justicedao/ipfs_state_laws huggingface dataset:
839-001-0250 Deductions for Costs of Benefits Paid by the Employer While the Employee Is on OFLA Leave The Oregon Family Leave Act provides that notwithstanding 652.610(3), when an employer pays the employee’s portion of the cost of providing health, disability, life or other insurance coverage for an employee while the employee is on family leave, the employer may recover such cost under the following circumstances: (1) Upon the employee’s return to work, the employer may deduct from the employee’s pay the amount of the costs it paid, provided, however, that the total amount deducted from any paycheck may not exceed 10% of the employee’s gross wages earned in the pay period covered by the paycheck. (2) If an employee does not return to work, the employer may deduct all of the costs it paid from amounts due and owing to the employee, provided, however, that no deduction may be made if the employee fails to return to work for the following reasons: (a) The employee’s absence from work is caused by a continuation, recurrence or onset of a serious health condition that would entitle the employee to family leave as provided for under OFLA or to benefits under ORS chapter 657B; or (b) The employee’s absence from work is caused by circumstances beyond the control of the employee. (3) If an employee does not return to work the employer may seek to recover amounts paid for insurance coverage on behalf of the employee by any other legal means provided however, that no legal action may be initiated if the employee failed to return to work for the reasons set out in subsections (2)(a) or (2)(b) of this rule. (4) The deduction provided for in this rule may be made with or without the employee’s authorization. The employer shall notify the employee of the deduction before the deduction is made. Statutory/Other Authority: ORS 651.060 & ORS 659A.805 Statutes/Other Implemented: ORS 659A.171 History: BLI 15-2024, amend filed 06/28/2024, effective 07/01/2024 BL 9-1996, f. & cert. ef. 10-8-96
839-001-0300 Liability of Employer for Issuance of Dishonored Check in Payment of Wages (1) As used in this rule: (a) “Check” means a check, draft or order for the payment of money. (b) “Drawee” means a person ordered in a draft to make payment pursuant to ORS 73.0103(1)(b). (2) Pursuant to ORS 30.701, an employer that issues a dishonored check to an employee for payment of wages due is liable to the employee for damages in an amount equal to $100 or triple the amount for which the check is drawn, whichever is greater, in addition to the amount for which the check was drawn. The amount of damages may not exceed the amount for which the check was drawn by more than $500. (3) Pursuant to the provisions of ORS 652.195, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty payable to the employee in an amount equal to the statutory damages provided by ORS 30.701 against an employer that issues a dishonored check to an employee for payment of wages due. (4) The commissioner may not assess a civil penalty as provided in this rule if: (a) After the employee or the employee’s assignee has made written demand of the employer not less than 30 days before commencing the action, the employer pays the employee before the commencement of the action an amount of money not less than the amount for which the check was drawn and all interest that has accrued on the check under ORS 82.010 as of the date of demand; or (b) The employee has commenced an action under ORS 30.701 against the employer for the same dishonored check. (5) If the commissioner determines that the failure of the employer to satisfy the dishonored check at the time demand was made under subsection (4)(a) of this rule was due to economic hardship, the commissioner may waive all or part of the statutory damages provided for in section (2) of this rule. (6) The provisions of this rule apply only to a check that has been dishonored because of a lack of funds or credit to pay the check, because the employer has no account with the drawee, or because the employer has stopped payment on the check without good cause. An employee is entitled to the remedies provided in this rule without regard to the reasons given by the employer for dishonoring the check. (7) An employee may not bring an action under ORS 30.701 against an employer for the same dishonored check if the commissioner has assessed or proposed to assess a civil penalty under this rule. Statutory/Other Authority: ORS 30.701, 651.060 & Ch. 652 Statutes/Other Implemented: ORS 652 History: BLI 6-2014, f. & cert. ef. 5-5-14 BLI 11-2011, f. 12-30-11, cert. ef. 1-1-12
839-001-0410 Definitions for Regulations Pertaining to the Payment of Wages at Termination of Employment As used in ORS 652.140 to 652.165 and in OAR 839-001-0410 to 839-001-0480, unless the context requires otherwise; (1) "Business day" includes Monday through Friday, exclusive of state holidays as provided in ORS 187.010, in which the business operations of the employer is conducted. (2) "Seasonal farmworker" means any person who, for an agreed remuneration or rate of pay, performs temporary labor for another to work in the production of farm products or planting, cultivating or harvesting of seasonal agricultural crops or in the forestation or reforestation of lands, including but not limited to, the planting, transplanting, tubing, pre-commercial thinning and thinning of trees and seedlings, the clearing, piling and disposal of brush and slash and other related activities. (3) "Seasonal reforestation worker" means "seasonal farmworker" as defined in subsection (2) of this rule. (4) "Willfully," as used in ORS 652.150, means that which is done or omitted is done or omitted intentionally. When a person knows what the person is doing, intends to do what the person is doing and is a free agent, the person is acting willfully. An act or omission is willful even if the person did not know the act or omission was a violation of ORS 652.140 or 652.145. (5) "Wages" means all compensation for performance of service by an employee for an employer whether paid by the employer or another person. Wages include the cash value of all compensation paid in any medium other than cash and all compensation owed an employee by an employer. Statutory/Other Authority: ORS 652.165 Statutes/Other Implemented: ORS 652.140 - 652.160 History: BLI 1-2002, f. & cert. ef. 1-9-02 BL 9-1996, f. & cert. ef. 10-8-96
839-001-0430 When Layoff is Considered Termination of Employment (1) When an employee is laid off with no reasonable expectation that the employee will return to work, the layoff is considered to be a termination of employment for purposes of OAR 839-001-0420 and 839-001-0440 and the wages earned and unpaid shall become due and payable in accordance with 839-001-0420 and 839-001-0440. (2) When an employee is laid off and the employee returns to work within 35 days, the layoff is not considered to be a termination of employment for purposes of OAR 839-001-0420 and 839-001-0440 and all wages earned and unpaid shall become due and payable at the next regularly scheduled payday following the layoff. If the layoff occurs on a regularly scheduled payday, the wages become due and payable on the same day. (3) This rule applies to all layoffs regardless of whether an employee is subject to recall to work. Statutory/Other Authority: ORS 652.165 Statutes/Other Implemented: ORS 652.140 History: BL 9-1996, f. & cert. ef. 10-8-96
839-001-0440 Special Provisions for Payment of Wages at Termination for Seasonal Farmworkers and Seasonal Reforestation Workers (1) Unless the conditions described in ORS 652.145(1)(a) apply, when a seasonal farmworker or seasonal reforestation worker terminates employment because of discharge or mutual consent, all wages earned and unpaid become due and payable on the last day the employee works. (2) When a seasonal farmworker or seasonal reforestation worker quits employment and gives the employer at least 48 hours notice of intent to quit, all wages earned and unpaid become due and payable on the last day the employee works. (3) When a seasonal farmworker or seasonal reforestation worker quits employment and fails to give the employer at least 48 hours notice, all wages earned and unpaid become due and payable within 48 hours after the employee quits or on the next regularly scheduled payday, whichever comes first. Statutory/Other Authority: ORS 651.060(4) & 652.165 Statutes/Other Implemented: 2013 SB 677 & ORS 652.145 History: BLI 6-2013, f. 12-18-13, cert. ef. 1-1-14 BL 9-1996, f. & cert. ef. 10-8-96
839-001-0450 Forwarding Wages and Direct Deposit of Wages at Termination of Employment (1) All wages due and payable at termination of employment shall be forwarded by the employer to the employee to any address designated by the employee when the employee requests the employer to forward the wages. (2) Unless an employee has made either a written or oral request that wages due be paid by check, all wages due and payable at termination of employment may be deposited, without discount, in the employee's account in a bank, national bank, mutual savings bank, credit union or savings and loan association located in Oregon. Statutory/Other Authority: ORS 651.060(4) & 652.165 Statutes/Other Implemented: 2013 HB 2683 & ORS 652.110 History: BLI 6-2013, f. 12-18-13, cert. ef. 1-1-14 BL 9-1996, f. & cert. ef. 10-8-96
839-001-0460 Payment in Case of a Dispute over the Amount of Wages Due at Termination of Employment/Employee Rights and Remedies (1) In case of a dispute over the amount of wages due and payable at termination of employment, the employer shall pay the amount of wages that the employer concedes to be due and payable to the employee. Such payment shall be made unconditionally and within the time set out in OAR 839-001-0420, 839-001-0430 and 839-001-0440. (2) An employee may use all remedies available to the employee for the balance of wages that the employee claims are due and payable. Statutory/Other Authority: ORS 652.165 Statutes/Other Implemented: ORS 652.160 History: BL 9-1996, f. & cert. ef. 10-8-96
839-001-0490 Special Provisions for Payment of Wages at Termination for Employees of Businesses Primarily Engaged in the Sale of Motor Vehicles or Farm Implements Who Are Paid on a Commission Basis (1) When an employee of a business primarily engaged in the sale of motor vehicles or farm implements who is paid on a commission basis is terminated, unpaid commissions are not owed to the employee until all the terms and conditions of any agreement between the employer and employee concerning the method of payment of commissions are fulfilled. If no such agreement exists, the commission is due with all other earned and unpaid wages or compensation as provided in ORS 652.140. (2) Notwithstanding the provisions of OAR 839-001-0470, when an employee who is paid on a commission basis is terminated by a business that primarily sells motor vehicles or farm implements and there is a dispute between the employer and employee concerning the amount of commission due upon termination, if the amount of unpaid commission is found to be less than 20 percent of the amount of unpaid commission claimed by the employee, the penalty wage may not exceed the amount of the unpaid commission or $200, whichever is greater. Statutory/Other Authority: ORS 651.060(4), 652 & 653: Other Auth HB 3544(2003 legislature) Statutes/Other Implemented: ORS 18.838, 652.150 & 653.261(1) History: BLI 7-2003, f. 12-31-03, cert. ef. 1-1-04
839-001-0495 Violations Separate and Distinct Each violation of ORS 652.110, 652.140, 652.145, 652.260, 652.610(4), 652.750 or any rule adopted pursuant thereto is a separate and distinct offense. In the case of continuing violations, each day's continuance is a separate and distinct violation. Statutory/Other Authority: ORS 651.060(4), 652.165 & 652.900 Statutes/Other Implemented: ORS 652.010–652.900 History: BLI 26-2009, f. 12-1-09, cert. ef. 1-1-10 BLI 37-2007, f. 12-28-07, cert. ef. 1-1-08
839-001-0496 Civil Penalties for Violation of Regulations Pertaining to the Payment of Wages (1) When assessing a civil penalty for violations of ORS 652.110, 652.140, 652.145, 652.260, 652.610(4), 652.750 or any rule adopted pursuant thereto, the commissioner may consider the following mitigating and aggravating circumstances in determining the amount of the civil penalty to be assessed and cite those the commissioner finds to be appropriate: (a) The history of the employer in taking all necessary measures to prevent or correct violations of statutes or rules; (b) Prior violations, if any, of statutes or rules; (c) The magnitude and seriousness of the violation; (d) Whether the employer knew or should have known of the violation. (2) The commissioner may consider what amount of civil penalty is likely to deter an employer from committing violations in the future. (3) Notwithstanding any other section of this rule, the commissioner shall consider all aggravating circumstances presented by any employee or any other person for the purpose of increasing the amount of the civil penalty to be assessed. (4) It shall be the responsibility of the employer to provide the commissioner any mitigating evidence concerning the amount of the civil penalty to be assessed. (5) Notwithstanding any other section of this rule, the commissioner shall consider all mitigating circumstances presented by the employer for the purpose of reducing the amount of the civil penalty to be assessed. Statutory/Other Authority: ORS 651.060(4), 652.165 & 652.900 Statutes/Other Implemented: ORS 652.010–652.900 History: BLI 26-2009, f. 12-1-09, cert. ef. 1-1-10 BLI 37-2007, f. 12-28-07, cert. ef. 1-1-08
839-001-0500 Definitions for Wage Security Fund Regulations As used in OAR 839-001-0500 to 839-001-0560 unless the context requires otherwise: (1) “Assets” include real and personal property of whatsoever nature, excluding such property which the employer has a right to claim exempt. (2) “Bureau” means Bureau of Labor and Industries. (3) “Commissioner” means the Commissioner of the Bureau of Labor and Industries. (4) “Division” means the Wage and Hour Division of the Bureau of Labor and Industries. (5) “Employee” has the same meaning given it in ORS 652.310(2), except “employee” does not include a principal officer or director of a corporation who is also a stockholder. (6) “Employer” has the same meaning given it in ORS 652.310(1). (7) "Final Order" means final agency action expressed in writing as required by OAR 839-050-0420 or OAR 839-050-0430. (8) “Fringe Benefits” means the amount of compensation which accompanies or is in addition to a person’s regular salary or wages and includes, but is not limited to, payment for profit sharing plans, retirement or pension plans, insurance, sick leave, holidays, severance, or vacation. (9) “Fund” means the Wage Security Fund established by ORS 652.409(1); income earned on moneys in the Wage Security Fund, as provided for in 652.409(1); amounts recovered by the Commissioner on wage claims paid out of the “Fund”; and amounts of eligible wage claim payments which are disallowed because of the inability to locate the wage claimant. (10) "Judgment" has the definition set forth in ORS 18.005. (11) “Promptly,” as used in OAR 839-001-0500 to 839-001-0560, means the next regular payday established by the employer, or 35 days from the last payday, whichever is sooner. (12) “Successor” means one who follows an employer in ownership or control of a business so far as such employer has not paid employees in full. A successor employer may be any successor to the business of any employer, or any lessee or purchaser of any employer’s business property for the continuation of the same business. (13) “Wage Claim” has the same meaning given it in ORS 652.320(7). However, in the case of claims against the Fund, “wage claim” refers to actual wages earned only. It does not include any other item of compensation considered to be a fringe benefit, nor does it include any damages, civil penalties or interest otherwise provided by law. Statutory/Other Authority: ORS 652.414(6) & ORS 652.414 Statutes/Other Implemented: House Bill 2818, 2021 History: BLI 1-2022, amend filed 03/21/2022, effective 04/01/2022 BLI 13-2021, temporary amend filed 08/06/2021, effective 08/06/2021 through 02/01/2022 BL 9-1996, f. & cert. ef. 10-8-96 BL 8-1989, f. & cert. ef. 10-12-89 BL 5-1986, f. 6-20-86, ef. 7-1-86
839-001-0510 Eligibility for Wage Payment from the Wage Security Fund (1) An employee is eligible for the payment of a wage claim from the Fund when the Commissioner makes the following determinations: (a) The employer has ceased doing business in Oregon; and (b) The employer is without sufficient assets to fully and promptly pay the wage claim at the cessation of doing business; and (c) The wage claim cannot otherwise be fully and promptly paid; and (d) The wage claim is valid; and (e) The amount claimed was earned within 60 days of the date of the cessation of business or if the claimant filed a wage claim before the cessation of business, the amount claimed was earned within 60 days before the last day the claimant was employed. (2) When the Commissioner obtains a judgment or issues a final order, including an order of determination that has become final, an employee is eligible for the payment of the amount of unpaid wages due pursuant to the judgment or final order from the Fund, except as provided in OAR 839-001-0520(3) and (4). Statutory/Other Authority: ORS 651.060(4) & Chapter 652 Statutes/Other Implemented: ORS 652.414 & House Bill 2818, 2021 History: BLI 1-2022, amend filed 03/21/2022, effective 04/01/2022 BLI 13-2021, temporary amend filed 08/06/2021, effective 08/06/2021 through 02/01/2022 BLI 13-1999, f. 9-28-99, cert. ef. 10-23-99 BL 9-1996, f. & cert. ef. 10-8-96 BL 2-1994, f. & cert. ef. 5-27-94 Reverted to BL 8-1989, f. & cert. ef. 10-12-89 BL 9-1993(Temp), f. & cert. ef. 9-13-93 BL 8-1989, f. & cert. ef. 10-12-89 BL 5-1986, f. 6-20-86, ef. 7-1-86
839-001-0515 Factors to Be Considered in Making Determinations Related to Eligibility for Payment from the Wage Security Fund When Employer Has Closed (1) In determining that an employer has ceased doing business the Commissioner may consider: (a) Whether the business premises are no longer occupied by the employer; (b) Whether business operations are being conducted; (c) Whether customers of the employer are being served; (d) Whether the employer is employing employees; (e) Any other information indicating whether the business has ceased its operations. (2) In determining that an employer is without sufficient assets to fully and promptly pay the wage claim at the cessation of business, the Commissioner may consider: (a) Whether the debts of the employer exceed the total amount of assets; (b) Whether the liquid assets of the employer are not sufficient to pay the wages due; (c) Whether the accounts receivable of the employer are not sufficient to pay the wages due; (d) Whether the claims of a secured creditor on the assets of the employer would exceed the amount due in wages; (e) Whether the employer has filed for protection under the Bankruptcy Code (The filing of bankruptcy in and of itself does not determine the insufficiency of assets.); (f) Whether the assets of the employer are in the process of being involuntarily liquidated; (g) Any other information indicating that the assets of the employer are insufficient to promptly pay the wage claim at the cessation of business. (3) In determining that a wage claim cannot otherwise be fully and promptly paid the Commissioner may consider: (a) Whether the employee has a right of claim against a bond or deposit held by the employer, which may be used for the purpose of paying wage claims; (b) Whether the business is in receivership and the type of receivership; (c) Whether there is a successor to the employer's business; (d) Any other information indicating that the wage claim cannot otherwise be fully and promptly paid. (4) In determining that the wage claim is valid the Commissioner may consider: (a) Whether there is judgment of the court; (b) Whether there is a final administrative order issued pursuant to statute or rule; (c) Whether the employer acknowledges the amount of wages owed; (d) The results of the Division's investigation of the wage claim; (e) Any other information indicating that the wage claim is valid. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 651.060(4), ORS 652.414, ORS 652.414(6) & ORS 652 Statutes/Other Implemented: House Bill 2818, 2021 History: BLI 1-2022, amend filed 03/21/2022, effective 04/01/2022 BLI 13-2021, temporary amend filed 08/06/2021, effective 08/06/2021 through 02/01/2022 BLI 26-2009, f. 12-1-09, cert. ef. 1-1-10 BL 5-1986, f. 6-20-86, ef. 7-1-86
839-001-0520 Amount of Claim to Be Paid from the Wage Security Fund (1) Except as provided in sections (3) and (4) of this rule, after a wage claim is determined to be eligible for payment from the Fund, the amount to be paid shall be: (a) The unpaid amount of wages earned within 60 days before the date of the cessation of business; or (b) If the claimant filed a wage claim before the cessation of business, the unpaid amount of wages earned within 60 days before the last day the claimant was employed. (2) Except as provided in sections (3) and (4) of this rule, when the Commissioner obtains a judgment or issues a final order, including an order of determination that has become final, the amount to be paid from the Fund shall be the amount of unpaid wages due pursuant to the judgment or final order. (3) The commissioner shall pay the amount of wages earned as provided in sections (1) and (2) only to the extent of $10,000. (4) When the amount of a valid wage claim determined to be eligible for payment is greater than the amount available in the Fund for paying such claims, payments on wage claims shall be prorated in accordance with OAR 839-001-0530. Statutory/Other Authority: ORS 651.060(4) & Chapter 652 Statutes/Other Implemented: ORS 652.414, OL CH. 444, 2019 & House Bill 2818, 2021 History: BLI 1-2022, amend filed 03/21/2022, effective 04/01/2022 BLI 13-2021, temporary amend filed 08/06/2021, effective 08/06/2021 through 02/01/2022 BLI 12-2019, amend filed 10/31/2019, effective 01/01/2020 BLI 26-2009, f. 12-1-09, cert. ef. 1-1-10 BLI 13-1999, f. 9-28-99, cert. ef. 10-23-99 BL 5-1986, f. 6-20-86, ef. 7-1-86
839-001-0525 Priority of Payments from the Wage Security Fund The Bureau shall pay from or encumber the Fund, on a monthly basis, the administrative and operating expenses incurred while carrying out the provisions of ORS 652.414, and these rules before paying wage claims. Statutory/Other Authority: ORS 652.414(6) Statutes/Other Implemented: ORS 652.414 History: BL 9-1996, f. & cert. ef. 10-8-96 BL 5-1986, f. 6-20-86, ef. 7-1-86
839-001-0530 Wage Security Fund Amount Available for Claim Payment: Prorating Claims When Insufficient Funds are Available (1) When the amount in the Fund is determined to be insufficient to pay in full all accumulated wage claims determined to be eligible for payment, such wage claims will be prorated. (2) The computation of prorated amount shall be made according to the following formula: (a) Amount Available for Payments divided by Total Amount of Eligible Wage Claims = Z (b) Eligible Amount of Individual Wage Claim times Z = Prorated Amount to Be Paid to Wage Claimant (3) Wage claims paid from the Fund on a prorated basis are limited to prorated amount paid, and no employee will be paid any additional amount on the same wage claim from the Fund. Statutory/Other Authority: ORS 652.414(6) Statutes/Other Implemented: ORS 652.414 History: BL 9-1996, f. & cert. ef. 10-8-96 BL 5-1986, f. 6-20-86, ef. 7-1-86