justicedao/ipfs_state_laws huggingface dataset:
839-017-0177 Publication of False, Misleading, or Fraudulent Information Prohibited No employment agency shall knowingly publish or cause to be published any false, fraudulent, or misleading information, representation, notice, or advertisement. The following are types of advertising which are considered false or misleading: (1) Exclusive listing in advertisements of jobs designated as “fee paid” by agencies which do not operate exclusively on the basis of no fee to the applicant for employment, in such manner as to give the false impression that all jobs handled by the agency are “fee paid” jobs. (2) Where both “fee” and “fee paid” jobs are listed, use of the phrases such as “100 percent free” or “all free” as column headings, so as to give the impression that the entire agency operation is on a “fee paid” basis. (3) Designating jobs as “fee paid” where this is true only if certain conditions are met. For example, jobs where the employer will pay the fee only if the applicant for employment stays on the job for a stipulated period of time, or jobs where the employer deducts the amount of the fee from the applicant’s salary, or where the employer will pay only a portion of the fee, or if the fee payment on the part of the employer is a negotiable item. (4) Use of the phrase “lowest fee” or similar words, where the agency’s fee is not in fact the lowest fee rate in effect in the area in which the agency does business. (5) Headlines or titles relating to fees, such as “Applicant Pays Fee” or “Fee Paid,” must be set in the same type of equal size and boldness, when an agency advertises both categories of jobs. (6) In group advertisements which contain both “Employer Pays Fee” and “Applicant Pays Fee” listings, all listings of each type shall be grouped together in a block under the respective title, or each listing must include a designation as to the source of the fee. (7) If an advertisement is of a job or jobs for which the employer pays the fee, and if the agency so advertised, the ad must state in type of equal size and boldness, that the agency also handles jobs for which the applicant for employment pays the fee if such is the case. (8) Ads worded so as to mislead the applicant for employment regarding the nature of the position advertised. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.195 History: BL 8-1988, f. & cert. ef. 5-16-88 BL 12-1978, f. & ef. 8-16-78 BL 200, f. 11-1-77, ef. 11-15-77 BL 157, f. 2-20-74, ef. 3-15-74 BL 156(Temp), f. 2-20-74, ef. 3-1-74 BL 149(Temp), f. 10-30-73, ef. 11-1-73
839-017-0178 Advertising Must Be Factual All advertising must be factual as to the requirements of the job. Sufficient information must be contained in each ad to indicate the nature, terms and conditions of the position. Omission of unusual or special job requirements and characteristics or of the amount of wages to be paid is considered misleading or fraudulent. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.195 History: BL 8-1988, f. & cert. ef. 5-16-88 BL 200, f. 11-1-77, ef. 11-15-77 BL 157, f. 2-20-74, ef. 3-15-74 BL 156(Temp), f. 2-20-74, ef. 3-1-74 BL 149(Temp), f. 10-30-73, ef. 11-1-73
839-017-0271 Enforcement Actions against Bonds or Deposits Generally (1) The action on the bond or letters of credit maintained by the employment agency may not be joined in a suit or action on the bond brought for any other claim. (2) Any person seeking to recover on the bond must first establish the employment agency’s liability. The liability may be established in any of the following ways: (a) A judgment of the court; (b) A final administrative order issued pursuant to statute or rule; (c) The acknowledgment of the employment agency of such liability; (d) Other satisfactory evidence of liability as may be shown which establishes the liability. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.005 - 658. 245 History: BL 6-1997, f. & cert. ef. 11-13-97 BL 8-1988, f. & cert. ef. 5-16-88 BL 10-1987(Temp), f. 9-3-87, cert. ef. 10-1-87
839-017-0272 Filing Claims Against Bonds or Letters of Credit Maintained by the Employment Agency; Time for Filing Claims (1) Claims against the bond will not be paid unless the claimant or claimant’s assignee gives notice of the claim by certified mail to the surety. (2) Any claim or Notice of Claim filed pursuant to a claimant’s right of action must be filed as follows: If the filing is against a surety bond, the claim or notice must be filed with the surety. The name and address of the surety may be obtained from the employment agency. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.005 - 658.245 History: BL 6-1997, f. & cert. ef. 11-13-97 BL 8-1988, f. & cert. ef. 5-16-88
839-017-0274 Violations for Which a Civil Penalty May Be Imposed The Commissioner may impose a civil penalty not to exceed $2,000 against any person, firm, organization, limited liability company or corporation for violations of any of the following statutes, rules or orders: (1) Violation of any provision of ORS 658.005 to 658.245. (2) Violation of any provision of OAR 839-017-0000 to 839-017-0477. (3) Violation of any term or condition of an Order of the Commissioner issued pursuant to any violation of ORS 658.005 to 658.245 and OAR 839-017-0000 to 839-017-0477. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.005 - 658.245 History: BL 6-1997, f. & cert. ef. 11-13-97 BL 8-1988, f. & cert. ef. 5-16-88
839-017-0275 Violations Separate and Distinct Each violation 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 658.210 Statutes/Other Implemented: ORS 658.115 History: BL 8-1988, f. & cert. ef. 5-16-88
839-017-0276 Definition of “Acting Knowingly” As used in OAR 839-017-0274 to 839-017-0280, a person acts knowingly when the person has actual knowledge of a thing to be done or omitted or should have known the thing to be done or omitted. A person should have known the thing to be done or omitted if the person has knowledge of facts or circumstances that would place the person on reasonably diligent inquiry. A person acts knowingly if the person has the means to inform himself or herself but elects not to do so. For purposes of this rule, a person, firm, organization, limited liability company or corporation is presumed to know the affairs of the employment agency. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.005 - 658.245 History: BL 6-1997, f. & cert. ef. 11-13-97 BL 8-1988, f. & cert. ef. 5-16-88 BL 200, f. 11-1-77, ef. 11-15-77 BL 157, f. 2-20-74, ef. 3-15-74 BL 156-1974(Temp), f. 2-20-74, ef. 3-1-74 BL 150-1973(Temp), f. 12-13-73, ef. 12-15-73
839-017-0277 Criteria to Determine Civil Penalty to Be Imposed (1) The Commissioner shall consider the following mitigating and aggravating circumstance when determining the amount of any civil penalty to be imposed against an employment agency and shall cite those the Commissioner finds to be applicable: (a) The actions of the employment agency in responding to previous violations of statutes and rules. (b) Prior violations, if any, of statutes or rules. (c) The opportunity and degree of difficulty to comply. (d) Magnitude and seriousness of violation. (e) Whether the employment agency knew or should have known of the violation. (2) It shall be the responsibility of the employment agency to provide the Commissioner with evidence of any mitigating and aggravating circumstances set out in section (1) of this rule. (3) In arriving at the actual amount of the civil penalty, the Commissioner shall consider the amount of money, if any, taken from an applicant for employment by the employment agency in violation of any statute or rule. (4) Notwithstanding any other section of this rule, the Commissioner shall consider all mitigating and aggravating circumstances presented by the employment agency for the purpose of reducing the amount of the civil penalty to be imposed. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.005 - 658.245 History: BL 6-1997, f. & cert. ef. 11-13-97 BL 8-1988, f. & cert. ef. 5-16-88 BL 200, f. 11-1-77, ef. 11-15-77 BL 157, f. 2-20-74, ef. 3-15-74 BL 156-1974(Temp), f. 2-20-74, ef. 3-1-74 BL 150-1973(Temp), f. 12-13-73, ef. 12-15-73
839-017-0376 Disputes Between Agencies and Their Employees In order to properly settle any complaints that may arise and in order to establish all sums legally owed to any employee of the employment agency, the employment agency: (1) Will maintain employment records of all employees for three years. These records will include the original application for employment with the agency and will indicate starting date of employment, rate of pay and/or rate of commission and method of compensation, and date of termination of employment if applicable. (2) Shall retain for three years copies of all contracts signed with employees of the agency relative to conditions of employment. (3) Will indicate on all receipts of moneys received from applicants in payments of fees, the name of employee or agent of the employment agency responsible for placement of applicant. (4) Will give to each employee on payroll checks, or by separate document, a record of commissions or other sums earned and paid in full or in part during each payroll period established by the employer or at least every 35 days if no more frequent payroll period has been established. (5) Canceled payroll checks, and state and federal tax reports shall be retained as required by State and Federal law. (6) Records required by Fair Labor Standards Act (FLSA) and Oregon’s minimum wage law must be kept for a period of three years on all employees regardless of the type of specific agreement for compensation between the agency and its employees. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.005 - 658.245 History: BL 6-1997, f. & cert. ef. 11-13-97 BL 200, f. 11-1-77, ef. 11-15-77 BL 157, f. 2-20-74, ef. 3-15-74 BL 156(Temp), f. 2-20-74, ef. 3-1-74 BL 150(Temp), f. 12-13-73, ef. 12-15-73
839-017-0476 Time for Maintenance of Records (1) Except as provided in section (2) of this rule, all records of the employment agency will be maintained for a period of three years. (2) Copies of all job advertisements with the information required by OAR 839-017-0477(6) thereon shall be maintained for a period of one year. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.078 History: BL 8-1988, f. & cert. ef. 5-16-88 BL 200, f. 11-1-77, ef. 11-15-77 BL 157, f. 2-20-74, ef. 3-15-74 BL 156(Temp), f. 2-20-74, ef. 3-1-74 BL 150(Temp), f. 12-13-73, ef. 12-15-73
839-017-0477 Method of Maintaining Records (1) All records of the agency pertaining to a job referral, and placement of an applicant for employment shall be maintained together or adequately cross-indexed for easy retrieval by the Bureau of Labor and Industries. This includes, but is not limited to, the applications, contract, addendums to contracts, reference information (employment, personal, or credit), and a copy of all job orders and job referral documents. (2) A separate file shall be maintained for applicants for employment placed by the agency, either alphabetically, or by adequate cross-index for easy retrieval for the Bureau of Labor and Industries. (3) If the applicant for employment has been placed by the agency, the name of the employer, the starting date of employment, the amount of starting salary, the amount of the fee charged, and whether the fee is paid by the employer or the applicant shall be written on the application or appended to the application. (4) An adequate file or log of job orders shall be maintained in chronological order. If an agency wishes, it may have a separate file for “fee paid” orders. When a job order position is filled by the agency, the true name as it appears on the contract of the individual who obtained the job, the date the job was filled, and the fee charged for the service will be appended to the job order. (5) Each agency shall keep a record of all receipts of money received from an applicant for employment in payment of a charge for service. The receipts shall be filed together or adequately cross-indexed for easy retrieval for the Bureau of Labor and Industries. All receipts or evidence of refunds shall be filed with the receipts showing payment of a charge for service or adequately cross-indexed for easy retrieval for the Bureau of Labor and Industries. (6) Each agency shall keep copies of all job advertisements correlated to show the date and the publication in which the advertisement appeared together with the job order number of each job advertised. (7) When the charge for services of the employment agency is not made to or collected from individuals seeking or obtaining employment, for purposes of ORS 658.005 to 658.245 the agency is not required to keep records of contracts or receipts of moneys in connection with the placement of such individuals. Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.078 History: BL 8-1988, f. & cert. ef. 5-16-88 Reverted to BL 12-1978, f. & ef. 8-16-78 BL 10-1987(Temp), f. 9-3-87, ef. 10-1-87 BL 12-1978, f. & ef. 8-16-78 BL 200, f. 11-1-77, ef. 11-15-77 BL 157, f. 2-20-74, ef. 3-15-74 BL 156(Temp), f. 2-20-74, ef. 3-1-74 BL 150(Temp), f. 12-13-73, ef. 12-15-73
839-017-0505 Fees Charged by Employment Listing Services (1) Before collecting a fee from an individual, Employment Listing Services must comply with the following provisions: (a) The Employment Listing Service must publish a schedule of its fees; and (b) The Employment Listing Service must provide a copy of its schedule of fees to the individual. (2) The schedule of fees required in this section may be incorporated in the contract between an Employment Listing Service and individual or may be a separate document incorporated by reference in the contract required by OAR 839-017-0500. (3) Employment Listing Service fee schedules must include the following information: (a) The effective dates of the fee schedule; (b) The specific services provided by the Employment Listing Service and fee for each service; (c) When fees are required to be paid to an Employment Listing Service by an individual; (d) The circumstances under which any additional fees may be charged by an Employment Listing Service to an individual; (e) Any payment terms, including any interest charges which may be assessed; and (f) The following statement: "In addition to the penalties provided under ORS 658.115 and 658.991, an employment listing service shall forfeit any fees received from an individual if the employment listing service fails to provide to the individual a copy of: (A) The fee schedule that the employment listing service charges; (B) All contracts entered into between the employment listing service and the individual; and (C) Any changes in the fees that the employment listing service charges an individual who uses its service." (4) Notwithstanding the provisions of OAR 839-017-0505(3)(f), if the schedule of fees is included in the contract as provided in OAR 839-017-0505(2), the statement required by OAR 839-017-0505(3)(f) is only required once in the contract. Statutory/Other Authority: ORS 658.210 & SB 341 (2003 Legislature) Statutes/Other Implemented: ORS 658.005 - 658.991 History: BLI 6-2003, f. 12-31-03, cert. ef. 1-1-04
839-017-0510 Confirmation of Position Availability by Employment Listing Services (1) Employment Listing Services must confirm and document in writing the availability of positions included in the information provided to individuals at least once every ten business days. (2) Employment Listing Services must document in writing the following information for each position listing published and confirmed thereafter: (a) The name and address of the company where the position is located; (b) The date the information regarding the position is received by the Employment Listing Service; (c) The name, title, and telephone number of the person providing the position information to the Employment Listing Service; (d) The name of the Employment Listing Service representative receiving the information about the position; (e) The job title of the position; (f) The requirements of the position; (g) Whether the position is "full time" (32 or more hours/week) or "part time" (fewer than 32 hours/week); (h) The location of the position; (i) The salary, hourly pay rate, or salary or hourly pay range for the position; and (j) How individuals may apply for the position. (3) Employment Listing Services must remove a listing from any and all of its publications by the end of the first business day after receiving notice that the position is no longer available. (4) Employment Listing Services must retain copies of the information obtained about positions for no less than one year from the date the information is obtained. Statutory/Other Authority: ORS 658.210 & SB 341 (2003 Legislature) Statutes/Other Implemented: ORS 658.005 - 658.991 History: BLI 6-2003, f. 12-31-03, cert. ef. 1-1-04
839-017-0515 Employment Listing Services Required to be Registered Employment Listing Services must be actively registered with the Corporation Division of the Oregon Secretary of State’s Office. Statutory/Other Authority: ORS 658.210 & SB 341 (2003 Legislature) Statutes/Other Implemented: ORS 658.005 - 658.991 History: BLI 6-2003, f. 12-31-03, cert. ef. 1-1-04
839-017-0520 Employment Listing Service Fee Forfeiture Provisions In addition to the penalties provided under ORS 658.115 and 658.991, an Employment Listing Service shall forfeit any fees received as a result of any violation of the following provisions: (1) Failure to provide a copy of the fee schedule that the Employment Listing Service charges an individual for its services to the individual; (2) Failure to provide a copy of the contract entered into between an Employment Listing Service and an individual to the individual; or (3) Failure to provide a copy of any changes in the fees that the Employment Listing Service charges an individual who uses its services to the individual. Statutory/Other Authority: ORS 658.210 & SB 341 (2003 Legislature) Statutes/Other Implemented: ORS 658.005 - 658.991 History: BLI 6-2003, f. 12-31-03, cert. ef. 1-1-04
839-019-0000 Notice of Proposed Rules Prior to the permanent adoption, amendment or repeal of any rule relating to civil penalties for child labor violation matters, the Wage and Hour Division of the Bureau of Labor and Industries shall give notice of intended action as required in OAR 839-002-0002. Statutory/Other Authority: ORS 651.060(4) & 653.305 - 653.545 Statutes/Other Implemented: ORS 183.335 History: BLI 9-2004, f. 7-26-04, cert. ef. 7-27-04 BL 5-1988, f. & cert. ef. 4-12-88
839-019-0004 Definitions As used in ORS 653.365 to 653.370 and in these rules, unless the context requires otherwise: (1) "Bureau" means the Bureau of Labor and Industries of the State of Oregon. (2) "Commissioner" means the Commissioner of the Bureau of Labor and Industries or designee. (3) "Employ" has the meaning given that term in ORS 653.010. (4) "Employer" has the meaning given that term in ORS 653.010. (5) "Employment Certificate" means the employment certificate issued to employers for the employment of minors pursuant to ORS 653.307 and the employment permits referred to in ORS chapter 653 and rules adopted thereunder. (6) "Minor" means any person under 18 years of age. (7) "Person" includes the term "employer" as defined in section (4) of this rule and school districts required to comply with ORS 653.307. (8) "Violation" means a transgression of any statute, rule or order, or any part thereof, and includes both acts and omissions. (9) “Willful” means intentional and includes failure to act. A person commits a willful act when the person knows what the person is doing, intends to do what the person is doing and is a free agent. Willfulness does not require malice. Statutory/Other Authority: ORS 651.060, ORS 653.370 & ORS 653.400 Statutes/Other Implemented: ORS 653.370 History: BLI 18-2024, amend filed 08/02/2024, effective 08/03/2024 BLI 7-2013, f. 12-18-13, cert. ef. 1-1-14 BL 5-1988, f. & cert. ef. 4-12-88
839-019-0010 Violations for Which a Civil Penalty May Be Imposed The Commissioner may impose a civil penalty for violations of any of the following statutes, administrative rules and orders: (1) Violation of any provision of ORS 653.305 to 653.370. (2) Violation of any provision of OAR 839-021-0001 to 839-021-0500. (3) Violation of any term or condition of an Order issued pursuant to any violation of ORS 653.305 to 653.370 and OAR 839-021-0001 to 839-021-0500. Statutory/Other Authority: ORS 651.060(4) & 653.525 Statutes/Other Implemented: 2013 SB 135 & ORS 653.370 History: BLI 7-2013, f. 12-18-13, cert. ef. 1-1-14 BL 5-1988, f. & cert. ef. 4-12-88
839-019-0015 Violations Separate and Distinct Each violation 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 & 653 Statutes/Other Implemented: ORS 653.370 History: BL 5-1988, f. & cert. ef. 4-12-88
839-019-0100 Exemptions The provisions of OAR 839-019-0000 to 839-019-0025 do not apply when minors are employed under the following circumstances: (1) The minor is employed by the parent of the minor; (2) The minor is employed by a person standing in the place of the parent of the minor and who has custody of the minor. For minors employed in agriculture, “a person standing in the place of the parent of the minor” is defined by OAR 839-021-0297(2). Statutory/Other Authority: ORS 651.060(4) & 653.525 Statutes/Other Implemented: 2013 SB 135 & ORS 653 History: BLI 7-2013, f. 12-18-13, cert. ef. 1-1-14 BL 7-1997, f. & cert. ef. 11-13-97 BL 5-1988, f. & cert. ef. 4-12-88
839-020-0000 Notice of Proposed Rule Prior to the adoption, amendment, or repeal of any rule relating to minimum wages, overtime and working conditions matters, the Bureau of Labor and Industries will give notice of the proposed adoption, amendment, or repeal as required in OAR 839-002-0002. Statutory/Other Authority: ORS 653 Statutes/Other Implemented: ORS 183 History: BLI 1-2002, f. & cert. ef. 1-9-02 BL 9-1996, f. & cert. ef. 10-8-96 BL 1-1987, f. & ef. 1-12-87
839-020-0010 Payment of Minimum Wages — Generally (1) Unless exempt under ORS 653.020, an employer is required to pay each employee it employs in the state no less than the minimum rate(s) of wage for the applicable region(s) as specified in ORS 653.025 and OAR 839-020-0011 for each hour worked by the employee. (2) Employees shall be paid no less than the applicable minimum wage for all hours worked, which includes "work time" as defined in ORS 653.010(11). If in any pay period the combined wages of the employee are less than the applicable minimum wage, the employer shall pay, in addition to sums already earned, no less than the difference between the amounts earned and the minimum wage as prescribed by the appropriate statute or administrative rule. (3) Employers may include commission and bonus payments to employees when computing the minimum wage. Such commission or bonus payment may only be credited toward employees' minimum wages in the pay periods in which they are received. Statutory/Other Authority: ORS 651.060(4) & 653.040, OL Ch. 012 & 2016 Statutes/Other Implemented: OL Ch. 012, 2016 & ORS 653.025 History: BLI 4-2016, f. 6-15-16, cert. ef. 7-1-16 BL 9-1996, f. & cert. ef. 10-8-96 BL 10-1990, f. & cert. ef. 7-26-90 BL 1-1990, f. 2-27-90, cert. ef. 2-28-90 BL 1-1987, f. & ef. 1-12-87