the director, by rule, upon the advice of the committee created by ORS 656.794 (Advisory committee on medical care) and upon the advice of the professional licensing boards of practitioners affected by the rule, may exclude from compensability any medical treatment the director finds to be unscientific, unproven, outmoded or experimental. The decision of the director is subject to review under ORS 656.704 (Actions and orders regarding matters concerning claim and matters other than matters concerning claim) .

(4) Notwithstanding subsection (2)(a) of this section, when a self-insured employer or the insurer of an employer contracts with a managed care organization certified pursuant to ORS 656.260 (Certification procedure for managed health care provider) for medical services required by this chapter to be provided to injured workers:

(a) Those workers who are subject to the contract shall receive medical services in the manner prescribed in the contract. Workers subject to the contract include those who are receiving medical treatment for an accepted compensable injury or occupational disease, regardless of the date of injury or medically stationary status, on or after the effective date of the contract. If the managed care organization determines that the change in provider would be medically detrimental to the worker, the worker shall not become subject to the contract until the worker is found to be medically stationary, the worker changes physicians or nurse practitioners, or the managed care organization determines that the change in provider is no longer medically detrimental, whichever event first occurs. A worker becomes subject to the contract upon the worker’s receipt of actual notice of the worker’s enrollment in the managed care organization, or upon the third day after the notice was sent by regular mail by the insurer or self-insured employer, whichever event first occurs. A worker shall not be subject to a contract after it expires or terminates without renewal. A worker may continue to treat with the attending physician or nurse practitioner authorized to provide compensable medical services under this section under an expired or terminated managed care organization contract if the physician or nurse practitioner agrees to comply with the rules, terms and conditions regarding services performed under any subsequent managed care organization contract to which the worker is subject. A worker shall not be subject to a contract if the worker’s primary residence is more than 100 miles outside the managed care organization’s certified geographical area. Each such contract must comply with the certification standards provided in ORS 656.260 (Certification procedure for managed health care provider) . However, a worker may receive immediate emergency medical treatment that is compensable from a medical service provider who is not a member of the managed care organization. Insurers or self-insured employers who contract with a managed care organization for medical services shall give notice to the workers of eligible medical service providers and such other information regarding the contract and manner of receiving medical services as the director may prescribe. Notwithstanding any provision of law or rule to the contrary, a worker of a noncomplying employer is considered to be subject to a contract between the State Accident Insurance Fund Corporation as a processing agent or the assigned claims agent and a managed care organization.

(b) Intentionally left blank —Ed.

(A) For initial or aggravation claims filed after June 7, 1995, the insurer or self-insured employer may require an injured worker, on a case-by-case basis, immediately to receive medical services from the managed care organization.

(B) If the insurer or self-insured employer gives notice that the worker is required to receive treatment from the managed care organization, the insurer or self-insured employer must guarantee that any reasonable and necessary services so received, that are not otherwise covered by health insurance, will be paid as provided in ORS 656.248 (Medical service fee schedules) , even if the claim is denied, until the worker receives actual notice of the denial or until three days after the denial is mailed, whichever event first occurs. The worker may elect to receive care from a primary care physician, nurse practitioner or physician assistant authorized to provide compensable medical services under this section who agrees to the conditions of ORS 656.260 (Certification procedure for managed health care provider) (4)(g). However, guarantee of payment is not required by the insurer or self-insured employer if this election is made.

(C) If the insurer or self-insured employer does not give notice that the worker is required to receive treatment from the managed care organization, the insurer or self-insured employer is under no obligation to pay for services received by the worker unless the claim is later accepted.

(D) If the claim is denied, the worker may receive medical services after the date of denial from sources other than the managed care organization until the denial is reversed. Reasonable and necessary medical services received from sources other than the managed care organization after the date of claim denial must be paid as provided in ORS 656.248 (Medical service fee schedules) by the insurer or self-insured employer if the claim is finally determined to be compensable.

(5) Intentionally left blank —Ed.

(a) A nurse practitioner, or a physician assistant described in ORS 656.005 (Definitions) (12)(b)(C), who is not a member of the managed care organization is authorized to provide the same level of services as a primary care physician as established by ORS 656.260 (Certification procedure for managed health care provider) (4) if the nurse practitioner or physician assistant:

(A) Maintains the worker’s medical records;

(B) Has a documented history of treatment with the worker;

(C) Agrees to refer the worker to the managed care organization for any specialized treatment, including physical therapy, to be furnished by another provider that the worker may require; and

(D) Agrees to comply with all the rules, terms and conditions regarding services performed by the managed care organization.

(b) Intentionally left blank —Ed.

(A) A nurse practitioner or physician assistant authorized to provide medical services to a worker enrolled in the managed care organization may:

(i) Provide medical treatment to the worker if the treatment is determined to be medically appropriate according to the service utilization review process of the managed care organization; and

(ii) Authorize temporary disability payments as provided in subsection (2)(b)(D) of this section.

(B) The managed care organization may also authorize the nurse practitioner or physician assistant to provide medical services and authorize temporary disability payments beyond the periods established in subsection (2)(b)(D) of this section.

(6) Subject to the provisions of ORS 656.704 (Actions and orders regarding matters concerning claim and matters other than matters concerning claim) , if a claim for medical services is disapproved, the injured worker, insurer or self-insured employer may request administrative review by the director pursuant to ORS 656.260 (Certification procedure for managed health care provider) or 656.327 (Review of medical treatment of worker) . [1965 c.285 §23; 1979 c.839 §32; 1981 c.535 §31; 1981 c.854 §14; 1985 c.739 §4; 1987 c.884 §24; 1990 c.2 §10; 1995 c.332 §25; amendments by 1995 c.332 §25a repealed by 1999 c.6 §1; 1999 c.6 §10; 1999 c.582 §12; 1999 c.868 §1; 1999 c.926 §1; 2003 c.811 §§3,4; 2005 c.26 §§3,4; 2007 c.252 §§3,4; 2007 c.270 §§2,3; 2007 c.365 §2a; 2007 c.505 §§3,4; 2009 c.32 §1; 2009 c.36 §1; 2013 c.179 §1; 2023 c.87 §1]

Source: Section 656.245 — Medical services to be provided; worker choice of provider; restrictions on providers outside managed care organizations; director exclusion of medical treatments; when workers to receive services as prescribed in managed care organization contract; provision of services by nurse practitioners and physician assistants; administrative review of disapproved claims; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 657.333 — OR Code / Title 51 / Chapter 657 / Section 657.333
657.333 Charging employer’s account for benefits
Status: in_force

An employer’s account may not be charged for additional benefits paid to an unemployed individual under ORS 657.331 (“Additional benefits” and “additional benefit period” defined) to 657.334 (Limitation on period for which benefits paid) . However, nothing in this section shall be construed to relieve the state, reimbursing political subdivisions, reimbursing nonprofit employers or reimbursing Indian tribes from paying into the Unemployment Compensation Trust Fund an amount equal to the additional benefits paid to an unemployed individual under ORS 657.331 (“Additional benefits” and “additional benefit period” defined) to 657.334 (Limitation on period for which benefits paid) . [1983 c.818 §7; 2001 c.572 §10; 2003 c.14 §403]

Source: Section 657.333 — Charging employer’s account for benefits; reimbursing employer payments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 654.120 — OR Code / Title 51 / Chapter 654 / Section 654.120
654.120 Records of proceedings
Status: in_force

(1) The Department of Consumer and Business Services shall maintain, for a reasonable time, records of all inspections, investigations, employee complaints, employer reports, citations, hearings, proceedings and any other matters necessary for achieving 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) .

(2) Each employer shall keep records, in the manner prescribed by the Director of the Department of Consumer and Business Services, of work-related deaths and serious injuries and illnesses, and of such other relevant occupational safety and health matters as are reasonably necessary for achieving 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) . Each employer shall notify the director forthwith of the work-related death of any employee of the employer, and shall make such other reports as the director may reasonably prescribe by rule or order.

(3) All information reported to or otherwise obtained by the department in connection with any matter or proceeding 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) which contains or which might reveal a trade secret referred to in section 1905, title 18, United States Code, shall be considered confidential for the purposes of that section, except that such information may be disclosed to other officers or employees of the department or other agencies concerned with carrying out their duties 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) or when relevant in any proceeding 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) or under 654.991 (Penalties) . In any such matter or proceeding the department, the other state agency, the Administrative Law Judge, the Workers’ Compensation Board or the court shall issue such orders as may be appropriate to protect the confidentiality of trade secrets.

(4) The director will make reports to the Secretary of Labor of the United States in such form and containing such information as the Secretary of Labor shall from time to time require pursuant to the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).

(5) Nothing contained 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) shall relieve an employer from making such reports to the Secretary of Labor of the United States as may be required by federal law. [1973 c.833 §23; 1977 c.804 §40; 2017 c.238 §3]

Source: Section 654.120 — Records of proceedings; confidentiality of certain information; federal reporting requirements; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors654.­html (accessed May 26, 2025).
ORS § 657.020 — OR Code / Title 51 / Chapter 657 / Section 657.020
657.020 Employing unit
Status: in_force

(1) As used in this chapter, unless the context requires otherwise, “employing unit” means:

(a) Any individual or type of organization, including any partnership, association, limited liability company, limited liability partnership, trust, estate, joint stock company, insurance company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or successor thereof, or the legal representative of a deceased person, who has or had in its employ one or more individuals performing services for it within this state.

(b) This state, including every state officer, board, commission, department, institution, branch and agency of the state government.

(c) Any people’s utility district.

(d) Any political subdivision.

(e) Any Indian tribe or subdivision, subsidiary or business enterprise wholly owned by an Indian tribe.

(2) All individuals performing services within this state for any employing unit that maintains two or more separate establishments within this state are deemed to be employed by a single employing unit for all the purposes of this chapter, except that for the purposes of this chapter each of the various agencies, boards, commissions, departments, institutions and political subdivisions of this state shall be deemed separate employing units. [Amended by 1955 c.655 §1; 1957 c.682 §1; 1959 c.398 §1; 1973 c.715 §1; 1977 c.295 §1; 1995 c.93 §37; 1997 c.646 §14; 2001 c.572 §1]

Source: Section 657.020 — Employing unit , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 659a.409 — OR Code / Title 51 / Chapter 659a / Section 659a.409
659A.409 Notice that discrimination will be made in place of public accommodation prohibited
Status: in_force

Except as provided by laws governing the consumption of alcoholic beverages by minors, the use of marijuana items, as defined in ORS 475C.009 (Definitions for ORS 475C.005 to 475C.525) , by persons under 21 years of age, the frequenting by minors of places of public accommodation where alcoholic beverages are served and the frequenting by persons under 21 years of age of places of public accommodation where marijuana items are sold, and except for special rates or services offered to persons 50 years of age or older, it is an unlawful practice for any person acting on behalf of any place of public accommodation as defined in ORS 659A.400 (Place of public accommodation defined) to publish, circulate, issue or display, or cause to be published, circulated, issued or displayed, any communication, notice, advertisement or sign of any kind to the effect that any of the accommodations, advantages, facilities, services or privileges of the place of public accommodation will be refused, withheld from or denied to, or that any discrimination will be made against, any person on account of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age if the individual is of age, as described in this section, or older. [Formerly 659.037; 2003 c.521 §3; 2005 c.131 §2; 2007 c.100 §7; 2015 c.614 §28; 2021 c.367 §39]

Source: Section 659A.409 — Notice that discrimination will be made in place of public accommodation prohibited; age exceptions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 658.176 — OR Code / Title 51 / Chapter 658 / Section 658.176
658.176 Fees and charges for services
Status: in_force

No fee or charge may be required or accepted from an individual seeking employment prior to the time such individual obtains employment and actually starts work. However, the employment agency may specify the terms of payment in the contract, or, after the applicant accepts employment, but before starting work, enter into an agreement for the payment of the agency’s charge, providing payment is to commence only upon the condition and after the date the applicant starts work. [1961 c.380 §17 (enacted in lieu of 658.175); 1973 c.678 §16]

Source: Section 658.176 — Fees and charges for services , https://www.­oregonlegislature.­gov/bills_laws/ors/ors658.­html (accessed May 26, 2025).
ORS § 657.375 — OR Code / Title 51 / Chapter 657 / Section 657.375
657.375 Plan applications
Status: in_force

(1) An employer wishing to participate in the shared work unemployment benefit program must submit a signed, written shared work plan to the Director of the Employment Department for approval.

(2) The director may give written approval of a shared work plan only if it:

(a) Provides a description of how the requirements of the shared work unemployment benefit program will be implemented.

(b) Is consistent with employer obligations under federal law.

(c) Specifies the employees in the affected group.

(d) Applies to only one affected group.

(e) Includes a certified statement by the employer that each individual specified in the affected group is an affected employee.

(f) Includes the employer’s estimate of the number of layoffs that would have occurred if not for the shared work unemployment benefit program.

(g) Includes a certified statement by the employer that for the duration of the plan the reduction in the normal weekly hours of work of the employees in the affected group is instead of layoffs which otherwise would result in at least as large a reduction in the total normal weekly hours of work.

(h) Specifies an expiration date that is no more than one year from the date the employer submits the plan for approval.

(i) Certifies that existing health and retirement benefits under a defined benefit plan or contributions to a defined contribution plan, as defined in section 414 of the Internal Revenue Code, for the benefit of any participating employee with a reduced workweek will be provided to the employee as if the workweek had not been reduced.

(j) Is approved in writing by the collective bargaining agent for each collective bargaining agreement that covers any employee in the affected group.

(3) The director shall establish the beginning and ending dates of an approved shared work plan.

(4) Intentionally left blank —Ed.

(a) The director shall approve or disapprove the plan within 15 days of receipt of the plan.

(b) The director shall notify the employer of the reasons for disapproval of a shared work plan within 10 days of making the determination.

(c) Determinations of the director are final and are not subject to review by any court or other administrative body.

(5) Disapproval of a shared work plan may be reconsidered upon application of the employer or at the discretion of the director.

(6) Approval of a shared work plan may be revoked by the director when it is established that approval was based, in whole or in part, upon information contained in the plan that is either false or substantially misleading. [1982 s.s.1 c.2 §9; 1993 c.778 §21; 2013 c.704 §3]

Source: Section 657.375 — Plan applications; approval by director , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 659a.001 — OR Code / Title 51 / Chapter 659a / Section 659a.001
659A.001 Definitions
Status: in_force

As used in this chapter:

(1) “Bureau” means the Bureau of Labor and Industries.

(2) “Commissioner” means the Commissioner of the Bureau of Labor and Industries.

(3) “Employee” does not include any individual employed by the individual’s parents, spouse or child or in the domestic service of any person.

(4) Intentionally left blank —Ed.

(a) “Employer” means any person who in this state, directly or through an agent, engages or uses the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed.

(b) For the purposes of employee protections described in ORS 659A.350 (Interns) , “employer” means any person who, in this state, is in an employment relationship with an intern as described in ORS 659A.350 (Interns) .

(5) “Employment agency” includes any person undertaking to procure employees or opportunities to work.

(6) Intentionally left blank —Ed.

(a) “Familial status” means the relationship between one or more individuals who have not attained 18 years of age and who are domiciled with:

(A) A parent or another person having legal custody of the individual; or

(B) The designee of the parent or other person having such custody, with the written permission of the parent or other person.

(b) “Familial status” includes any individual, regardless of age or domicile, who is pregnant or is in the process of securing legal custody of an individual who has not attained 18 years of age.

(7) “Labor organization” includes any organization which is constituted for the purpose, in whole or in part, of collective bargaining or in dealing with employers concerning grievances, terms or conditions of employment or of other mutual aid or protection in connection with employees.

(8) “National origin” includes ancestry.

(9) “Person” includes:

(a) One or more individuals, partnerships, associations, labor organizations, limited liability companies, joint stock companies, corporations, legal representatives, trustees, trustees in bankruptcy or receivers.

(b) A public body as defined in ORS 30.260 (Definitions for ORS 30.260 to 30.300) .

(c) For purposes of ORS 659A.145 (Discrimination against individual with disability in real property transactions prohibited) and 659A.421 (Discrimination in selling, renting or leasing real property prohibited) and the application of any federal housing law, a fiduciary, mutual company, trust or unincorporated organization.

(10) “Protective hairstyle” means a hairstyle, hair color or manner of wearing hair that includes, but is not limited to, braids, regardless of whether the braids are created with extensions or styled with adornments, locs and twists.

(11) “Race” includes physical characteristics that are historically associated with race, including but not limited to natural hair, hair texture, hair type and protective hairstyles.

(12) “Respondent” means any person against whom a complaint or charge of an unlawful practice is filed with the commissioner or whose name has been added to such complaint or charge pursuant to ORS 659A.835 (Investigation) .

(13) “Unlawful employment practice” means a practice specifically denominated as an unlawful employment practice in this chapter. “Unlawful employment practice” includes a practice that is specifically denominated in another statute of this state as an unlawful employment practice and that is specifically made subject to enforcement under this chapter.

(14) “Unlawful practice” means any unlawful employment practice or any other practice specifically denominated as an unlawful practice in this chapter. “Unlawful practice” includes a practice that is specifically denominated in another statute of this state as an unlawful practice and that is specifically made subject to enforcement under this chapter, or a practice that violates a rule adopted by the commissioner for the enforcement of the provisions of this chapter. [2001 c.621 §1; 2008 c.36 §4; 2013 c.379 §3; 2021 c.239 §1]

Source: Section 659A.001 — Definitions , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 657.093 — OR Code / Title 51 / Chapter 657 / Section 657.093
657.093 Employment
Status: in_force

(1) As used in this chapter, “employment” does not include service provided in conjunction with skiing activities or events for a nonprofit employing unit by a person who receives no remuneration other than ski passes for the service provided.

(2) The provisions of subsection (1) of this section apply only to the extent permitted by 26 U.S.C. 3306(c)(10)(A). [2008 c.32 §5]

Source: Section 657.093 — Employment; certain services provided in exchange for ski passes excluded , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 659a.190 — OR Code / Title 51 / Chapter 659a / Section 659a.190
659A.190 Definitions for ORS 659A.190 to 659A.198
Status: in_force

As used in ORS 659A.190 (Definitions for ORS 659A.190 to 659A.198) to 659A.198 (Use of paid leave) :

(1) “Covered employer” means an employer who employs six or more persons in the State of Oregon for each working day during each of 20 or more calendar workweeks in the year in which an eligible employee takes leave to attend a criminal proceeding or in the year immediately preceding the year in which an eligible employee takes leave to attend a criminal proceeding.

(2) “Crime victim” means a person who has suffered financial, social, psychological or physical harm as a result of a person felony, as defined in the rules of the Oregon Criminal Justice Commission, and includes a member of the immediate family of the person.

(3) “Criminal proceeding” has the meaning given that term in ORS 131.005 (General definitions) and includes a juvenile proceeding under ORS chapter 419C or any other proceeding at which a crime victim has a right to be present.

(4) “Eligible employee” means an employee who:

(a) Worked an average of more than 25 hours per week for a covered employer for at least 180 days immediately before the date the employee takes leave to attend a criminal proceeding; and

(b) Is a crime victim.

(5) “Immediate family” means spouse, domestic partner, father, mother, sibling, child, stepchild and grandparent. [2003 c.603 §2]

Source: Section 659A.190 — Definitions for ORS 659A.190 to 659A.198 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 659a.370 — OR Code / Title 51 / Chapter 659a / Section 659a.370
659A.370 Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct
Status: in_force

(1) Except as provided in subsections (2) or (4) of this subsection, it is an unlawful employment practice for an employer to enter into an agreement with a former, current or prospective employee, as a condition of employment, continued employment, promotion, compensation or the receipt of benefits, that contains a nondisclosure provision, a nondisparagement provision or any other provision that has the purpose or effect of preventing the employee from disclosing or discussing conduct:

(a) Intentionally left blank —Ed.

(A) That constitutes discrimination prohibited by ORS 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited) , including conduct that constitutes sexual assault; or

(B) That constitutes discrimination prohibited by ORS 659A.082 (Discrimination against person for service in uniformed service prohibited) or 659A.112 (Employment discrimination) ; and

(b) Intentionally left blank —Ed.

(A) That occurred between employees or between an employer and an employee in the workplace or at a work-related event that is off the employment premises and coordinated by or through the employer; or

(B) That occurred between an employer and an employee off the employment premises.

(2) Intentionally left blank —Ed.

(a) Whenever an employer and a former, current or prospective employee enter into an agreement, the terms of which release a claim brought against the employer by an employee alleging the occurrence of unlawful conduct described in subsection (1)(a) and (b) of this section, the agreement may include one or more of the following provisions only when the employee who is a party to the agreement requests the inclusion of such provisions in the agreement:

(A) A provision described in subsection (1) of this section;

(B) A provision that prevents the disclosure of the amount of or fact of any settlement; or

(C) A no-rehire provision that prohibits the employee from seeking reemployment with the employer as a term or condition of the agreement.

(b) It is a violation of this subsection for an employer or former employer to:

(A) Make an offer of settlement conditional upon a request to include in the agreement the provisions described in paragraph (a) of this subsection.

(B) Fail to provide a person with whom the employer seeks to enter into the agreement a copy of the policy described in ORS 659A.375 (Employer policies relating to prevention of discrimination and sexual assault) .

(3) Intentionally left blank —Ed.

(a) An agreement entered into under subsection (2) of this section must provide that the employee has at least seven days after executing the agreement to revoke the agreement.

(b) The agreement may not become effective until after the revocation period has expired.

(4) The prohibitions under subsection (1) of this section do not apply to agreements entered into between an employer and a former, current or prospective employee if an employer makes a good faith determination that the employee has engaged in conduct prohibited by ORS 659A.030 (Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited) , including sexual assault, conduct prohibited by ORS 659A.082 (Discrimination against person for service in uniformed service prohibited) or 659A.112 (Employment discrimination) or conduct prohibited by this section.

(5) An employee may file a complaint under ORS 659A.820 (Complaints) for violations of this section and may bring a civil action under ORS 659A.885 (Civil action) and recover a civil penalty of up to $5,000 and relief as provided by ORS 659A.885 (Civil action) (1) to (3).

(6) This section does not apply to an employee who is tasked by law to receive confidential or privileged reports of discrimination, sexual assault or harassment.

(7) Except to the extent provided under subsections (2) and (4) of this section, provisions included in an agreement in violation of this section are void and unenforceable.

(8) Nothing in this section prohibits an employer from enforcing a nondisclosure or nondisparagement agreement that is unrelated to the conduct described in subsection (1) of this section.

(9) As used in this section, “sexual assault” means unwanted conduct of a sexual nature that is inflicted upon a person or compelled through the use of physical force, manipulation, threat or intimidation. [2019 c.343 §2; 2022 c.107 §1]

Source: Section 659A.370 — Employer prohibited from entering into agreements that prevent employee from discussing certain unlawful conduct; exceptions; remedies , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 657.665 — OR Code / Title 51 / Chapter 657 / Section 657.665
657.665 Confidentiality of information
Status: in_force

(1) Except as provided in subsections (2) to (5) of this section, all information in the records of the Employment Department pertaining to the administration of the unemployment insurance, employment service and workforce and labor market information programs:

(a) Is confidential and for the exclusive use and information of the Director of the Employment Department in administering the unemployment insurance, employment service and workforce and labor market information programs in Oregon.

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

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

(2) The Employment Department shall disclose information:

(a) To any claimant or legal representative, at a hearing before an administrative law judge, to the extent necessary for the proper presentation of an unemployment insurance claim.

(b) Upon request to the United States Secretary of Labor. The Employment Department shall disclose the information in a form and containing the information that the United States Secretary of Labor may require. The information disclosed is confidential and may not be used for any other purpose.

(c) Pursuant to section 303(a)(7) of the Social Security Act, upon request to any agency of the United States charged with the administration of public works or assistance through public employment. Under this paragraph, the Employment Department shall disclose the name, address, ordinary occupation and employment status of each recipient of unemployment insurance benefits and a statement of the recipient’s right to further benefits under this chapter. The information disclosed is confidential and may not be used for any other purpose.

(d) Pursuant to section 303(c)(1) of the Social Security Act, to the Railroad Retirement Board. Under this paragraph, the Employment Department shall disclose unemployment insurance records. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the board.

(e) Pursuant to section 303(d) of the Social Security Act, upon request to officers and employees of the United States Department of Agriculture and to officers or employees of any state Supplemental Nutrition Assistance Program agency for the purpose of determining an individual’s eligibility for or the amount of supplemental nutrition assistance. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the United States Department of Agriculture.

(f) Pursuant to section 303(e)(1) and (2)(A)(ii) of the Social Security Act, to state or local child support enforcement agencies enforcing child support obligations under Title IV-D of the Social Security Act for the purposes of establishing child support obligations, locating individuals owing child support obligations and collecting child support obligations from those individuals. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the child support enforcement agency.

(g) Pursuant to sections 303(f) and 1137 of the Social Security Act, to agencies participating in the income and eligibility verification system for the purpose of verifying an individual’s eligibility for benefits, or the amount of benefits, under unemployment insurance, temporary assistance for needy families, Medicaid, the Supplemental Nutrition Assistance Program, Supplemental Security Income, child support enforcement or Social Security programs. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the requesting agency.

(h) Pursuant to section 303(h) of the Social Security Act and section 3304(a)(16)(B) of the Federal Unemployment Tax Act, to the United States Department of Health and Human Services National Directory of New Hires. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the United States Department of Health and Human Services.

(i) Pursuant to section 303(i) of the Social Security Act, to officers and employees of the United States Department of Housing and Urban Development and to representatives of a public housing agency for the purpose of determining an individual’s eligibility for benefits, or the amount of benefits, under a housing assistance program of the United States Department of Housing and Urban Development. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the United States Department of Housing and Urban Development or the public housing agency.

(j) Pursuant to regulations of the United States Secretary of Health and Human Services issued under section 3304(a)(16)(A) of the Federal Unemployment Tax Act, and except as required by section 303 of the Social Security Act, to the state, a political subdivision or a federally recognized Indian tribe that has signed an agreement with the Department of Human Services to administer Part A of Title IV of the Social Security Act for the purpose of determining an individual’s eligibility for assistance, or the amount of assistance, under a program funded under Part A of Title IV of the Social Security Act. The information disclosed is confidential and may not be used for any other purpose.

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

(3) The Employment Department may disclose information secured from employing units:

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

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

(c) In accordance with ORS 657.673 (Disclosure of wage information to consumer reporting agency) .

(4) The Employment Department may:

(a) Disclose information to public employees in the performance of their duties under state or federal laws relating to the payment of unemployment insurance benefits, the provision of employment services and the provision of workforce and labor market information.

(b) At the discretion of the Director of the Employment Department and subject to an interagency agreement, disclose information to public officials in the performance of their official duties administering or enforcing laws within their authority and to the agents or contractors of public officials. The public official shall agree to assume responsibility for misuse of the information by the official’s agent or contractor.

(c) Disclose information pursuant to an informed consent, received from an employer or claimant, to disclose the information.

(d) Disclose information to partners under the federal Workforce Innovation and Opportunity Act for the purpose of administering state workforce programs under the Act. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the requesting partner.

(e) Disclose the names and addresses of employing units to the Bureau of Labor and Industries for the purpose of disseminating information to employing units. The names and addresses disclosed are confidential and may not be used for any other purpose. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the bureau.

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

(g) Disclose information required under ORS 657.660 (Records and reports of employing units) (3) and (4) to the Public Employees Retirement System for the purpose of determining the eligibility of members of the retirement system for disability under ORS chapters 238 and 238A. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the Public Employees Retirement System.

(h) Disclose to the Oregon Business Development Commission and the Oregon Business Development Department information required by the commission and the department in performing their duties under ORS 285A.050 (Biennial report) and 285B.630 (Department to obtain employment and wage information for eligible employers at regionally significant industrial sites and determine estimated incremental income tax revenues) to verify changes in employment levels following direct employer participation in department programs or indirect participation through municipalities under ORS 285B.410 (Definitions for ORS 285B.410 to 285B.482) to 285B.482 (Revenue bonds as parity bonds) . The information disclosed to the commission and the department may include an employer’s employment level, total subject wages payroll and whole hours worked. The information disclosed is confidential and may not be used for any other purpose. The commission and the department may not disclose the information in any manner that would identify an employing unit or employee except to the extent necessary to carry out the commission’s and the department’s duties under ORS 285A.050 (Biennial report) and 285B.630 (Department to obtain employment and wage information for eligible employers at regionally significant industrial sites and determine estimated incremental income tax revenues) . If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the commission or the Oregon Business Development Department.

(i) Disclose information to the Department of Revenue for the purpose of performing its duties under ORS 293.250 (Collections Unit) or under the revenue and tax laws of this state, or for the purpose of using information reported by employers and claimants to detect potential identity theft or fraudulent claims. The information disclosed may include the names and addresses of employers and employees and payroll data of employers and employees. The information disclosed is confidential and may not be disclosed by the Department of Revenue in any manner that would identify an employing unit or employee except to the extent necessary to carry out the department’s duties under ORS 293.250 (Collections Unit) or in auditing or reviewing any report or return required or permitted to be filed under the revenue and tax laws administered by the department. The Department of Revenue may not disclose any information received to any private collection agency or for any other purpose. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the Department of Revenue.

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

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

(L) Disclose information to the State Fire Marshal to assist the State Fire Marshal in carrying out duties under ORS 453.307 (Definitions for ORS 453.307 to 453.414) to 453.414 (Exemption for local government) . The information disclosed may include the name, address, telephone number and industrial classification code of an employer. The information disclosed is confidential and may not be disclosed by the State Fire Marshal in any manner that would identify an employing unit except to the extent necessary to carry out duties under ORS 453.307 (Definitions for ORS 453.307 to 453.414) to 453.414 (Exemption for local government) . If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the Department of the State Fire Marshal.

(m) Disclose information to the Higher Education Coordinating Commission for the purpose of performing the commission’s duties under ORS chapter 348 and Title IV of the Higher Education Act of 1965. The information disclosed may include the names and addresses of employers and employees and payroll data of employers and employees. The information disclosed is confidential and may not be disclosed by the commission in any manner that would identify an employing unit or employee except to the extent necessary to carry out the commission’s duties under ORS chapter 348 or Title IV of the Higher Education Act of 1965. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the commission.

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

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

(p) Disclose to the Alcohol and Drug Policy Commission information required by the commission in evaluating and measuring the performance of alcohol and drug prevention and treatment programs under ORS 430.223 (Comprehensive addiction, prevention, treatment and recovery plan) or the impact of the programs on employment. The information disclosed to the commission may include total subject wages payroll and whole hours worked. The information disclosed under this paragraph is confidential and may not be used for any other purpose. The commission may not disclose the information in any manner that would identify an employing unit or employee except to the extent necessary to carry out the commission’s duties under ORS 430.223 (Comprehensive addiction, prevention, treatment and recovery plan) . If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the commission.

(q) Disclose to any person establishment level information secured pursuant to this chapter from federal, state and local government agencies, public universities listed in ORS 352.002 (Public universities) or the Oregon Health and Science University established under ORS 353.020 (Oregon Health and Science University as public corporation) . If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the person requesting the information.

(r) Disclose to any person the industrial classification code assigned to an employing unit. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the person requesting the information.

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

(5) The Employment Department may make public all decisions of the Employment Appeals Board.

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

(7) Any person or any officer or employee of an entity to whom information is disclosed by the Employment Department under this section who divulges or uses the information for any purpose other than that specified in the provision of law or agreement authorizing the use or disclosure may be disqualified from performing any service under contract or disqualified from holding any appointment or employment with the state agency that engaged or employed that person, officer or employee. The Employment Department may immediately cancel or modify any information sharing agreement with an entity when a person or an officer or employee of that entity discloses confidential information, other than as specified in law or agreement. [Amended by 1969 c.450 §1; 1977 c.162 §1; 1977 c.797 §9; 1979 c.145 §1; 1979 c.267 §5a; 1981 c.705 §7; 1985 c.565 §89; 1985 c.661 §1; 1985 c.761 §24; 1989 c.519 §2; 1989 c.818 §5; 1989 c.870 §8; 1991 c.374 §2; 1993 c.18 §142; 1997 c.200 §1; 1997 c.249 §202; 1999 c.401 §3; 1999 c.849 §146; 2001 c.104 §251; 2003 c.75 §104; 2003 c.773 §§54,54a; 2003 c.794 §311; 2007 c.89 §1; 2007 c.576 §2; 2009 c.599 §24; 2009 c.830 §150; 2011 c.38 §1; 2011 c.637 §278; 2011 c.673 §40; 2013 c.747 §168; 2014 c.26 §§1,2; 2017 c.185 §18; 2017 c.297 §39; 2017 c.307 §2; 2017 c.561 §5; 2019 c.678 §68; 2021 c.539 §§143,143a; 2023 c.270 §2]

Source: Section 657.665 — Confidentiality of information , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 652.110 — OR Code / Title 51 / Chapter 652 / Section 652.110
652.110 Method of paying employees
Status: in_force

(1) A person engaged in any business or enterprise of any kind in this state may not issue, in payment of or as evidence of indebtedness for wages due an employee, any order, check, memorandum or other instrument of indebtedness unless the instrument is negotiable and payable without discount in cash on demand at some bank or other established place of business in the county where the employee lives or works and where a sufficient amount of funds have been provided and are or will be available for the payment of the instrument when due. The person shall, upon presentation and demand, pay the instrument in lawful money of the United States.

(2) This section does not in any way limit or interfere with the right of any employee to accept from any person, as an evidence or acknowledgment of indebtedness for wages due the employee, a negotiable instrument, payable at some future date with interest.

(3) An employer may pay wages without discount through direct deposit of wages due to an employee into the employee’s account in a financial institution, as defined in ORS 706.008 (Additional definitions for Bank Act) , in this state.

(4) An employer shall pay wages due to an employee by check upon the written or oral request of the employee.

(5) An employer and an employee may agree that the employer may pay wages through an automated teller machine card, payroll card or other means of electronic transfer if the employee may:

(a) Make an initial withdrawal of the entire amount of net pay without cost to the employee; or

(b) Choose to use another means of payment of wages that involves no cost to the employee.

(6) An agreement described in subsection (5) of this section must be made in the language that the employer principally uses to communicate with the employee.

(7) Intentionally left blank —Ed.

(a) Except as provided in paragraph (b) of this subsection, to revoke an agreement described in subsection (5) of this section, an employee shall give the employer a written notice of revocation of the agreement. Unless the employer and employee agree otherwise, the agreement is revoked 30 days after the date the notice is received by the employer.

(b) To revoke an agreement described in subsection (5) of this section, an employee who works for an employer as a seasonal farmworker as defined in ORS 652.145 (Payment of wages for seasonal farmworkers) or an employee who is employed in packing, canning, freezing or drying any variety of agricultural crops shall give the employer notice of revocation of the agreement either orally or in writing. Unless the employer and the employee agree otherwise, the agreement is revoked 10 days after the date the notice is received by the employer.

(8) Nothing in this section is intended to limit the rights of an employee or otherwise affect an employee covered by a collective bargaining agreement. [Amended by 1975 c.191 §1; 1999 c.59 §191; 2007 c.546 §1; 2013 c.380 §1]

Source: Section 652.110 — Method of paying employees; agreement on method of payment; revocation of agreement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 656.216 — OR Code / Title 51 / Chapter 656 / Section 656.216
656.216 Permanent partial disability
Status: in_force

(1) Compensation for permanent partial disability may be paid monthly at 4.35 times the rate per week as provided for compensation for temporary total disability at the time the determination is made. In no case shall such payments be less than $108.75 per month.

(2) If a worker, who is entitled to compensation for a permanent disability, has received compensation for a temporary disability by reason of the same injury, compensation for such permanent disability shall be in addition to the payments which the worker has received on account of such temporary disability. [Amended by 1967 c.529 §2; 1973 c.459 §1; 1974 c.41 §7]

Source: Section 656.216 — Permanent partial disability; method of payment; effect of prior receipt of temporary disability payments , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 657.155 — OR Code / Title 51 / Chapter 657 / Section 657.155
657.155 Benefit eligibility conditions
Status: in_force

(1) An unemployed individual shall be eligible to receive benefits with respect to any week only if the Director of the Employment Department finds that:

(a) The individual has registered for work at and thereafter has continued to report at an employment office in accordance with such rules as the director may prescribe. However, the director may, by rule, waive or alter either or both of the requirements of this subsection as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which the director finds that compliance with such requirements would be oppressive, or would be inconsistent with the purposes of this chapter; provided, that no such rule conflicts with ORS 657.255 (Method of payment of benefits) .

(b) The individual has made a claim for benefits with respect to such week in accordance with ORS 657.260 (Filing claims for benefits) .

(c) The individual is able to work, is available for work, and is actively seeking and unable to obtain suitable work. No individual participating in a community work and training program, as defined in ORS 411.855 (Definitions for ORS 411.855 to 411.870) , shall, solely by reason thereof, be unavailable for work within the meaning of this section.

(d) The individual has been unemployed for a waiting period of one week, unless the Governor has waived the required waiting period as provided in ORS 401.186 (Waiver of waiting period for unemployment benefits) .

(e) The individual is not disqualified from benefits or ineligible for benefits under any other section of this chapter.

(f) The individual is qualified for benefits under ORS 657.150 (Amount of benefits) .

(2) Intentionally left blank —Ed.

(a) An individual who leaves the individual’s normal labor market area for the major portion of any week is presumed to be unavailable for work within the meaning of this section.

(b) The presumption described in paragraph (a) of this subsection may be overcome if the individual establishes to the satisfaction of the director that the individual:

(A) Has conducted a bona fide search for work and has been reasonably accessible to suitable work in the labor market area in which the individual spent the major portion of the week to which the presumption applies; or

(B) Was required to be outside the individual’s normal labor market area to apply for suitable employment within the individual’s normal labor market.

(3) The director shall either promptly allow credit or pay benefits for any week for which benefits are claimed or promptly give notice of denial thereof in the manner provided in ORS 657.267 (Allowing or denying claim) and 657.268 (Filing information on issues not previously decided) . [Amended by 1955 c.655 §7; 1961 c.631 §8; 1967 c.130 §11; 1973 c.398 §1; 1977 c.295 §3; 1979 c.521 §1; 1993 c.778 §11; 2008 c.23 §3; 2015 c.103 §1]

Note: Section 4, chapter 23, Oregon Laws 2008, provides:

Sec. 4. Sections 1 and 2 [ 401.186 (Waiver of waiting period for unemployment benefits) ] of this 2008 Act and the amendments to ORS 657.155 (Benefit eligibility conditions) by section 3 of this 2008 Act become operative when federal law permits without penalty a waiver under section 2 of this 2008 Act of the one-week waiting period required by ORS 657.155 (Benefit eligibility conditions) . [2008 c.23 §4]

Source: Section 657.155 — Benefit eligibility conditions; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 659a.040 — OR Code / Title 51 / Chapter 659a / Section 659a.040
659A.040 Discrimination against worker applying for or inquiring about workers’ compensation benefits prohibited
Status: in_force

It is an unlawful employment practice for any person acting on behalf of an employer to discriminate against a worker with respect to hire or tenure or any term or condition of employment because the worker has:

(1) Applied for or inquired about benefits under ORS chapter 656;

(2) Invoked or utilized the procedures provided for in ORS chapter 656; or

(3) Given testimony under the provisions of ORS chapter 656. [2001 c.621 §32; 2022 c.6 §4]

Source: Section 659A.040 — Discrimination against worker applying for or inquiring about workers’ compensation benefits prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 657b.050 — OR Code / Title 51 / Chapter 657b / Section 657b.050
657B.050 Amount of benefits
Status: in_force

(1) The Director of the Employment Department shall set the weekly benefit amount of family and medical leave insurance benefits that a covered individual qualifies for as follows:

(a) If the eligible employee’s average weekly wage is equal to or less than 65 percent of the average weekly wage, the employee’s weekly benefit amount shall be 100 percent of the employee’s average weekly wage.

(b) If the eligible employee’s average weekly wage is greater than 65 percent of the average weekly wage, the employee’s weekly benefit amount is the sum of:

(A) 65 percent of the average weekly wage; and

(B) 50 percent of the employee’s average weekly wage that is greater than 65 percent of the average weekly wage.

(2) Notwithstanding subsection (1) of this section, the director shall establish:

(a) A maximum weekly benefit amount of 120 percent of the average weekly wage.

(b) A minimum weekly benefit amount of five percent of the average weekly wage.

(3) The director shall determine, based on the contribution amounts made by a self-employed individual, a tribal government or the employees of a tribal government under ORS 657B.150 (Contributions) , the amount of benefits payable to a self-employed individual or to an employee of a tribal government.

(4) Benefits are payable only to the extent that moneys are available in the Paid Family and Medical Leave Insurance Fund for that purpose. The state, any political subdivision of the state and any state agency are not liable for any amount in excess of this limit. [2019 c.700 §7]

Source: Section 657B.050 — Amount of benefits; limits on weekly benefit amount; extent to which benefits are payable , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657B.­html (accessed May 26, 2025).
ORS § 657.390 — OR Code / Title 51 / Chapter 657 / Section 657.390
657.390 Employer charged for benefits in same manner as for regular or extended benefits
Status: in_force

(1) A shared work employer shall be charged for shared work benefits in the manner provided in this chapter for charging employers for regular benefits or extended benefits.

(2) Notwithstanding subsection (1) of this section or any other provision of law to the contrary, a shared work employer may not be charged for any portion of shared work benefits paid with respect to which federal law:

(a) Permits the noncharging of benefits paid; and

(b) Provides for the funding of shared work benefits. [1982 s.s.1 c.2 §12; 1993 c.778 §2; 2013 c.704 §5; 2015 c.529 §3]

Source: Section 657.390 — Employer charged for benefits in same manner as for regular or extended benefits; limitations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 657.268 — OR Code / Title 51 / Chapter 657 / Section 657.268
657.268 Filing information on issues not previously decided
Status: in_force

When a base-year employer files information in writing with the Director of the Employment Department within 10 days of its knowledge of an occurrence raising any issue not previously decided based upon specific investigation, an authorized representative shall promptly reexamine the subject claim for waiting week credit or for benefits. On the basis of the facts available, the authorized representative shall promptly make a decision. Written notice stating the reasons for the decision shall be given to both the claimant and the base-year employer that has filed such information. [1993 c.778 §8]

Source: Section 657.268 — Filing information on issues not previously decided; claim reexamination; notice of reasons for decision , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 658.174 — OR Code / Title 51 / Chapter 658 / Section 658.174
658.174 Contracts in violation of law prohibited
Status: in_force

No employment agency shall knowingly issue a contract for employment containing any term or condition that, if complied with, would be in violation of law, or attempt to fill an order for help to be employed in violation of law. [1973 c.678 §7b]

Source: Section 658.174 — Contracts in violation of law prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors658.­html (accessed May 26, 2025).
ORS § 657.215 — OR Code / Title 51 / Chapter 657 / Section 657.215
657.215 Disqualification for misrepresentation
Status: in_force

An individual is disqualified for benefits for a period not to exceed 52 weeks whenever the Director of the Employment Department finds that the individual has willfully made a false statement or misrepresentation, or willfully failed to report a material fact, to obtain any benefits under this chapter. The length of the period of disqualification and the time when the period begins shall be determined by the director in the discretion of the director, according to the circumstances in each case. During each week of disqualification so imposed, an individual must meet all the eligibility requirements of this chapter. Any disqualification imposed under this section may be applied to any week claimed but remaining unpaid on the date of the disqualifying decision under this section but not to exceed five years from the date of the decision. The director may cancel the disqualification wholly or in part as the director deems proper and equitable. [Amended by 1977 c.295 §5; 2007 c.87 §1]

Source: Section 657.215 — Disqualification for misrepresentation , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 657b.090 — OR Code / Title 51 / Chapter 657b / Section 657b.090
657B.090 Claim for benefits
Status: in_force

(1) Family and medical leave insurance benefits are not payable to a covered individual unless:

(a) The individual submits a claim to the Director of the Employment Department in the manner determined by the director by rule; and

(b) The director has made a decision to allow or deny the claim under ORS 657B.100 (Allowing or denying claim) .

(2) If the director has made a decision to allow the claim, the director shall make a reasonable effort to issue the first payment of benefits to a covered individual within two weeks after receiving the claim.

(3) Intentionally left blank —Ed.

(a) Benefits may be claimed for leave that is taken by a covered individual in increments that are equivalent to one work day or one work week as those terms are defined by the director by rule.

(b) If a covered individual takes leave in increments that are equivalent to one work day, benefits may be claimed for leave that occurs in nonconsecutive periods of leave.

(4) Benefit amounts, as determined under ORS 657B.050 (Amount of benefits) :

(a) Must be prorated to increments that are equivalent to one work day; and

(b) Must be paid in increments that are equivalent to one work week. [2019 c.700 §12; 2023 c.292 §3]

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

Source: Section 657B.090 — Claim for benefits; leave increment requirements , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657B.­html (accessed May 26, 2025).
ORS § 657.646 — OR Code / Title 51 / Chapter 657 / Section 657.646
657.646 Use of warrant to collect amount of judgment
Status: in_force

In any case in which a judgment is rendered in favor of the Employment Department for amounts due under this chapter, the Director of the Employment Department may issue a warrant to collect the amount of the judgment. [2005 c.336 §2]

Source: Section 657.646 — Use of warrant to collect amount of judgment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 653.606 — OR Code / Title 51 / Chapter 653 / Section 653.606
653.606 Employee count
Status: in_force

(1) Intentionally left blank —Ed.

(a) Employers that employ at least 10 employees working anywhere in this state shall implement a sick time policy that allows an employee to accrue at least one hour of paid sick time for every 30 hours the employee works or 1-1/3 hours for every 40 hours the employee works. Employers may limit the number of hours of paid sick time that employees may accrue to 40 hours per year.

(b) Employers that employ fewer than 10 employees working anywhere in this state shall implement a sick time policy that allows an employee to accrue at least one hour of unpaid sick time for every 30 hours the employee works or 1-1/3 hours for every 40 hours the employee works. Employers may limit the number of hours of unpaid sick time that employees may accrue to 40 hours per year.

(c) Employers that employ at least 10 employees working anywhere in this state and front-load for employees at least 40 hours of paid sick time or paid time off at the beginning of each year used to calculate the accrual and usage of sick time or time off need not comply with subsections (1)(a) and (3) of this section.

(d) Employers that employ fewer than 10 employees working anywhere in this state and front-load for employees at least 40 hours of unpaid sick time or unpaid time off at the beginning of each year used to calculate the accrual and usage of sick time or time off need not comply with subsections (1)(b) and (3) of this section.

(2) Intentionally left blank —Ed.

(a) The number of employees employed by an employer shall be ascertained by determining that the per-day average number of employees is 10 or greater for each of 20 workweeks in the calendar year or the fiscal year of the employer immediately preceding the year in which the leave is to be taken.

(b) If the business of the employer was not in existence for the entire year preceding the determination made under paragraph (a) of this subsection, the number of employees shall be based on any 20 workweeks preceding the request for sick time, which may include workweeks in the current year, the preceding year or a combination of workweeks in the current year and the preceding year.

(c) As used in this subsection, “employee” does not include an individual or the parent, spouse or child of an individual who is:

(A) A director of a corporation who has a substantial ownership interest in the corporation;

(B) A member of a limited liability company who has:

(i) A right to vote on or consent to any matter submitted to a vote or requiring the consent of the members of the limited liability company; and

(ii) A substantial ownership interest in the limited liability company;

(C) A partner of a limited liability partnership who has a substantial ownership interest in the limited liability partnership; or

(D) A sole proprietor of a business.

(d) As used in paragraph (c) of this subsection, “substantial ownership interest” means a percentage of ownership equal to or greater than the average percentage of ownership of all owners, but not less than 15 percent.

(3) An employee shall begin to earn and accrue sick time on the first day of employment with an employer. The employee may carry over up to 40 hours of unused sick time from one year to a subsequent year. However, an employer:

(a) May adopt a policy that limits an employee to accruing no more than 80 total hours of sick time; and

(b) May adopt a policy that limits an employee to using no more than 40 hours of sick time in a year.

(4) Intentionally left blank —Ed.

(a) An employer is not required to carry over unused sick time if, by mutual consent, the employer and an employee agree that:

(A) If the employer has 10 or more employees working anywhere in this state, the employee will be paid for all unused paid sick time at the end of the year in which the sick time is accrued and the employer will credit the employee with an amount of paid sick time that meets the requirements of this section on the first day of the immediately subsequent year; or

(B) If the employer has fewer than 10 employees working anywhere in this state, the employer will credit the employee with an amount of sick time that meets the requirements of this section on the first day of the immediately subsequent year.

(b) The Commissioner of the Bureau of Labor and Industries shall adopt rules for the determination of the number of employees employed by an employer.

(5) Intentionally left blank —Ed.

(a) An employee is eligible to use sick time beginning on the 91st calendar day of employment with the employer and may use sick time as it is accrued.

(b) An employer may authorize an employee to use accrued sick time prior to the 91st calendar day of employment.

(c) Intentionally left blank —Ed.

(A) An employer that employs 10 or more employees working anywhere in this state shall pay an employee for accrued sick time used at the regular rate of pay of the employee.

(B) For an employee who is paid on a commission or piece-rate basis by an employer that employs 10 or more employees working anywhere in this state, the employer shall pay the employee for accrued sick time used at a rate equal to at least the minimum wage specified in ORS 653.025 (Minimum wage rate) .

(C) For an employee who is paid an hourly, weekly or monthly wage and is also paid on a piece-rate or commission basis by an employer that employs 10 or more employees working anywhere in this state, the employer shall pay the employee for accrued sick time used at a rate equivalent to the employee’s hourly, weekly or monthly wage or equal to the minimum wage specified in ORS 653.025 (Minimum wage rate) , whichever is greater.

(6) An employee who is exempt from overtime requirements under 29 U.S.C. 213(a)(1) of the federal Fair Labor Standards Act of 1938 is presumed to work 40 hours in each workweek for the purpose of accrual of sick time unless the actual workweek of the employee is less than 40 hours, in which case sick time accrues based on the actual workweek of the employee.

(7) Nothing in ORS 653.601 (Definitions for ORS 653.601 to 653.661) to 653.661 (Preemption) requires an employer to compensate an employee for accrued unused sick time upon the employee’s termination, resignation, retirement or other separation from employment.

(8) An employer may not require an employee to:

(a) Search for or find a replacement worker as a condition of the employee’s use of accrued sick time; or

(b) Work an alternate shift to make up for the use of sick time.

(9) Upon mutual consent by the employee and the employer, an employee may work additional hours or shifts to compensate for hours or shifts during which the employee was absent from work without using accrued sick time for the hours or shifts missed. However, the employer may not require the employee to work additional hours or shifts authorized by this subsection. If the employee works additional hours or shifts, the employer must comply with any applicable federal, state or local laws regarding overtime pay.

(10) An employee retains accrued sick time if the employer sells, transfers or otherwise assigns the business or an interest in the business to another employer.

(11) Intentionally left blank —Ed.

(a) An employer shall restore previously accrued unused sick time to an employee who is reemployed by that employer within 180 days of separation from employment with the employer.

(b) If an employee leaves employment with an employer before the 91st day of employment and subsequently is reemployed by that employer within 180 days of separation from employment, the employer shall restore the accrued sick time balance the employee had when the employee left the employment of the employer and the employee may use accrued sick time after the combined total of days of employment with the employer exceeds 90 calendar days.

(12) If an employee is transferred to a separate division, entity or location of the employer but remains employed by that same employer, the employee is entitled to use all sick time accrued while working at the former division, entity or location of the employer and is entitled to retain or use all sick time as provided by ORS 653.601 (Definitions for ORS 653.601 to 653.661) to 653.661 (Preemption) .

(13) Employers located in a city with a population exceeding 500,000 shall comply with ORS 653.601 (Definitions for ORS 653.601 to 653.661) to 653.661 (Preemption) , except that:

(a) If an employer located in a city with a population exceeding 500,000 employs at least six employees working anywhere in this state, the employer shall implement a policy consistent with this section as it applies to employers with at least 10 employees working anywhere in this state.

(b) If an employer located in a city with a population exceeding 500,000 employs fewer than six employees working anywhere in this state, the employer shall implement a policy consistent with this section as it applies to employers with fewer than 10 employees working anywhere in this state. [2015 c.537 §3; 2017 c.520 §2]

Source: Section 653.606 — Employee count; paid and unpaid sick time; rules; accrual, use and carryover amounts , https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html (accessed May 26, 2025).
ORS § 663.285 — OR Code / Title 51 / Chapter 663 / Section 663.285
663.285 Method of serving process of board
Status: in_force

(1) Complaints, orders, and other process and papers of the Employment Relations Board or its designated agent issued under this chapter may be served personally, by registered or certified mail, by telegraph or by leaving a copy thereof at the principal office or place of business of the person required to be served. The verified return by the individual so serving setting forth the manner of service is proof of service. The return post-office receipt or telegraph receipt therefor, when registered and mailed or telegraphed, is proof of service.

(2) Witnesses summoned before the board or its designated agent under this chapter shall be paid the fees and mileage provided for witnesses in ORS 44.415 (Fees and mileage of witnesses) (2). Witnesses whose depositions are taken and the persons taking the same are severally entitled to the same fees as are paid for like services in the courts of this state. [1971 c.729 §41; 1975 c.147 §20; 1989 c.980 §18]

Source: Section 663.285 — Method of serving process of board; fees for witnesses summoned by board , https://www.­oregonlegislature.­gov/bills_laws/ors/ors663.­html (accessed May 26, 2025).
ORS § 657.267 — OR Code / Title 51 / Chapter 657 / Section 657.267
657.267 Allowing or denying claim
Status: in_force

(1) An authorized representative shall promptly examine each claim for waiting week credit or for benefits and, on the basis of the facts available, make a decision to allow or deny the claim. Information furnished by the claimant, the employer or the employer’s agents on forms provided by the Employment Department pursuant to the authorized representative’s examination must be accompanied by a signed statement that such information is true and correct to the best of the individual’s knowledge. Notice of the decision need not be given to the claimant if the claim is allowed but, if the claim is denied, written notice must be given to the claimant. If the claim is denied, the written notice must include a statement of the reasons for denial, and if the claim is denied under any provision of ORS 657.176 (Grounds and procedure for disqualification) , the notice must also set forth the specific material facts obtained from the employer and the employer’s agents that are used by the authorized representative to support the reasons of the denial. The written notice must state the reasons for the decision.

(2) If the claim is denied under any provision of ORS 657.176 (Grounds and procedure for disqualification) , written notice of the decision must be given to the employing unit, or to the agent of the employing unit, that, in the opinion of the Director of the Employment Department, is most directly involved with the facts and circumstances relating to the disqualification.

(3) Notice of a decision that was wholly or partially based on information filed with the director in writing within 10 days after the notice provided for in ORS 657.265 (Notice of claim filing to employing unit or agent of employing unit) must be given to any employing unit or agent of the employing unit that filed the information.

(4) If a decision to allow payment made pursuant to this section does not require notice, that decision may be amended by an authorized representative. The amendment must be made by written notice informing the recipient of the right of appeal pursuant to ORS 657.269 (Decision final unless hearing requested) . The amendment must be issued within one year of the original decision to allow payment, except in cases of alleged willful misrepresentation or fraud. A decision requiring notice, made pursuant to this section, may be amended unless it has become a final decision under ORS 657.269 (Decision final unless hearing requested) . [1993 c.778 §7; 1997 c.59 §1; 2011 c.22 §2]

Source: Section 657.267 — Allowing or denying claim; notice of denial; amended decision; appeal , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 654.325 — OR Code / Title 51 / Chapter 654 / Section 654.325
654.325 Who may prosecute damage action for death
Status: in_force

If there is any loss of life by reason of violations of ORS 654.305 (Protection and safety of persons in hazardous employment generally) to 654.336 (Comparative negligence) by any owner, contractor or subcontractor or any person liable under ORS 654.305 (Protection and safety of persons in hazardous employment generally) to 654.336 (Comparative negligence) , the surviving spouse and children and adopted children of the person so killed and, if none, then the lineal heirs of that person and, if none, then the mother or father, as the case may be, shall have a right of action without any limit as to the amount of damages which may be awarded. If none of the persons entitled to maintain such action reside within the state, the executor or administrator of the deceased person may maintain such action for their respective benefits and in the order above named.

Source: Section 654.325 — Who may prosecute damage action for death; damages unlimited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors654.­html (accessed May 26, 2025).
ORS § 661.230 — OR Code / Title 51 / Chapter 661 / Section 661.230
661.230 Registration of union label
Status: in_force

(1) A person, association or union that uses a label, trademark, term, design, device or form of advertisement for the purpose described in ORS 661.210 (Counterfeiting of union label and possession or sale thereof prohibited) may file an application to register the label, trademark, term, design, device or form of advertisement with the Secretary of State in accordance with the requirements, procedures and policies set forth for registering marks under ORS 647.015 (Application for registration) . The Secretary of State shall evaluate the application as provided in ORS 647.029 (Examination of application by Secretary of State) and 647.035 (Marks ineligible for registration) , shall determine whether the label, trademark, term, design, device or form of advertisement is in use as provided in ORS 647.017 (When mark is in use) and may issue a certificate of registration for the label, trademark, term, design, device or form of advertisement as provided in ORS 647.045 (Certificate of registration) .

(2) A certificate of registration that the Secretary of State issues under this section is:

(a) Effective for the term set forth in ORS 647.055 (Period of registration) ;

(b) Subject to renewal as provided in ORS 647.055 (Period of registration) ; and

(c) Subject to cancellation as provided in ORS 647.075 (Cancellation of registrations) .

(3) For registrations under this section, the Secretary of State shall collect fees as provided in ORS 647.009 (Filing, service, copying and certification fees) .

(4) For the purpose of proving in an action or proceeding in a court in this state that a person, association or union registered a label, trademark, term, design, device or form of advertisement under this section, a certificate of registration that the Secretary of State issues for a label, trademark, term, design, device or form of advertisement has the same effect as a certificate of registration that the Secretary of State issues for marks under ORS 647.045 (Certificate of registration) .

(5) A person must bring an action to compel or to cancel a registration for a label, trademark, term, design, device or form of advertisement in accordance with the procedures set forth in ORS 647.077 (Action to cancel mark or compel registration) for actions to compel or cancel registrations for marks. [Amended by 1991 c.132 §29; 2015 c.277 §10]

Source: Section 661.230 — Registration of union label; actions to compel or cancel registration , https://www.­oregonlegislature.­gov/bills_laws/ors/ors661.­html (accessed May 26, 2025).
ORS § 656.278 — OR Code / Title 51 / Chapter 656 / Section 656.278
656.278 Board has continuing authority to alter earlier action on claim
Status: in_force

(1) Except as provided in subsection (7) of this section, the power and jurisdiction of the Workers’ Compensation Board shall be continuing, and it may, upon its own motion, from time to time modify, change or terminate former findings, orders or awards if in its opinion such action is justified in those cases in which:

(a) There is a worsening of a compensable injury that results in the inability of the worker to work and requires hospitalization or inpatient or outpatient surgery, or other curative treatment prescribed in lieu of hospitalization that is necessary to enable the injured worker to return to work. In such cases, the payment of temporary disability compensation in accordance with ORS 656.210 (Temporary total disability) , 656.212 (Temporary partial disability) (2) and 656.262 (Processing of claims and payment of compensation) (4) may be provided from the time the attending physician authorizes temporary disability compensation for the hospitalization, surgery or other curative treatment until the worker’s condition becomes medically stationary;

(b) The worker submits and obtains acceptance of a claim for a compensable new medical condition or an omitted medical condition pursuant to ORS 656.267 (Claims for new and omitted medical conditions) and the claim is initiated after the rights under ORS 656.273 (Aggravation for worsened conditions) have expired. In such cases, the payment of temporary disability compensation in accordance with the provisions of ORS 656.210 (Temporary total disability) , 656.212 (Temporary partial disability) (2) and 656.262 (Processing of claims and payment of compensation) (4) may be provided from the time the attending physician authorizes temporary disability compensation for the hospitalization, surgery or other curative treatment until the worker’s condition becomes medically stationary, and the payment of permanent disability benefits may be provided after application of the standards for the evaluation and determination of disability as may be adopted by the Director of the Department of Consumer and Business Services pursuant to ORS 656.726 (Duties and powers to carry out workers’ compensation and occupational safety laws) ; or

(c) The date of injury is earlier than January 1, 1966. In such cases, in addition to the payment of temporary disability compensation, the payment of medical benefits may be provided.

(2) Benefits provided under subsection (1) of this section:

(a) Do not include vocational assistance benefits under ORS 656.340 (Vocational assistance procedure) ;

(b) Do not include temporary disability compensation for periods of time during which the claimant did not qualify as a “worker” pursuant to ORS 656.005 (Definitions) (28);

(c) Do not include medical services provided pursuant to ORS 656.245 (Medical services to be provided) except as provided under subsection (1)(c) of this section; and

(d) May include permanent disability benefits for additional impairment to an injured body part that has previously been the basis of a permanent partial disability award, but only to the extent that the permanent partial disability rating exceeds the permanent partial disability rated by the prior award or awards.

(3) An order or award made by the board during the time within which the claimant has the right to request a hearing on aggravation under ORS 656.273 (Aggravation for worsened conditions) is not an order or award, as the case may be, made by the board on its own motion.

(4) Pursuant to ORS 656.298 (Judicial review of board orders) , any party may appeal an order or award made by the board on its own motion.

(5) The insurer or self-insured employer may voluntarily reopen any claim to provide benefits allowable under this section or to grant additional medical or hospital care to the claimant. The board shall establish procedures for the resolution of disputes arising out of a voluntary reopening of a claim under this section.

(6) Any claim reopened under this section shall be closed by the insurer or self-insured employer in a manner prescribed by the board, including, when appropriate, an award of permanent disability benefits as determined under subsections (1)(b) and (2)(d) of this section. The board shall also prescribe a process to be followed if the worker objects to the claim closure.

(7) The provisions of this section do not authorize the board, on its own motion, to modify, change or terminate former findings or orders:

(a) That a claimant incurred no injury or incurred a noncompensable injury; or

(b) Approving disposition of a claim under ORS 656.236 (Compromise and release of claim matters except for medical benefits) or 656.289 (Orders of Administrative Law Judge) (4). [Amended by 1955 c.718 §1; 1957 c.559 §1; 1965 c.285 §33; 1981 c.535 §32; 1985 c.212 §6; 1987 c.884 §37; 1990 c.2 §19; 1995 c.332 §33; 2001 c.865 §11; 2005 c.188 §2; 2021 c.257 §3]

Source: Section 656.278 — Board has continuing authority to alter earlier action on claim; limitations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 656.206 — OR Code / Title 51 / Chapter 656 / Section 656.206
656.206 Permanent total disability
Status: in_force

(1) As used in this section:

(a) “Essential functions” means the primary tasks associated with the job.

(b) “Materially improved medically” means an actual change for the better in the worker’s medical condition that is supported by objective findings.

(c) “Materially improved vocationally” means an actual change for the better in the:

(A) Worker’s vocational capability; or

(B) Likelihood that the worker can return to work in a gainful and suitable occupation.

(d) “Permanent total disability” means, notwithstanding ORS 656.225 (Compensability of certain preexisting conditions) , the loss, including preexisting disability, of use or function of any portion of the body which permanently incapacitates the worker from regularly performing work at a gainful and suitable occupation.

(e) “Regularly performing work” means the ability of the worker to discharge the essential functions of the job.

(f) “Suitable occupation” means one that the worker has the ability and the training or experience to perform, or an occupation that the worker is able to perform after rehabilitation.

(g) “Wages” means wages as determined under ORS 656.210 (Temporary total disability) .

(2) If permanent total disability results from a worker’s injury, the worker shall receive during the period of that disability compensation benefits equal to 66-2/3 percent of wages, no more than 133 percent of the average weekly wage or no less than 33 percent of the average weekly wage.

(3) A worker has the burden of proving permanent total disability status and must establish that the worker is willing to seek regular gainful employment and that the worker has made reasonable efforts to obtain such employment.

(4) When requested by the Director of the Department of Consumer and Business Services, a worker who receives permanent total disability benefits shall file on a form provided by the director, a sworn statement of the worker’s gross annual income for the preceding year along with such other information as the director considers necessary to determine whether the worker regularly performs work at a gainful and suitable occupation.

(5) Each insurer shall reexamine periodically each permanent total disability claim for which the insurer has current payment responsibility to determine whether the worker has materially improved, either medically or vocationally, and is no longer permanently incapacitated from regularly performing work at a gainful and suitable occupation. Reexamination must be conducted every two years or at such other more frequent interval as the director may prescribe. Reexamination must include such medical examinations, vocational evaluations, reports and other records as the insurer considers necessary or the director may require.

(6) Intentionally left blank —Ed.

(a) If a worker receiving permanent total disability benefits is found to be materially improved and capable of regularly performing work at a gainful and suitable occupation, the insurer or self-insured employer shall issue a notice of closure pursuant to ORS 656.268 (Claim closure) . Permanent total disability benefits shall be paid through the date of the notice of closure. Notwithstanding ORS 656.268 (Claim closure) (5), if a worker objects to a notice of closure issued under this subsection, the worker shall request a hearing. If the worker requests a hearing on the notice of closure before the Hearings Division of the Workers’ Compensation Board within 30 days of the date of the notice of closure, the insurer or self-insured employer shall continue payment of permanent total disability benefits until an order of the Hearings Division or a subsequent order affirms the notice of closure or until another order that terminates the worker’s benefits becomes final. If the worker requests a hearing on the notice of closure more than 30 days from the date of the notice of closure but before the 60-day period for requesting a hearing expires, the insurer or self-insured employer shall resume paying permanent total disability benefits from the date the hearing is requested and shall continue payment of benefits until an order of the Hearings Division or a subsequent order affirms the notice of closure or until another order that terminates the worker’s benefits becomes final. If the notice of closure is upheld by the Hearings Division, the insurer or self-insured employer must be reimbursed from the Workers’ Benefit Fund for the amount of permanent total disability benefits paid after the date of the notice of closure issued under this subsection.

(b) An insurer or self-insured employer must establish that the condition of a worker who is receiving permanent total disability benefits has materially improved by a preponderance of the evidence presented at hearing.

(c) Medical examinations or vocational evaluations used to support the issuance of a notice of closure under this subsection must include at least one report in which the author personally observed the worker.

(d) Notwithstanding section 54 (3), chapter 2, Oregon Laws 1990, the Hearings Division of the Workers’ Compensation Board may request the director to order a medical arbiter examination of an injured worker who has requested a hearing under this subsection.

(7) A worker who has had permanent total disability benefits terminated under this section by an order that has become final is eligible for vocational assistance pursuant to ORS 656.340 (Vocational assistance procedure) . Notwithstanding ORS 656.268 (Claim closure) (10), if a worker has enrolled in and is actively engaged in a training program, when vocational assistance provided under this section ends or the worker ceases to be enrolled and actively engaged in the training program, the insurer or the self-insured employer shall determine the extent of disability pursuant to ORS 656.214 (Permanent partial disability) .

(8) A worker receiving permanent total disability benefits is required, if requested by the director, the insurer or the self-insured employer, to submit to a vocational evaluation at a time reasonably convenient to the worker as may be provided by the rules of the director. No more than three evaluations may be requested except after notification to and authorization by the director. If the worker refuses to submit to or obstructs a vocational evaluation, the rights of the worker to compensation must be suspended with the consent of the director until the evaluation has taken place, and no compensation is payable for the period during which the worker refused to submit to or obstructed the evaluation. The insurer or self-insured employer shall pay the costs of the evaluation and related services that are reasonably necessary to allow the worker to attend the evaluation requested under this subsection. As used in this subsection, “related services” includes, but is not limited to, wages, child care, travel, meals and lodging.

(9) Notwithstanding any other provisions of this chapter, if a worker receiving permanent total disability incurs a new compensable injury, the worker’s entitlement to compensation for the new injury shall be limited to medical benefits pursuant to ORS 656.245 (Medical services to be provided) and permanent partial disability benefits for impairment, as determined in the manner set forth in ORS 656.214 (Permanent partial disability) (2).

(10) When a worker eligible for benefits under this section returns to work, if the combined total of the worker’s post-injury wages plus permanent total disability benefit exceeds the worker’s wage at the time of injury, the worker’s permanent total disability benefit must be reduced by the amount the worker’s wages plus statutory permanent total disability benefit exceeds the worker’s wage at injury.

(11) For purposes of this section:

(a) A gainful occupation for workers with a date of injury prior to January 1, 2006, who were:

(A) Employed continuously for 52 weeks prior to the injury, is an occupation that provides weekly wages that are the lesser of the most recent federal poverty guidelines for a family of three that are applicable to Oregon residents and that are published annually in the Federal Register by the United States Department of Health and Human Services or 66-2/3 percent of the worker’s average weekly wages from all employment for the 52 weeks prior to the date of injury.

(B) Not employed continuously for the 52 weeks prior to the date of injury, but who were employed for at least four weeks prior to the date of injury, is an occupation that provides weekly wages that are the lesser of the most recent federal poverty guidelines for a family of three that are applicable to Oregon residents and that are published annually in the Federal Register by the United States Department of Health and Human Services or 66-2/3 percent of the worker’s average weekly wage from all employment for the 52 weeks prior to the date of injury based on weeks of actual employment, excluding any extended periods of unemployment.

(C) Employed for less than four weeks prior to the date of injury with no other employment during the 52 weeks prior to the date of injury, is an occupation that provides weekly wages that are the lesser of the most recent federal poverty guidelines for a family of three that are applicable to Oregon residents and that are published annually in the Federal Register by the United States Department of Health and Human Services or 66-2/3 percent of the average weekly wages intended by the parties at the time of initial hire.

(b) A gainful occupation for workers with a date of injury on or after January 1, 2006, who were:

(A) Employed continuously for 52 weeks prior to the injury, is an occupation that provides weekly wages that are the lesser of the most recent federal poverty guidelines for a family of three that are applicable to Oregon residents and that are published annually in the Federal Register by the United States Department of Health and Human Services or 66-2/3 percent of the worker’s average weekly wages from all employment for the 52 weeks prior to the date of injury adjusted by the percentage of change in the applicable federal poverty guidelines for a family of three from the date of injury to the date of evaluation of the extent of the worker’s disability.

(B) Not employed continuously for the 52 weeks prior to the date of injury, but who were employed for at least four weeks prior to the date of injury, is an occupation that provides weekly wages that are the lesser of the most recent federal poverty guidelines for a family of three that are applicable to Oregon residents and that are published annually in the Federal Register by the United States Department of Health and Human Services or 66-2/3 percent of the worker’s average weekly wage from all employment for the 52 weeks prior to the date of injury based on weeks of actual employment, excluding any extended periods of unemployment and as adjusted by the percentage of change in the applicable federal poverty guidelines for a family of three from the date of injury to the date of evaluation of the extent of the worker’s disability.

(C) Employed for less than four weeks prior to the date of injury with no other employment during the 52 weeks prior to the date of injury, is an occupation that provides weekly wages that are the lesser of the most recent federal poverty guidelines for a family of three that are applicable to Oregon residents and that are published annually in the Federal Register by the United States Department of Health and Human Services or 66-2/3 percent of the average weekly wages intended by the parties at the time of initial hire adjusted by the percentage of change in the applicable federal poverty guidelines for a family of three from the date of injury to the date of evaluation of the extent of the worker’s disability. [Amended by 1953 c.670 §4; 1955 c.553 §1; 1957 c.452 §1; 1959 c.517 §1; 1965 c.285 §22a; 1969 c.500 §2; 1973 c.614 §2; 1974 c.41 §5; 1975 c.506 §1; 1977 c.430 §1; 1981 c.874 §12; 1983 c.816 §3; 1995 c.332 §14; 1999 c.313 §13; 1999 c.927 §3; 2003 c.657 §§5,6; 2005 c.461 §§1,2; 2007 c.274 §3; 2011 c.99 §2; 2017 c.70 §1]

Source: Section 656.206 — Permanent total disability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 656.202 — OR Code / Title 51 / Chapter 656 / Section 656.202
656.202 Compensation payable to subject worker in accordance with law in effect at time of injury
Status: in_force

(1) If any subject worker sustains a compensable injury, the worker or the beneficiaries of the worker, if the injury results in death, shall receive compensation as provided in this chapter, regardless of whether the worker was employed by a complying or noncomplying employer.

(2) Except as otherwise provided by law, payment of benefits for injuries or deaths under this chapter shall be continued as authorized, and in the amounts provided for, by the law in force at the time the injury giving rise to the right to compensation occurred.

(3) When compensation is paid to a claimant or other payment is made to the provider of service pursuant to this chapter, the insurer or self-insured employer shall notify the payment recipient in writing of the specific purpose of the payment. When applicable, the notice shall indicate the time period for which the payment is made and the reimbursable expenses or other bills and charges covered. If any portion of the claim is denied, the notice shall identify that portion of the claimed amounts that is not being paid.

(4) Notwithstanding subsections (1) to (3) of this section, the amendments to ORS 656.325 (Required medical examination) by section 4, chapter 723, Oregon Laws 1981, and ORS 656.335 (1993 Edition) apply to all workers regardless of the date of injury.

(5) This section does not apply to vocational assistance benefits.

(6) Notwithstanding subsection (2) of this section, the increase in benefits to the surviving spouse of an injured worker made by the amendment to ORS 656.204 (Death) (2)(c) (1993 Edition) by section 1, chapter 108, Oregon Laws 1985, applies to a surviving spouse who remarries after September 20, 1985, regardless of the date of injury or death of the worker.

(7) Notwithstanding subsection (2) of this section, the increase in benefits to the surviving spouse of an injured worker made by the amendments to ORS 656.204 (Death) (3)(a) and (b) (1997 Edition) by section 2, chapter 927, Oregon Laws 1999, applies to a surviving spouse who remarries on or after October 23, 1999, regardless of the date of injury or death of the worker. [Amended by 1953 c.669 §4; 1953 c.670 §4; 1957 c.718 §3; 1959 c.450 §1; 1965 c.285 §21; 1977 c.430 §6; 1981 c.770 §1; subsection (4) enacted as 1981 c.723 §8; 1985 c.108 §3; 1985 c.600 §6; 1985 c.706 §6; 1985 c.770 §6; 1995 c.332 §12; 1999 c.927 §1]

Source: Section 656.202 — Compensation payable to subject worker in accordance with law in effect at time of injury; exceptions; notice regarding payment , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 659a.357 — OR Code / Title 51 / Chapter 659a / Section 659a.357
659A.357 Restricting salary history inquiries
Status: in_force

It is an unlawful practice under ORS chapter 659A for an employer or prospective employer to seek the salary history of an applicant or employee from the applicant or employee or a current or former employer of the applicant or employee. This section is not intended to prevent an employer from requesting from a prospective employee written authorization to confirm prior compensation after the employer makes an offer of employment to the prospective employee that includes an amount of compensation. [2017 c.197 §4]

Note: 659A.357 (Restricting salary history inquiries) 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.357 — Restricting salary history inquiries , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 651.190 — OR Code / Title 51 / Chapter 651 / Section 651.190
651.190 Demographic data collection reporting requirements for hospitals
Status: in_force

(1) As used in this section:

(a) “Hospital” has the meaning given that term in ORS 442.015 (Definitions) .

(b) “Report” means any report or survey showing the demographics of an employer’s workforce by race, ethnicity, sex and job categories, that is required by:

(A) The United States Equal Employment Opportunity Commission in accordance with 42 U.S.C. 2000e-8(c); or

(B) The United States Department of Education in accordance with 20 U.S.C. 1094.

(2) No later than 90 days after a hospital’s annual report is due to the United States Equal Employment Opportunity Commission or the United States Department of Education, the hospital shall file a copy of the hospital’s report with the Commissioner of the Bureau of Labor and Industries.

(3) The commissioner shall post the reports submitted under subsection (2) of this section to the website of the Bureau of Labor and Industries.

(4) The Oregon Health Authority shall annually provide to the commissioner a list of all hospitals required to file a report.

(5) If the commissioner determines that a hospital has failed to file a report as required by this section, the commissioner may assess a civil penalty in an amount prescribed by ORS 651.195 (Civil penalties) .

(6) The commissioner may extend the deadline for filing reports under subsection (2) of this section if the extension is requested prior to the deadline.

(7) The commissioner shall prescribe by rule:

(a) The form and manner for filing reports under subsection (2) of this section; and

(b) The procedure for extending the deadline for filing reports under subsection (6) of this section. [2023 c.421 §1]

Note: 651.190 (Demographic data collection reporting requirements for hospitals) and 651.195 (Civil penalties) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 651 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 651.190 — Demographic data collection reporting requirements for hospitals; list of hospitals required to report; civil penalty; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors651.­html (accessed May 26, 2025).
ORS § 657.560 — OR Code / Title 51 / Chapter 657 / Section 657.560
657.560 Joining director in actions involving title of property subject to director’s lien
Status: in_force

The Director of the Employment Department may be made a party to any suit or action involving the title to real or personal property against which the director has or may claim a lien under this chapter.

Source: Section 657.560 — Joining director in actions involving title of property subject to director’s lien , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 657.310 — OR Code / Title 51 / Chapter 657 / Section 657.310
657.310 Repayment or deduction of benefits paid due to misrepresentation by recipient
Status: in_force

(1) Intentionally left blank —Ed.

(a) If the Director of the Employment Department decides that an individual received any benefits under this chapter to which the individual is not entitled because the individual, regardless of the individual’s knowledge or intent, made or caused to be made a false statement or misrepresentation of a material fact, or failed to disclose a material fact, the individual is liable:

(A) To repay the amount of the benefits to the director for the Unemployment Compensation Trust Fund; or

(B) To have the amount of the benefits deducted from any future benefits otherwise payable to the individual under this chapter.

(b) For purposes of paragraph (a)(B) of this subsection, the director may deduct all or any part of the individual’s future weekly benefits.

(c) Except as provided in subsection (2)(b) of this section, benefits described in paragraph (a) of this subsection may be collected for any week or weeks within five years following the week in which the decision establishing the erroneous payment became final.

(d) Notice provided to an individual of the individual’s liability for recovery of benefits under this section must include a description of:

(A) The basis for the director’s decision that benefits have been overpaid; and

(B) The consequences of the overpayment, including the methods of recovery of the overpaid amount, with interest and penalties, and the possibility of waiver under ORS 657.317 (Waiver of recovery of overpaid benefits) .

(2) Intentionally left blank —Ed.

(a) In addition to the liability described in subsection (1) of this section, an individual who has been disqualified for benefits under ORS 657.215 (Disqualification for misrepresentation) is liable for a penalty imposed at a rate prescribed by the director of at least 15, but not greater than 30, percent of the amount of benefits the individual received to which the individual was not entitled.

(b) Notwithstanding subsection (1)(c) of this section, overpaid benefits that are subject to the penalty imposed under this subsection may be collected at any time.

(3) A decision of the director under this section does not authorize the recovery of the amount of any benefits paid to an individual until the decision is final and the decision specifies:

(a) That the individual, by reason of the false statement, misrepresentation or nondisclosure, is liable to repay the amount to the Unemployment Compensation Trust Fund;

(b) The nature of the false statement, misrepresentation or nondisclosure; and

(c) The week or weeks for which the benefits were paid.

(4) Intentionally left blank —Ed.

(a) The director may bring a civil action against an individual to collect any amount subject to recovery and any penalty due under this section.

(b) Judgment rendered shall bear interest at the rate provided in subsection (5) of this section.

(5) Interest on any amount liable to be repaid under this section shall be paid and collected at the same time repayment of benefits is made by the individual, at the rate of one percent per month or fraction of a month, beginning on the first day of the month following 60 days after the finality of the administrative decision establishing the overpayment.

(6) Intentionally left blank —Ed.

(a) Deductions from unemployment insurance benefits pursuant to subsection (1)(a)(B) of this section shall be applied solely to the amount of the benefits liable to be repaid under this section.

(b) All other payments shall be applied first to court costs, then to penalties, then to interest, then to the amount liable to be repaid.

(7) Intentionally left blank —Ed.

(a) The following amounts collected under this section shall be paid into the Unemployment Compensation Trust Fund:

(A) Amounts in repayment of benefits; and

(B) The portion of penalties imposed under subsection (2) of this section that is 15 percent of the amount of benefits received.

(b) The following amounts collected under this section shall be paid into the Employment Department Special Fraud Control Fund in accordance with the provisions of ORS 657.400 (Employment Department Special Fraud Control Fund) :

(A) Interest other than interest described in paragraph (c) of this subsection; and

(B) The portion of penalties imposed under subsection (2) of this section that remains after subtraction of the portion of penalties described in paragraph (a)(B) of this subsection.

(c) Interest payable on any portion of benefits that were funded by the federal government shall be paid to the United States Department of Labor.

(8) The director shall adopt rules establishing standards and procedures for the repayment of benefits and payment of penalties and interest under this section. [Amended by 1963 c.14 §1; 1997 c.372 §1; 2005 c.182 §3; 2007 c.87 §2; 2013 c.703 §1; 2021 c.388 §1]

Source: Section 657.310 — Repayment or deduction of benefits paid due to misrepresentation by recipient; director discretion; penalty for fraud; time limits on collection; civil action by director; disposition of amounts collected; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 662.070 — OR Code / Title 51 / Chapter 662 / Section 662.070
662.070 Liability of associations and officers and members of associations for unlawful acts of individuals
Status: in_force

No officer or member of any association or organization, and no association or organization participating or interested in a labor dispute, shall be held responsible or liable in any court of this state for the unlawful acts of individual officers, members or agents, except upon clear proof of actual participation in, or actual authorization of, such acts, or of ratification of such acts after actual knowledge thereof.

Source: Section 662.070 — Liability of associations and officers and members of associations for unlawful acts of individuals , https://www.­oregonlegislature.­gov/bills_laws/ors/ors662.­html (accessed May 26, 2025).
ORS § 652.020 — OR Code / Title 51 / Chapter 652 / Section 652.020
652.020 Maximum working hours in certain industries
Status: in_force

(1) As used in this section:

(a) “Machinery” means material-handling equipment and power-driven machines powered by electricity, nuclear or fossil fuels, hydroelectric power, geothermal power or another power source other than by human hand, foot or breath.

(b) “Manufacturing” means the process of using machinery to transform materials, substances or components into new products.

(c) “Manufacturing establishment” means an establishment engaged in manufacturing.

(d) “Perishable product” means any product that may spoil, deteriorate or undergo other material changes that render it unsuitable for the use for which it was produced. “Perishable product” includes agricultural crops, meat and fish.

(e) “Undue hardship period” means the period of time during which perishable product must be processed after harvesting, slaughter or catch.

(f) “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) Intentionally left blank —Ed.

(a) Except as provided in paragraphs (b) and (c) of this subsection and subsection (3) of this section, an employer may not require or permit an employee employed in any mill, factory or other manufacturing establishment in this state to work more than:

(A) 10 hours in any one day; or

(B) 55 hours in any one workweek.

(b) An employer may permit an employee described in paragraph (a) of this subsection to work up to 60 hours in one workweek if the employee requests or consents in writing to work more than 55 hours in the workweek.

(c) Notwithstanding paragraph (b) of this subsection, during the period of time that an employer is eligible for an undue hardship period exemption under subsection (4) of this section, an employer may permit an employee described in paragraph (a) of this subsection to work:

(A) Up to 84 hours per workweek for four workweeks; and

(B) Up to 80 hours per workweek for the remainder of the undue hardship period.

(d) Except as provided in subsection (3) of this section, an employer may not require or permit an employee employed in a sawmill, planing mill, shingle mill or logging camp to work more than:

(A) Eight hours, exclusive of one hour, more or less, in one day; or

(B) 48 hours in one workweek.

(3) Intentionally left blank —Ed.

(a) An employee may work overtime up to three hours more than the applicable limit for the maximum allowable hours of employment in one day as described in subsection (2) of this section.

(b) An employer shall compensate an employee who works overtime hours described in paragraph (a) of this subsection at one and one-half times the employee’s regular rate of pay for each overtime hour or portion of an hour the employee works.

(c) An employer shall calculate an employee’s overtime compensation on a daily basis under paragraph (b) of this subsection and on a weekly basis under ORS 653.261 (Minimum employment conditions) (1) and pay the greater of the two amounts if, during the same workweek, the employee works more than:

(A) The applicable limit for the maximum allowable hours of employment in one day as described in subsection (2) of this section; and

(B) Forty hours in one workweek as described in ORS 653.261 (Minimum employment conditions) (1).

(d) An employer that makes an overtime payment to an employee pursuant to paragraph (c) of this subsection satisfies the overtime compensation requirements under this subsection and ORS 653.261 (Minimum employment conditions) (1).

(4) Intentionally left blank —Ed.

(a) An employer is eligible for an undue hardship period exemption from the restrictions on maximum workweek hours under subsection (2)(a) of this section if the employer, in the ordinary course of the employer’s business, processes perishable products. The undue hardship period exemption shall be effective only during an undue hardship period. An employer may be eligible for more than one undue hardship period exemption in a calendar year. However, the combined total duration of the employer’s undue hardship period exemptions may not exceed 21 workweeks in a calendar year.

(b) To claim an undue hardship period exemption, an employer must provide notice of the undue hardship period to the Commissioner of the Bureau of Labor and Industries and obtain written consent from each employee whom the employer will request to work more than 55 hours in any workweek during the undue hardship period.

(c) Intentionally left blank —Ed.

(A) The notice the employer sends to the commissioner under paragraph (b) of this subsection must be in a form prescribed by the commissioner by rule and include a description of the reasons for the undue hardship period, the start and expected end dates of the undue hardship period and any other information required by the commissioner.

(B) The employee’s written consent shall be in a form prescribed by the commissioner by rule and include:

(i) A description of the employer’s reasons for the undue hardship period;

(ii) The start and expected end dates of the undue hardship period;

(iii) A statement that the employer may require the employee to work up to 84 hours per workweek for up to four workweeks during the undue hardship period;

(iv) A statement that the employer may require the employee to work up to 80 hours per workweek for the remainder of the undue hardship period;

(v) A statement that the employee consents to working up to 84 hours per workweek for up to four workweeks during the undue hardship period and up to 80 hours per workweek for the remainder of the undue hardship period;

(vi) Contact information for the Bureau of Labor and Industries; and

(vii) Any other information required by the commissioner.

(5) An employer may not:

(a) Require any employee employed in a mill, factory or other manufacturing establishment in this state to begin a work shift less than 10 hours after the end of the employee’s previous work shift if the employee’s previous work shift totaled eight or more hours, unless the employer requires the employee to work additional hours due to disruptions in business operations caused by a power outage, major equipment breakdown, severe weather or similar emergency outside the employer’s control;

(b) Require or permit any employee to work in any place described in this section for more hours than the hours provided for in this section during any day of 24 hours;

(c) Take an adverse employment action against any employee who is employed in a manufacturing establishment that is classified within the North American Industry Classification System under code 3118 and who refuses to work a mandatory overtime shift unless the employer has provided the employee with at least five days’ advance notice of the overtime shift, including the date and time of the overtime shift;

(d) Permit an overseer, superintendent or other agent of the employer to violate this section; or

(e) Coerce an employee into consenting to work more than 55 hours in a given workweek.

(6) This section does not apply to:

(a) An employee performing work as a member of a logging train crew, as a guard or as a boiler operator;

(b) An employee engaged in the transportation of workers to and from work;

(c) An employee engaged in the care of quarters or livestock, the conducting of mess halls, the superintendence and direction of work or the loading and removal of finished forest product;

(d) An employee when engaged in making necessary repairs or in the case of emergency where life or property is in imminent danger; or

(e) An employee employed in a mill, factory or other manufacturing establishment whose principal duties are administrative in nature or who is not otherwise engaged in the direct processing of goods in the usual course of the employee’s duties.

(7) Subsections (2) to (5) of this section do not apply to employees who are represented by a labor organization for purposes of collective bargaining with their employer, provided limits on the required hours of work and overtime payment have been agreed to between the employer and labor organization, or if no agreement is reached, then, for the purposes of this subsection, such limits and payments shall not be deemed to be changed from the previous collective bargaining agreement between the employer and labor organization unless the employees have been locked out or are engaged in a strike or the employer has unilaterally implemented new terms and conditions of employment.

(8) Intentionally left blank —Ed.

(a) In addition to any other remedy provided by law, an employee has a private cause of action against an employer if the employer violates subsection (2) or (3) of this section by requiring the employee to work more than:

(A) Three hours more than the applicable limit for the maximum allowable hours of employment in one day; or

(B) The applicable limit for the maximum allowable hours of employment in one workweek.

(b) If the employee prevails in an action under this section, the court may enter judgment against the employer for:

(A) Actual damages or $3,000 per claim, whichever is greater;

(B) Equitable relief; and

(C) Liquidated damages in an amount equal to twice the employee’s overtime wages earned during the period not allowed under subsection (2) or (3) of this section.

(c) In an action brought under this section, the court may award to the prevailing plaintiff costs, disbursements and reasonable attorney fees. Any attorney fee agreement is subject to approval by the court.

(9) Intentionally left blank —Ed.

(a) Notwithstanding ORS 652.900 (Civil penalties) , in addition to any other penalty provided by law, the commissioner may assess the following civil penalties against an employer that the commissioner determines has coerced an employee into consenting to work more than 55 hours in one workweek:

(A) $2,000 per violation if the employer coerced an employee into consenting under subsection (2)(b) of this section to work more than 55 hours in any given workweek; or

(B) $3,000 per violation if the employer coerced an employee into consenting under subsection (4) of this section to work more than 55 hours per workweek in any given workweek during an undue hardship period.

(b) Each violation described in paragraph (a) of this subsection is a separate and distinct offense. In the case of a continuing violation, each workweek’s continuance is a separate and distinct violation.

(c) Civil penalties authorized by this subsection shall be imposed in the manner provided in ORS 183.745 (Civil penalty procedures) . All sums collected as penalties under this subsection shall be applied and paid over as provided in ORS 652.900 (Civil penalties) .

(10) A violation of subsection (5)(c) of this section is an unlawful practice under ORS chapter 659A that is subject to enforcement by the Commissioner of the Bureau of Labor and Industries as provided in ORS 659A.820 (Complaints) to 659A.865 (Retaliatory action prohibited) . [Amended by 1989 c.852 §1; 1991 c.67 §157; 1999 c.59 §190; 2011 c.348 §1; 2017 c.685 §§1,2; 2022 c.22 §1]

Source: Section 652.020 — Maximum working hours in certain industries; overtime hours and pay; exemptions; penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 657.734 — OR Code / Title 51 / Chapter 657 / Section 657.734
657.734 Performance Reporting Information System
Status: in_force

(1) As used in this section:

(a) “Public body” has the meaning given that term in ORS 192.311 (Definitions for ORS 192.311 to 192.478) .

(b) “System participant” means:

(A) Mandatory partners under the federal Workforce Innovation and Opportunity Act and other one-stop system partners, which may include public bodies and private organizations; and

(B) Public bodies and private organizations that have been approved by the Director of the Employment Department, in consultation with the Education and Workforce Policy Advisor, to participate in the Performance Reporting Information System.

(2) There is established the Performance Reporting Information System for the purpose of collecting, analyzing and sharing statistical and demographic data for the development and reporting of workforce system performance measures.

(3) The Performance Reporting Information System is intended to share the data described in subsection (2) of this section, by agreement, with all system participants.

(4) The Director of the Employment Department shall administer and, in consultation with the Education and Workforce Policy Advisor, oversee the development of the Performance Reporting Information System. System participants shall be designated as participants in the system by rule of the Employment Department, in consultation with the Education and Workforce Policy Advisor. A system participant shall enter into an interagency or other applicable agreement with the director that:

(a) Establishes protocols for the collection and sharing of data in the system;

(b) Establishes safeguards for protecting the confidentiality of data in the system;

(c) Includes provisions regarding informed consent for sharing information obtained from individuals; and

(d) Provides for the sharing of costs for developing and maintaining the system.

(5) Intentionally left blank —Ed.

(a) All individual record information in the Performance Reporting Information System is confidential and may not be disclosed as a public record under the provisions of ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) . As administrator of the system, the director may view all data or individual record information in the system. System participants may not allow public access to information received from the system that identifies a particular individual unless required by law. System participants shall limit the disclosure of, or refuse to disclose, aggregate or summary level information when a small number of aggregated records or some other factor creates a reasonable risk that the identity of individuals may be discovered or disclosed.

(b) System participants shall provide information in a format that encodes identifying data, including the client’s Social Security number, using a formula unique to the system participant. In disclosing Social Security numbers to the system, system participants shall comply with any state and federal laws that govern the collection and use of Social Security numbers by the system participant and any additional requirements specified by the director, in consultation with the Education and Workforce Policy Advisor, that are included in the agreement entered into under subsection (4) of this section.

(6) The information in the Performance Reporting Information System is not a public record for purposes of ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) . For purposes of ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) , the information submitted to the system and the information received from the system is a public record, and the custodian of such information is the system participant that submits or receives the information. If the system participant receiving the information is not a public body, the department shall keep a copy of the system information sent to that system participant and shall be the custodian of that copy for purposes of ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) . As custodian, the department shall limit the disclosure of, or refuse to disclose, aggregate or summary level information when a small number of aggregated records or some other factor creates a reasonable risk that the identity of individuals may be discovered or disclosed. The department shall refer all other requests for disclosure of system information to the public body that is the custodian of the information.

(7) The department may charge a reasonable fee under ORS 192.324 (Copies or inspection of public records) for the disclosure of reports containing only aggregate data to individuals, public bodies or private organizations.

(8) If a system participant prepares or acquires a record that is confidential under federal or state law, including ORS 192.355 (Public records exempt from disclosure) (2), the system participant does not violate state confidentiality laws by providing the information described in this section to the Performance Reporting Information System.

(9) Any individual who, without proper authority, discloses confidential information under this section may be disqualified from holding any appointment or employment with the State of Oregon. The department shall adopt by rule procedures to prevent disclosure of confidential information submitted to the Performance Reporting Information System. [2001 c.524 §3; 2003 c.238 §2; 2003 c.794 §314; 2011 c.31 §2; 2015 c.366 §97; 2017 c.185 §21; 2017 c.297 §41; 2017 c.307 §5a]

Source: Section 657.734 — Performance Reporting Information System; rules , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 654.295 — OR Code / Title 51 / Chapter 654 / Section 654.295
654.295 Application of Oregon Safe Employment Act
Status: in_force

(1) Nothing contained 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) shall invalidate any existing occupational safety or health regulation, rule, standard or order which is not clearly inconsistent with the purposes and 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) .

(2) Where any part of a law, regulation, rule, standard or order is found to be clearly inconsistent with 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) and declared to be invalid, it is the intent of the Legislative Assembly that the remaining provisions of such law, regulation, rule, standard or order remain in effect as fully as if the invalid part had not been adopted. [1973 c.833 §36]

Source: Section 654.295 — Application of Oregon Safe Employment Act , https://www.­oregonlegislature.­gov/bills_laws/ors/ors654.­html (accessed May 26, 2025).
ORS § 652.100 — OR Code / Title 51 / Chapter 652 / Section 652.100
652.100 False information related to hours worked or compensation received by employees
Status: in_force

An employer may not:

(1) Compel, coerce or otherwise induce or attempt to induce an employee to create, file or sign documents containing information that the employer knows is false related to the hours worked or compensation received by the employee.

(2) In addition to any other remedy provided by law, an employee has a private cause of action for a violation of subsection (1) of this section. The court may award actual damages or $1,000 for each violation, whichever is greater, injunctive relief, attorney fees and costs. The court shall count each pay period in which a violation occurs or continues as a separate violation.

(3) In addition to any other relief provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty under ORS 183.745 (Civil penalty procedures) not to exceed $1,000 for each violation of subsection (1) of this section. The commissioner shall count each pay period in which a violation occurs or continues as a separate violation.

(4) The commissioner has the same enforcement powers with respect to the rights established under subsections (1) to (3) of this section as are established in this chapter and ORS chapter 653. [2017 c.211 §2]

Source: Section 652.100 — False information related to hours worked or compensation received by employees; prohibited acts by employer; employee right of action; remedies for violation; penalties , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 657.117 — OR Code / Title 51 / Chapter 657 / Section 657.117
657.117 Wages
Status: in_force

“Wages” as used in ORS 657.105 (Wages) includes:

(1) The amount of any tax imposed upon an employee and paid by an employer pursuant to sections 3121(a)(6) and 3306(b)(6) of the Internal Revenue Code.

(2) Tips reported by the employer pursuant to section 3306 of the Internal Revenue Code. [Amended by 1981 c.77 §9; 1983 c.508 §4; 1985 c.507 §2; 2007 c.614 §18]

Source: Section 657.117 — Wages; inclusion of federal taxes and tips , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 652.035 — OR Code / Title 51 / Chapter 652 / Section 652.035
652.035 Violations of certain laws relating to maximum working hours and minimum employment conditions
Status: in_force

(1) Any employee asserting a violation of ORS 652.020 (Maximum working hours in certain industries) , 653.263 (Overtime for persons employed by seafood processors) or 653.265 (Overtime for persons employed in canneries, driers and packing plants) may file a complaint with the Commissioner of the Bureau of Labor and Industries under ORS 659A.820 (Complaints) or a civil action as provided in ORS 659A.885 (Civil action) .

(2) In addition to any other damages provided by law, the commissioner may assess a civil penalty against the employer in the amount of $1,000.

(3) The commissioner shall waive 50 percent of the amount of any civil penalty imposed by order under this section if the commissioner determines that the employer paid the full remedy due, not including any civil penalty, within 14 days after the order imposing the remedy became final by operation of law or on appeal.

(4) Civil penalties authorized by this section shall be imposed in the manner provided in ORS 183.745 (Civil penalty procedures) .

(5) An employer may not retaliate or in any way discriminate against an individual with respect to hire or tenure or any other term or condition of employment because the individual has inquired about the provisions of this section or ORS 652.020 (Maximum working hours in certain industries) , 653.261 (Minimum employment conditions) or 653.265 (Overtime for persons employed in canneries, driers and packing plants) or has reported a violation to, or filed a complaint with, the Bureau of Labor and Industries. [2017 c.685 §11]

Note: 652.035 (Violations of certain laws relating to maximum working hours and minimum employment conditions) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 652 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 652.035 — Violations of certain laws relating to maximum working hours and minimum employment conditions; remedies; retaliation prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).
ORS § 657b.320 — OR Code / Title 51 / Chapter 657b / Section 657b.320
657B.320 Delinquent contributions or grant repayments
Status: in_force

(1) If an employer defaults with respect to any amount of contributions required to be made by the employer to the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430 (Paid Family and Medical Leave Insurance Fund) or with respect to the repayment of any grant moneys awarded to the employer under ORS 657B.200 (Employer assistance grants) for which the employer was not eligible, the unpaid amount, together with interest and penalties, shall be collected by the Director of the Employment Department in a civil action against the employer brought in the name of the director.

(2) Intentionally left blank —Ed.

(a) Judgment rendered on a civil action brought under subsection (1) of this section in favor of the director shall bear interest at the rate provided in subsection (3) of this section.

(b) An employer’s compliance with the requirements of ORS 657B.150 (Contributions) shall date from the time that contributions were collected from the employer or grants were received by the employer.

(c) The amount of contributions or any grant repayment described in subsection (1) of this section collected from an employer, together with interest and penalties, shall be paid into the fund.

(3) Intentionally left blank —Ed.

(a) Interest upon any amounts due from an employer shall be paid and collected at the rate of one and one-half percent per month from the date prescribed for the payment to the fund. In computing the interest, a fraction of a month shall be counted as a full month.

(b) Interest shall be paid at the same time contributions or grant repayments are required to be paid by the employer to the fund.

(4) If an employer fails to pay contributions required by ORS 657B.150 (Contributions) at the time prescribed by the director, the employer shall be in default.

(5) If an employer is awarded grant moneys under ORS 657B.200 (Employer assistance grants) for which the employer was not eligible and the employer fails to repay the moneys to the Employment Department within 30 days after receiving notice from the department explaining the employer’s obligation to repay the moneys, the employer shall be in default.

(6) If an employer that is in default with respect to payment of contributions or a grant repayment fails to make payment within 10 days after written demand has been made by the director, the employer shall be subject to a penalty of 10 percent of the amount of the contributions or the grant repayment. A demand for payment shall be deemed to have been made when deposited in the mail addressed to the employer at the employer’s last known address of record with the director.

(7) Intentionally left blank —Ed.

(a) If any part of a deficiency is due to fraud with intent to avoid payment of contributions to the fund, then 50 percent of the total amount of the deficiency, in addition to the deficiency, shall be assessed, collected and paid, in the same manner as if it were a deficiency, and deposited in the fund.

(b) If an employer’s award of grant moneys under ORS 657B.200 (Employer assistance grants) was obtained by fraud or misrepresentation by the employer, then 50 percent of the total amount of the grant award, in addition to the amount of the grant repayment due to the department, shall be assessed, collected and paid, in the same manner as if it were a deficiency, and deposited in the fund.

(8) Civil actions brought in the name of the director under this section to collect contributions, grant repayments, interest or penalties from an employer shall be entitled to preference upon the calendar over all civil cases that involve only private parties.

(9) Intentionally left blank —Ed.

(a) Notwithstanding the provisions of this section, the director may agree to accept from an employer or former employer with a delinquent account any amount the director finds reasonable under the circumstances as consideration in settlement of the full amount of contributions, grant repayments, interest or penalties due if the director finds that:

(A) The total interest collectible on the delinquent account is in excess of 25 percent of the principal;

(B) The employer or former employer no longer conducts an active business and has insufficient net assets to pay the full amount of all contributions, grant repayments, interest or penalties due; and

(C) The employer or former employer can pay some but not all of the delinquent amounts.

(b) Whenever a settlement agreement is made pursuant to paragraph (a) of this subsection, a written record signed by the director shall be maintained in the files of the director. Such records shall set forth:

(A) The name of the employer or former employer against whom the liability was assessed;

(B) The amount of the assessed liability;

(C) The amount of the liability paid;

(D) The amount of the liability canceled or waived; and

(E) A sworn statement of the employer or former employer setting forth the complete financial responsibility of the employer or former employer and containing a full disclosure of all matters bearing upon the ability of the employer or former employer to pay the full amount of the liability assessed.

(10) The director shall file a full and true copy of the record of each settlement agreement with the Secretary of State as a public record.

(11) Any amount agreed to in settlement of the director’s claims on behalf of the fund pursuant to subsection (9)(a) of this section shall be first credited to the contributions or grant repayments due from the employer or former employer, whichever is applicable, until the principal amount of contributions or grant repayments due has been satisfied and shall be deposited in the fund. [2019 c.700 §24; 2023 c.120 §11]

Note: Section 13 (6), chapter 120, Oregon Laws 2023, provides:

Sec. 13. (6) The amendments to ORS 657B.320 (Delinquent contributions or grant repayments) by section 11, chapter 120, Oregon Laws 2023, apply to grant moneys awarded on or after September 3, 2023. [2023 c.120 §13(6); 2023 c.292 §16b(6)]

Source: Section 657B.320 — Delinquent contributions or grant repayments; interest; civil penalties; collection by civil action; settlement , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657B.­html (accessed May 26, 2025).
ORS § 657.321 — OR Code / Title 51 / Chapter 657 / Section 657.321
657.321 Definitions for ORS 657.321 to 657.329
Status: in_force

As used in ORS 657.321 (Definitions for ORS 657.321 to 657.329) to 657.329 (Applicability of ORS 657.321 to 657.329) unless the context requires otherwise:

(1) “Eligibility period” of an individual means:

(a) The period consisting of the weeks in the individual’s benefit year that begin in an extended benefit period and, if the benefit year ends within the extended benefit period, any subsequent weeks that begin in the extended benefit period; or

(b) A period provided for by rule of the Employment Department under ORS 657.328 (Eligibility period adopted by rule) .

(2) “Exhaustee” means an individual who, with respect to any week of unemployment in the individual’s eligibility period:

(a) Has received prior to such week, all of the regular benefits that were available to the individual under this chapter or any other state law (including dependents’ allowances and benefits payable to federal civilian employees and ex-servicemen under 5 U.S.C. chapter 85) in the current benefit year that includes such week (provided that an individual shall be deemed to have received all of the regular benefits that were available to the individual, although as a result of a pending appeal with respect to wages or employment that were not considered in the original monetary determination in the current benefit year, the individual may subsequently be determined to be entitled to added regular benefits); or

(b) Intentionally left blank —Ed.

(A) The individual’s benefit year having expired prior to such week, has no, or insufficient, wages and employment to establish a new benefit year that would include such week;

(B) Has no right to unemployment benefits or allowances under the Railroad Unemployment Insurance Act and such other federal laws as are specified in regulations issued by the United States Secretary of Labor; and

(C) Has not received and is not seeking, or the appropriate agency has finally determined that the individual is not entitled to receive, unemployment benefits under the unemployment compensation law of Canada.

(3) Intentionally left blank —Ed.

(a) “Extended benefit period” means a period that:

(A) Begins with the third week after a week for which there is a state “on” indicator; and

(B) Ends with the third week after the first week for which there is a state “off” indicator or the 13th consecutive week of such period, whichever occurs later.

(b) Notwithstanding the provisions of paragraph (a) of this subsection, no extended benefit period may begin by reason of a state “on” indicator before the 14th week following the end of a prior extended benefit period that was in effect with respect to this state.

(c) There is a state “on” indicator for any week for which the Director of the Employment Department determines, in accordance with regulations of the United States Secretary of Labor, that for the period consisting of such week and the immediately preceding 12 weeks:

(A) The rate of insured unemployment (not seasonally adjusted) equaled or exceeded five percent and equaled or exceeded 120 percent of the average of such rates for the corresponding 13-week periods ending in each of the preceding two calendar years;

(B) The rate of insured unemployment (not seasonally adjusted) equaled or exceeded six percent; or

(C) With respect to benefits for weeks of unemployment beginning after March 6, 1993:

(i) The average rate of total unemployment (seasonally adjusted), as determined by the United States Secretary of Labor, for the period consisting of the most recent three months for which data for all states are published before the close of such week equaled or exceeded 6.5 percent; and

(ii) The average rate of total unemployment in the state (seasonally adjusted), as determined by the United States Secretary of Labor, for the three-month period referred to in sub-subparagraph (i) of this subparagraph, equaled or exceeded 110 percent of such average for either or both of the corresponding three-month periods ending in the two preceding calendar years.

(d) There is a state “off” indicator for any week for which the director determines, in accordance with regulations of the United States Secretary of Labor, that for the period consisting of such week and the immediately preceding 12 weeks, none of the options specified in subsection (3)(c) of this section results in an “on” indicator.

(4) “Extended benefits” means benefits (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85) payable to an individual under the provisions of this chapter for weeks of unemployment in the individual’s eligibility period.

(5) “High unemployment period” means any period during which an extended benefit period would be in effect if subsection (3)(c)(C)(i) of this section were applied by substituting “eight percent” for “6.5 percent.”

(6) “Rate of insured unemployment,” for the purpose of subsection (3)(c) and (d) of this section, means the percentage derived by dividing:

(a) The average weekly number of regular continued weeks of unemployment claimed by individuals in this state with respect to the most recent 13-consecutive-week period, as determined by the director on the basis of reports to the United States Secretary of Labor, by

(b) The average monthly employment covered under this chapter for the first four of the most recent six completed calendar quarters before the end of such 13-week period.

(7) “Regular benefits” means benefits payable to an individual under this chapter or under any other state law (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85) other than extended benefits.

(8) “State law” means the unemployment insurance law of any state, approved by the United States Secretary of Labor under section 3304 of the Internal Revenue Code. [1971 c.2 §2; 1974 c.46 §1; 1977 c.228 §1; 1979 c.267 §4; 1982 s.s.1 c.30 §1; 1993 c.200 §3; 2003 c.14 §401; 2007 c.71 §210; 2007 c.614 §20; 2009 c.115 §§5,6,7; 2010 c.6 §§3,4; 2011 c.10 §§1,2]

Source: Section 657.321 — Definitions for ORS 657.321 to 657.329 , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 659a.215 — OR Code / Title 51 / Chapter 659a / Section 659a.215
659A.215 Remedies not exclusive
Status: in_force

The remedies provided for violations of ORS 659A.203 (Prohibited conduct by public or nonprofit employer) and 659A.218 (Disclosure of employee’s name without consent prohibited) under this chapter are in addition to any appeal proceeding available under ORS 240.560 (Appeal procedure) for a state employee or under any comparable provisions for employees of political subdivisions. [Formerly 659.530]

Source: Section 659A.215 — Remedies not exclusive , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659A.­html (accessed May 26, 2025).
ORS § 657.535 — OR Code / Title 51 / Chapter 657 / Section 657.535
657.535 Liens under ORS 657.525 or 657.530
Status: in_force

(1) The liens created by ORS 657.525 (Lien on subjects and products of labor for which contributions are due) and 657.530 (Lien on property used in connection with employment on which contributions are due) shall be prior to all other liens and encumbrances, except labor liens and taxes, and they shall have equal priority with other tax liens.

(2) In order to assert such liens, the Director of the Employment Department shall, within 60 days after the employer is in default, as provided in ORS 657.515 (Delinquent taxes) (3), file with the county clerk of the county within which such property is then situated, a statement in writing describing the property upon which a lien is claimed and stating the amount of the lien claimed by the director. If a lien is claimed on real property not then owned by the employer, such statement must be filed within 60 days from the completion of the work.

(3) When a lien is claimed on real property, the director shall, within one year from the filing of the statement, commence a suit to cause such lien to be foreclosed in the manner provided by law for the foreclosure of other liens on real or personal property. If the lien is claimed on personal property, the director may, within one year from the filing of the statement, commence foreclosure proceedings as provided in ORS 87.110 and 87.115 (1973 Replacement Part). [Amended by 1987 c.158 §127]

Source: Section 657.535 — Liens under ORS 657.525 or 657.530; priority; filing statement of lien; foreclosure , https://www.­oregonlegislature.­gov/bills_laws/ors/ors657.­html (accessed May 26, 2025).
ORS § 656.234 — OR Code / Title 51 / Chapter 656 / Section 656.234
656.234 Compensation not assignable nor to pass by operation of law
Status: in_force

(1) No moneys payable under this chapter on account of injuries or death are subject to assignment prior to their receipt by the beneficiary entitled thereto, nor shall they pass by operation of law. All such moneys and the right to receive them are exempt from seizure on execution, attachment or garnishment, or by the process of any court.

(2) Notwithstanding any other provision of this section:

(a) Moneys payable under ORS 656.210 (Temporary total disability) and 656.212 (Temporary partial disability) are subject to an order to enforce child support obligations, and spousal support when there is a current support obligation for a joint child of the obligated parent and the person to whom spousal support is owed, under ORS 25.378 (Payment of support by income withholding) ; and

(b) Moneys payable under ORS 656.206 (Permanent total disability) , 656.214 (Permanent partial disability) , 656.236 (Compromise and release of claim matters except for medical benefits) and 656.289 (Orders of Administrative Law Judge) (4) are subject to an order to enforce child support obligations under ORS 25.378 (Payment of support by income withholding) .

(3) Notwithstanding the provisions of ORS 25.378 (Payment of support by income withholding) and 25.414 (Standard amount to be withheld) , the amount of child support obligation subject to enforcement may not exceed:

(a) One-fourth of moneys paid under ORS 656.210 (Temporary total disability) and 656.212 (Temporary partial disability) or the amount of the current support to be paid as continuing support, whichever is less, or, if there is no current support obligation and the withholding is for arrearages only, 15 percent of the moneys paid under ORS 656.210 (Temporary total disability) and 656.212 (Temporary partial disability) or the amount previously paid as current support, whichever is less;

(b) One-half of moneys paid in a lump sum award under ORS 656.210 (Temporary total disability) and 656.212 (Temporary partial disability) when the award becomes final by operation of law or waiver of the right to appeal its adequacy;

(c) One-half of moneys paid under ORS 656.206 (Permanent total disability) , 656.214 (Permanent partial disability) and 656.236 (Compromise and release of claim matters except for medical benefits) ; or

(d) One-half of the net proceeds paid to the worker in a disputed claim settlement under ORS 656.289 (Orders of Administrative Law Judge) (4).

(4) Notwithstanding any other provision of this section, when withholding is only for arrearages assigned to this or another state, the Department of Justice may set a lesser amount to be withheld if the obligor demonstrates the withholding is prejudicial to the obligor’s ability to provide for a child the obligor has a duty to support. [Amended by 1967 c.468 §1; 1989 c.520 §2; 1991 c.758 §3; 1993 c.48 §1; 1993 c.798 §22; 1995 c.272 §2; 2001 c.455 §26; 2003 c.73 §70; 2011 c.317 §2]

Source: Section 656.234 — Compensation not assignable nor to pass by operation of law; certain benefits subject to support obligations , https://www.­oregonlegislature.­gov/bills_laws/ors/ors656.­html (accessed May 26, 2025).
ORS § 660.341 — OR Code / Title 51 / Chapter 660 / Section 660.341
660.341 Oregon Employer Workforce Training Fund
Status: in_force

The Oregon Employer Workforce Training Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Employer Workforce Training Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Higher Education Coordinating Commission for the purposes of ORS 660.340 (Oregon Employer Workforce Training Program) . [2011 c.702 §3; 2015 c.366 §62]

Source: Section 660.341 — Oregon Employer Workforce Training Fund , https://www.­oregonlegislature.­gov/bills_laws/ors/ors660.­html (accessed May 26, 2025).
ORS § 659.852 — OR Code / Title 51 / Chapter 659 / Section 659.852
659.852 Retaliation against student prohibited
Status: in_force

(1) As used in this section:

(a) “Education program” means an education program provided by:

(A) A school district;

(B) A public charter school;

(C) An education service district;

(D) A long term care or treatment facility, as described in ORS 343.961 (Responsibility for costs of education of children in day and residential treatment programs) ;

(E) The Youth Corrections Education Program;

(F) The Oregon School for the Deaf;

(G) An approved recovery school, as defined in ORS 336.680 (Requirement to provide appropriate education to students enrolled in approved recovery school) ;

(H) A community college operated under ORS chapter 341;

(I) A public university listed in ORS 352.002 (Public universities) ;

(J) A career school;

(K) A private school; or

(L) A private college or university.

(b) “Retaliation” means suspension, expulsion, disenrollment, grade reduction, denial of academic or employment opportunities, exclusion from academic or extracurricular activities, denial of access to transcripts, threats, harassment or other adverse action that substantially disadvantages a student in academic, employment or extracurricular activities.

(2) A student of an education program may not be subjected to retaliation by an education program for the reason that the student has in good faith reported information that the student believes is evidence of a violation of a state or federal law, rule or regulation.

(3) A student, or a parent or guardian of a student under 18 years of age, who alleges a violation of subsection (2) of this section may bring a civil action under ORS 659A.885 (Civil action) . [2015 c.434 §2; 2023 c.513 §19]

Source: Section 659.852 — Retaliation against student prohibited , https://www.­oregonlegislature.­gov/bills_laws/ors/ors659.­html (accessed May 26, 2025).
ORS § 654.423 — OR Code / Title 51 / Chapter 654 / Section 654.423
654.423 Use of physical force by health care employee in self-defense against assault
Status: in_force

(1) A health care employer may not impose sanctions against an employee who used physical force in self-defense against an assault if the health care employer finds that the employee:

(a) Was acting in self-defense in response to the use or imminent use of physical force;

(b) Used an amount of physical force that was reasonably necessary to protect the employee or a third person from assault; and

(c) Used the least restrictive procedures necessary under the circumstances, in accordance with an approved behavior management plan, or other methods of response approved by the health care employer.

(2) As used in this section, “self-defense” means the use of physical force upon another person in self-defense or to defend a third person. [2007 c.397 §7]

Source: Section 654.423 — Use of physical force by health care employee in self-defense against assault , https://www.­oregonlegislature.­gov/bills_laws/ors/ors654.­html (accessed May 26, 2025).