justicedao/ipfs_state_laws huggingface dataset:
839-015-0350 Contractor to File Work Agreements between Labor Contractor and Farmers and Others (1) Labor contractors are required to file information relating to their agreements with construction property owners or farmers with the Bureau. (2) The Commissioner has developed Form WH-152 that may be used to comply with this rule. Labor contractors may use any form for filing the information so long as it contains all the elements of Form WH-152. (3) Labor contractors must file this information with the Bureau by April 30 of each year. Amended or updated information may be filed at any time. All information must be filed with the Bureau of Labor and Industries, Wage and Hour Division, License Unit, 3865 Wolverine Street, NE, Bldg. E-1, Salem, OR 97305. Statutory/Other Authority: ORS 164, 165, 651, 658.407(3) & 962 Statutes/Other Implemented: ORS 658.440(1)(e) History: BLI 13-2014, f. 11-14-14, cert. ef. 7-1-15 BLI 28-2005, f. 12-29-05, cert. ef. 1-1-06 BLI 7-2000, f. & cert. ef. 2-23-00 BL 3-1990, f. & cert. ef. 3-1-90 BL 6-1984, f. & ef. 4-27-84
839-015-0355 Property Services Contractor Work Locations, Employee Counts and Demographic Information (1) Property services contractors are required to file the following information with the Bureau together with any application for a license or renewal of a property services contractor license: (a) The total number of workers the property services contractor employs, as defined by ORS 653.010(2), to perform janitorial services. (b) The physical address of the work location or locations where the property services contractor employs, as defined by ORS 653.010(2), workers to perform janitorial services. (c) A summary of any demographic data that is voluntarily provided by workers whom the property services contractor employs in janitorial services relating to race, sex, sexual orientation, national origin, marital status and age. (2) All information must be filed with the Bureau of Labor and Industries, Wage and Hour Division, License Unit, 3865 Wolverine Street, NE, Bldg. E-1, Salem, OR 97305. Statutory/Other Authority: ORS 658 & ORS 651 Statutes/Other Implemented: ORS 658.427 History: BLI 19-2018, amend filed 09/12/2018, effective 09/14/2018 BLI 7-2018, temporary amend filed 03/13/2018, effective 03/13/2018 through 09/08/2018 BLI 4-2017, adopt filed 11/30/2017, effective 01/01/2018
839-015-0370 Contractor to Furnish Statement of Earnings and Statement of Prevailing Wage (1) Labor contractors are required to furnish each worker, each time the worker receives a compensation payment from the contractor, a written itemized statement of earnings. The written itemized statement must include: (a) The total gross payment being made; (b) The amount and purpose of each deduction from the gross payment; (c) The total number of hours worked during the time covered by the gross payment; (d) The rate of pay; (e) If the worker is paid on a piece rate, the number of pieces done and the rate of pay per piece done; (f) The net amount paid after any deductions; (g) The employer's name, address and telephone number; (h) The pay period for which the payment is made. (2) If the worker is being paid for work done under any law which requires the payment of a prevailing rate of wage (such as the Federal Service Contract Act, Davis-Bacon Act or state prevailing wage law), labor contractors must furnish the worker with a written statement specifying the amount of the prevailing wage rate required to be paid. (3) The commissioner has prepared Form WH-154 which contains all the elements required by, and can be used to comply with, this rule. Labor contractors may use any form for furnishing this information to workers so long as it contains all the elements of Form WH-154. Statutory/Other Authority: ORS 651 & 658 Statutes/Other Implemented: ORS 658.405 - 658.503 History: BLI 13-2014, f. 11-14-14, cert. ef. 7-1-15 BLI 12-2001, f. 8-31-01, cert. ef. 9-1-01 BL 2-1996, f. & cert. ef. 1-9-96 BL 6-1984, f. & ef. 4-27-84
839-015-0410 Records Availability Labor Contractors will make available to representatives of the Wage and Hour Division records necessary to determine compliance with ORS 658.405 to 658.475 and these rules. Records will be made available upon request of such representatives. Statutory/Other Authority: ORS 651 & 658.407(3) Statutes/Other Implemented: ORS 658.405 - 658.503 History: BLI 13-2014, f. 11-14-14, cert. ef. 7-1-15 BL 6-1984, f. & ef. 4-27-84
839-015-0450 Notice of Compliance with Bond Requirements (1) Every labor contractor is required to post a notice of compliance with bond requirements in English and in any language used by the contractor to communicate with the contractor's workers. The notice must be posted in a conspicuous place on the job site where the contractor's employees are working and must be easily accessible to them. (2) The notice shall state that the contractor is either exempt from bond requirements or has complied with ORS 658.415 by obtaining a corporate surety bond or by making a deposit with the commissioner. The notice shall also indicate the amount of the surety bond or deposit and the expiration date of the bond or deposit, and that the surety bond or deposits are conditioned on the payment of wages and advances made by construction property owners, farmers or owners or lessees of land intended to be used for the production of timber. (3) The notice shall contain the name and Oregon address of the surety on the bond, if applicable, or the address of the bureau when a deposit is made with the commissioner. (4) The commissioner has prepared a notice (WH-155) in English and Spanish which complies with this rule. Contractors may use any form or notice so long as it contains all the elements of Form WH-155. Statutory/Other Authority: ORS 164, 165, 651 & 658 Statutes/Other Implemented: ORS 658.405 - 658.503 History: BLI 4-2017, amend filed 11/30/2017, effective 01/01/2018 BLI 13-2014, f. 11-14-14, cert. ef. 7-1-15 BL 2-1996, f. & cert. ef. 1-9-96 BL 3-1990, f. & cert. ef. 3-1-90 BL 6-1984, f. & ef. 4-27-84
839-015-0502 Contractor to Pay Food and Lodging Expenses of Workers Who Travel Prior to the Availability of Employment (1) When a worker is recruited or solicited for work and the worker is required to travel from one place to another before there is work available, the labor contractor shall furnish to the worker, at no cost to the worker, food and lodging until the work begins. The contractor shall provide, without cost to the worker, the following: (a) Lodging facilities which comply with the provisions ORS Chapter 654 and the rules adopted thereunder; and (b) An adequate supply of food to feed the worker at least twice in a 24 hour period. (2) The lodging facilities and adequate supply of food referred to in section (1) of this rule shall be provided by the contractor to the worker at no cost to the worker for as long as the worker must wait for work to become available. (3) The worker may not be charged the cost of food and lodging provided pursuant to section (1) of this rule before or after the worker starts work. (4) As used in this rule an "adequate supply of food" means an amount and variety of food sufficient to meet commonly accepted daily nutritional requirements for adults, minors, males or females, as the case may be. Statutory/Other Authority: ORS 164, 165, 651 & 658 Statutes/Other Implemented: ORS 658.405 - 658.503 History: BLI 4-2017, amend filed 11/30/2017, effective 01/01/2018 BLI 13-2014, f. 11-14-14, cert. ef. 7-1-15 BL 2-1996, f. & cert. ef. 1-9-96 BL 3-1990, f. & cert. ef. 3-1-90
839-015-0503 Contractor to Pay Certain Transportation Costs When a worker arrives at a place of employment pursuant to OAR 839-015-0502(1), and work is not available to that worker within 30 days of the date the work was represented to begin, the contractor shall: (1) Refund to the worker, all sums paid to the contractor by the worker. (2) Provide to the worker cash or a negotiable instrument in an amount sufficient to pay for one of the following circumstances: (a) The cost of transportation, including the cost of meals and lodging while in transit, to return the worker to the place where the worker left as a result of the recruitment or solicitation; or (b) At the option of the worker, the cost of transportation, including meals and lodging while in transit to any other worksite selected by the worker, but no greater amount need be paid than the amount specified in subsection (a) of this section. Statutory/Other Authority: ORS 164, 165, 651, 658.440(2)(c) & 962 Statutes/Other Implemented: ORS 658.440(2)(c) History: BL 3-1990, f. & cert. ef. 3-1-90
839-015-0504 Application of OAR 839-015-0502 and 839-015-0503 Limited (1) OAR 839-015-0502 and 839-015-0503 do not apply to workers who, pursuant to 839-015-0502(1), arrive at a place of employment before the date instructed by the contractor or agreed to by the worker and the contractor. The provisions of such rules are applicable only on and after the date agreed upon, when no work is available on that date. (2) OAR 839-015-0502 and 839-015-0503 do not apply to workers who have been provided housing or employment and who have not otherwise been recruited or solicited by the contractor or the contractor’s agent prior to the arrival of the worker at the place of housing or employment. Statutory/Other Authority: ORS 164, 165, 651, 658.440(2)(c) & 962 Statutes/Other Implemented: ORS 658.440(2)(c) History: BL 3-1990, f. & cert. ef. 3-1-90
839-015-0505 Definitions for Civil Penalties As used in OAR 839-015-0505 to 839-015-0530: (1) "Knowingly" or "willfully" means action undertaken with actual knowledge of a thing to be done or omitted or action undertaken by a person who 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 which, with reasonably diligent inquiry, would place the person on notice of the thing to be done or omitted to be done. A person acts knowingly or willfully if the person has the means to inform himself or herself but elects not to do so. For purposes of this rule, the farm labor contractor, forest labor contractor or any person acting as a farm or forest labor contractor is presumed to know the affairs of their business operations relating to farm or forest labor contracting. (2) "Violation" means a transgression of any statute or rule, or any part thereof and includes both acts and omissions. Statutory/Other Authority: ORS 651 & 658 Statutes/Other Implemented: ORS 658.405 - 658.503 History: BLI 12-2001, f. 8-31-01, cert. ef. 9-1-01 BL 2-1996, f. & cert. ef. 1-9-96 BL 16-1988, f. & cert. ef. 12-13-88 BL 11-1988(Temp), f. & cert. ef. 6-17-88
839-015-0507 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 & 658.407(3) Statutes/Other Implemented: ORS 658.405 - 658.503 History: BL 16-1988, f. & cert. ef. 12-13-88 BL 11-1988(Temp), f. & cert. ef. 6-17-88
839-015-0509 Inspection of Contractor’s License or Temporary Permit A person to whom an unlicensed labor contractor provides workers violates ORS 658.437(2) when the person or person's agent did not, prior to allowing work to be performed on any contract or agreement with the contractor: (1) Inspect the contractor's apparently valid labor contractor's license or temporary permit that has not expired and identify the contractor providing the workers as the same individual whose photo appears on the license or temporary permit; and (2) Retain a copy of the license or temporary permit provided to the person or the person's agent by the contractor. Statutory/Other Authority: ORS 658.407 Statutes/Other Implemented: ORS 658.405 - 658.503 History: BLI 4-2017, amend filed 11/30/2017, effective 01/01/2018 BLI 13-2014, f. 11-14-14, cert. ef. 7-1-15 BLI 40-2007, f. 12-28-07, cert. ef. 1-1-08
839-015-0510 Criteria for Determining a Civil Penalty (1) The commissioner may consider the following mitigating and aggravating circumstances when determining the amount of any civil penalty to be imposed, and shall cite those the commissioner finds to be appropriate: (a) The history of the contractor or other person 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 contractor or other person knew or should have known of the violation. (2) It shall be the responsibility of the contractor or other person to provide the commissioner any mitigating evidence concerning the amount of the civil penalty to be imposed. (3) In arriving at the actual amount of the civil penalty, the commissioner shall consider the amount of money or valuables, if any, taken from employees or subcontractors by the contractor or other person 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 contractor or other person for the purpose of determining the amount of the civil penalty to be imposed. Statutory/Other Authority: ORS 651 & 658 Statutes/Other Implemented: ORS 658.405 - 658.503 History: BLI 4-2017, amend filed 11/30/2017, effective 01/01/2018 BL 2-1996, f. & cert. ef. 1-9-96 BL 16-1988, f. & cert. ef. 12-13-88 BL 11-1988(Temp), f. & cert. ef. 6-17-88 BL 6-1984, f. & ef. 4-27-84
839-015-0512 Schedule of Civil Penalties (1) The civil penalty for any one violation shall not exceed $2,000. The actual amount of the civil penalty will depend on all the facts and on any mitigating and aggravating circumstances. (2) For purposes of this rule, "repeated violations" means violations of a provision of law or rule which have been violated on more than one contract within two years of the date of the most recent violation. (3) When the Commissioner determines to impose a civil penalty for acting as a labor contractor without a valid license the minimum civil penalty shall be as follows: (a) $500 for the first violation; (b) $1,000 for the first repeated violation; (c) $2,000 for the second and each subsequent repeated violation. (4) The civil penalty for all other violations shall be set in accordance with the determinations and considerations referred to in OAR 839-015-0510. (5) The civil penalties set out in this rule are in addition to any other penalty assessed by law or rule. Statutory/Other Authority: ORS 658.407 & ORS 651 Statutes/Other Implemented: ORS 658.453 History: BLI 4-2017, amend filed 11/30/2017, effective 01/01/2018 BLI 13-2014, f. 11-14-14, cert. ef. 7-1-15 BLI 12-2001, f. 8-31-01, cert. ef.9-1-01 BL 5-1996, f. 6-14-96, cert. ef. 7-1-96 BL 16-1988, f. & cert. ef. 12-13-88 BL 11-1988(Temp), f. & cert. ef. 6-17-88
839-015-0600 Procedure for Filing Civil Action under ORS 658.453 (1) Any worker who wishes to file a civil action pursuant to ORS 658.453 must file a complaint with the Bureau. (2) The complaint must be in writing and contain the names of the persons or entities against whom the complaint is filed. A copy of the proposed complaint to be filed with the court may, if available, be attached to the complaint filed with the Bureau. The worker filing the complaint with the Bureau may also state whether the worker intends to pursue a private civil court action. (3) The complaint is considered filed with the Bureau on the date that it is mailed to the Bureau or the date it is emailed to the Administrator of the Wage and Hour Division. (4) The complaint that is filed with the Bureau should be filed prior to the filing in court of a civil complaint pursuant to ORS 658.453. However, if the complaint filed with the Bureau is not filed prior to the filing of a complaint in court but is done so before the entry of a final judgment, it shall be considered to be filed timely for purposes of ORS 658.453. Statutory/Other Authority: ORS 651.060 & ORS 658.450 Statutes/Other Implemented: ORS 658.405 - 658.511 History: BLI 1-2024, amend filed 01/04/2024, effective 01/04/2024 BLI 28-2005, f. 12-29-05, cert. ef. 1-1-06 BL 2-1996, f. & cert. ef. 1-9-96 BL 16-1988, f. & cert. ef. 12-13-88
839-015-0605 Knowingly Using the Services of an Unlicensed Contractor (1) Pursuant to ORS 658.465(1), any person who knowingly uses the services of an unlicensed labor contractor is personally, jointly and severally liable with the person acting as a to the same extent and same manner as provided in 658.453(4). (2) A person knowingly uses the services of an unlicensed labor contractor in violation of ORS 658.465(1), if the person: (a) Uses the services of a person acting as a labor contractor and the person actually knows that the contractor does not have a valid license to act as a labor contractor; or (b) Allows work to be performed on any contract or agreement with an unlicensed labor contractor without first complying with the provisions of ORS 658.437(2) and OAR 839-015-0509. Statutory/Other Authority: ORS 651 & ORS 658.407(3) Statutes/Other Implemented: ORS 658.465(1) History: BLI 5-2017, amend filed 11/30/2017, effective 01/01/2018 BLI 13-2014, f. 11-14-14, cert. ef. 7-1-15 BLI 4-2008, f. & cert. ef. 3-10-08 BLI 12-2001, f. 8-31-01, cert. ef. 9-1-01 BL 16-1988, f. & cert. ef. 12-13-88
839-015-0610 Actions Under ORS 658.475 for Injunctive or Declaratory Relief and Damages (1) Any person, including any worker, who wishes to file a civil action pursuant to ORS 658.475 may do so. The person is not required to file a complaint with the Bureau. However, if a person filing the action desires to notify the Bureau, the person may do so by sending a copy of the complaint that the person filed with the court to the Bureau. (2) The damages provided for in ORS 658.475 are in addition to damages provided for in any other statute including, but not limited to, ORS 658.453. Statutory/Other Authority: ORS 651.060 Statutes/Other Implemented: ORS 658.405 - 658.511 History: BLI 1-2024, amend filed 01/04/2024, effective 01/04/2024 BLI 28-2005, f. 12-29-05, cert. ef. 1-1-06 BL 2-1996, f. & cert. ef. 1-9-96 BL 16-1988, f. & cert. ef. 12-13-88
839-017-0011 Contents of Contracts between Employment Agencies and Applicants for Employment (1) All employment agencies making a charge for service to the applicant for employment, either directly or indirectly, must have a written contract with the applicant for employment which contains the requirements set out in ORS 658.005 to 658.245. (2) The contract shall contain a schedule of maximum service charges. When the agency places applicants for employment in permanent employment (as defined in ORS 658.185(1)(a)), temporary employment (as defined in 658.185(1)(b)) or in employment compensated on a commission basis, the schedule shall contain separate sections pertaining to the types of employment in which applicants for employment are placed. However, separate sections are required only when the agency makes placements in more than one type of employment. (3) See Appendix 1 for an example of a contract which complies with this rule. [ED. NOTE: Appendices referenced are available from the agency.] Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.005 - 658.245 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
839-017-0012 Additional Requirements for Contracts between Employment Agencies and Applicants for Employment In addition to the requirements of the statutes included in OAR 839-017-0011, the following contract clauses must be in all contracts between the employment agency and an applicant for employment who may be responsible for the agency’s charge for services either directly or indirectly: (1) “A refund, when due, shall be made within ten (10) days after notice of termination of the applicant’s employment has been received by the agency.” (2) “If my employment lasts less than ninety (90) calendar days, _____ (agency) _____ shall reduce the service charge so that it will not exceed one-ninetieth of the charge for permanent employment for each consecutive calendar day during the period I am employed or compensated as though employed.” (3) “I understand I shall be responsible for only one full fee for any single placement whether or not employment is secured through the assistance of more than one employment agency.” Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.165 & 658.185 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
839-017-0013 Contract Requirements When Employment Compensation Is Based on Commission In addition to the requirements of OAR 839-017-0011 and 839-017-0012, the following clauses are required to be in all contracts between agencies and applicants for employment when placements are made or to be made on commission positions: (1) “Should proof be presented after six months and/or twelve months of employment that the estimates of total gross earnings were inaccurate, _____ (agency) _____ shall refund to the applicant any excess charges paid by him, or the applicant shall pay to _____ (agency) _____ any deficiency in charges.” (2) “If the applicant’s compensation is based on commission and his employment is terminated prior to the conclusion of the first twelve months of employment, the actual total gross earnings of the applicant for the period of employment shall be projected to twelve months on a pro-rata basis as though the applicant had been employed for the entire period of twelve months, and a computation shall be made thereon. The adjusted charge for services by the applicant shall be predicated upon such computation.” Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.185 History: 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
839-017-0025 Contract Clauses or Statements That Are Not Required but May Be Included The following clauses or statements are not required to be in any contract between the employment agency and the applicant for employment who may be responsible for the agency’s charge for service directly or indirectly, but so long as consistent with other required or permissible clauses, may be included in the contract between the employment agency and the applicant for employment: (1) “In no instance in which the employment secured is subsequently terminated shall the charge for services be greater than the total gross earnings of the applicant.” (2) “One month equals 1/12th of a year or 4-1/3 weeks.” (3) “These service charges often may be deducted for income tax purposes.” (4) “Payment of any refund which shall be due shall be made to the applicant’s lender, if any, to the extent of the then unpaid balance of such loan to minimize the liability of _____ (agency) _____ for the interest, fees, or other charges incurred by the applicant.” (5) “I will keep the agency informed about the results of all arranged interviews, and will advise the agency at once upon acceptance of employment, or if employment which has been accepted is terminated for any reason.” (6) “I hereby give permission for references to be checked for purposes of employment, and understand that upon request _____ (agency) _____ will divulge the content of same to me.” (7) “If the applicant fails to perform this contract, or to pay the agency’s service charge provided herein, then the applicant agrees to pay _____ (agency) _____ reasonable attorney’s fees and other costs of collection as determined by a court.” (8) “There shall be no oral agreements or oral additions to this contract. Any further terms, conditions, or understandings shall be in writing.” Statutory/Other Authority: ORS 658.210 Statutes/Other Implemented: ORS 658.168(4) History: BL 200, f. 11-1-77, ef. 11-15-77 BL 157, f. 2-20-74, ef. 3-15-74 BL 156, f. 2-20-74, ef. 3-1-74 BL 149(Temp), f. 10-30-73, ef. 11-1-73