justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 657b — Family and Medical Leave

ORS 657b.910. Penalty when employer fails to file contribution reports or pay contributions when due; notice of failure; waiver. (1) On or before June 30 of each year, the Director of the Employment Department shall send a written notice to each employer that has failed to file all reports as required by the director or to pay all contributions due under ORS 657B.150, warning the employer about the penalty provided in subsection (2) of this section. (2) If, prior to September 1 of each year, an employer has failed to file all required reports and pay all contributions due in that year under ORS 657B.150, the employer shall pay a penalty equal to one percent of the wages of the employers employees in the preceding calendar year. (3)(a) On or before October 20 of each year, the director shall assess the penalty provided in subsection (2) of this section and send written notification of the assessment to the employers last known address. (b) Notwithstanding paragraph (a) of this subsection, the director may waive the penalty for good cause if the employer has filed the required reports and payments. (4) On or before November 10 following a penalty assessment under subsection (3) of this section, the employer that is assessed the penalty may submit a written request to the director that the penalty be waived. The request must contain the specific reasons for the failure to file the required reports or payments prior to September 1. (5)(a) If the request for waiver of the penalty is denied, the director shall send written notification of the denial to the employer at the employers last known address. The decision denying the request shall become final unless within 20 days from the date on which the notification of the decision is sent to the employer, the employer files a written request for a hearing that states the reasons for the request. (b) Hearings, decisions and reconsiderations under this section shall be conducted in accordance with rules adopted by the director. (c) Judicial review of an order assessing a penalty under this section shall be as provided for review of orders in contested cases under ORS chapter 183, except that the petition must be filed within 20 days after the issuance of the order of the director. (6) The penalty provided in subsection (2) of this section shall be collected in accordance with the provisions of ORS 657B.280, 657B.290, 657B.300 and
ORS Chapter 657b — Family and Medical Leave

ORS 657b.920. Penalty when employer fails to file reports; amount of penalty; request for deletion of penalty. (1) If an employer fails to file a combined quarterly report of wages earned and contributions paid under ORS 657B.150 by the 10th day of the second month following the end of the calendar quarter, the Director of the Employment Department, for the first such failure, shall send to the employer at the employers last known address a written notice warning the employer that a subsequent failure to file a report could result in the imposition of a late filing penalty. (2) If an employer, without good cause, fails to file a timely report within the three-year period immediately following a written warning sent pursuant to subsection (1) of this section, the employer may be assessed a late filing penalty in addition to other amounts due. (3) Except as provided in subsection (4) of this section, a penalty assessed under subsection (2) of this section shall be 0.02 percent of the wages of the employers employees rounded to the nearest $100. (4) A penalty assessed under subsection (2) of this section for an employer who has no employees during the calendar quarter to which a quarterly report relates shall be as follows: (a) $10 for the first report filed late within the three-year period immediately following a written notice sent pursuant to subsection (1) of this section. (b) $25 for the first report filed late within the three-year period immediately following the assessment of a penalty under subsection (2) of this section. (c) $50 for the second report filed late within the three-year period immediately following the assessment of a penalty under subsection (2) of this section. (d) $100 for the third or subsequent report filed late within the three-year period immediately following the assessment of a penalty under subsection (2) of this section. (5)(a) A penalty assessed under this section is final unless, within 20 days after the date the assessment is mailed to the last known address of the employer, the employer requests that the penalty be deleted. The request must be in writing and state the reason why the report was filed late. (b) If the director determines that the employer had good cause for filing the report late, the penalty shall be deleted. If it is determined there was not good cause for filing the report late, the request for deletion shall be denied. (6)(a) A determination denying the request for deletion is final unless, within 20 days after the date the determination is mailed to the last known address of the employer, the employer files a request for hearing. The request for hearing must be in writing and state the reasons why the determination should not be affirmed. (b) Judicial review of the determination of denial shall be as provided for review of orders in contested cases in ORS chapter 183, except that the request for hearing must be filed within 20 days after the issuance of the determination of the director or a designated representative.
ORS Chapter 657b — Family and Medical Leave

ORS 657b.925. Penalties for employer violation of requirements applicable to employer-offered benefit plans. (1) If the Director of the Employment Department determines that an employer that offers benefits pursuant to a plan approved under ORS 657B.210 has at any time violated any requirements applicable to plans approved under ORS 657B.210, the director may assess the following penalties against the employer: (a) $1,000 for the first violation. (b) $2,000 for the second and each subsequent violation. (2) The director may waive collection of a penalty assessed under subsection (1) of this section if the employer corrects the violation within 30 days of receiving a notice of the violation and the notice is for a first violation. (3) The director may waive collection of any penalties if the director determines the violation to be an inadvertent error by the employer. (4) Monetary penalties collected under this section shall be deposited in the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430. (5) The decision of the director to assess a penalty under this section shall become final unless within 20 days following the date of the notice informing the employer of the penalty, the employer submits a written request for a hearing under ORS 657B.410 to review the directors decision. A decision of the director to assess a penalty under this section does not authorize the collection of the penalty until the decision becomes final. [2023 c.120 7] Note: Section 13 (3), chapter 120, Oregon Laws 2023, provides: Sec 13. (3) Section 7, chapter 120, Oregon Laws 2023 [657B.925], applies to penalties assessed on or after September 3, 2023. [2023 c.120 13(3); 2023 c.292 16b(3)] _______________
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.003. Purpose of ORS chapter 659A. The purpose of this chapter is to encourage the fullest utilization of the available workforce by removing arbitrary standards of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or disability as a barrier to employment of the inhabitants of this state, and to ensure the human dignity of all people within this state and protect their health, safety and morals from the consequences of intergroup hostility, tensions and practices of unlawful discrimination of any kind based on race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age, disability or familial status. To accomplish this purpose, the Legislative Assembly intends by this chapter to provide: (1) A program of public education calculated to eliminate attitudes upon which practices of unlawful discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age, disability or familial status are based. (2) An adequate remedy for persons aggrieved by certain acts of unlawful discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, disability or familial status, or unreasonable acts of discrimination in employment based upon age. (3) An adequate administrative machinery for the orderly resolution of complaints of unlawful discrimination through a procedure involving investigation, conference, conciliation and persuasion, to encourage the use in good faith of the machinery by all parties to a complaint of unlawful discrimination and to discourage unilateral action that makes moot the outcome of final administrative or judicial determination on the merits of the complaint.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.004. Short title. The amendments to ORS 10.030, 20.107, 30.860, 93.270, 109.035, 166.155, 166.165, 174.100, 179.750, 192.630, 240.306, 338.125, 353.100, 418.648, 418.925, 421.352, 430.550, 443.739, 458.505, 659.850, 659A.003, 659A.006, 659A.030,
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.009. Declaration of policy against discrimination in employment because of age. It is declared to be the public policy of Oregon that the available workforce should be utilized to the fullest extent possible. To this end, the abilities of an individual, and not any arbitrary standards that discriminate against an individual solely because of age, should be the measure of the individuals fitness and qualification for employment.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.012. State agencies to carry out policy against discrimination in employment; evaluation of supervisors; affirmative action reports. (1) To achieve the public policy of the State of Oregon for persons in the state to attain employment and advancement without discrimination because of race, religion, color, sex, marital status, national origin, disability or age, every state agency shall be required to include in the evaluation of all management personnel the managers or supervisors effectiveness in achieving affirmative action objectives as a key consideration of the managers or supervisors performance. (2) To achieve the public policy of the State of Oregon for persons in the state to attain employment and advancement without discrimination because of race, religion, color, sex, marital status, national origin, age or disability, every state agency shall be required to present the affirmative action objectives and performance of that agency of the current biennium and those for the following biennium to the Governor of the State of Oregon and to the Legislative Assembly. These plans shall be reviewed as part of the budget review process. [Formerly 659.025]
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.015. Affirmative action reports to include information on contracts to minority businesses. In carrying out the policy of affirmative action, every state agency shall include in its affirmative action reports under ORS 659A.012 information concerning its awards of construction, service and personal service contracts awarded to minority businesses. [Formerly 659.027] UNLAWFUL EMPLOYMENT DISCRIMINATION BECAUSE OF RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, NATIONAL ORIGIN, MARITAL STATUS OR AGE
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.029. Because of sex defined for ORS 659A.030. For purposes of ORS 659A.030, the phrase because of sex includes, but is not limited to, because of pregnancy, childbirth and related medical conditions or occurrences. An individual affected by the individuals pregnancy, childbirth or related medical conditions or occurrences shall be treated the same for all employment-related purposes, including receipt of benefits under fringe benefit programs, as any other person not so affected but similar in ability or inability to work by reason of physical condition, and nothing in this section shall be interpreted to permit otherwise. [Formerly 659.029; 2023 c.228 47] Note: Section 59 (5), chapter 228, Oregon Laws 2023, provides: Sec. 59. (5) The amendments to ORS 659A.029 by section 47 of this 2023 Act apply to unlawful employment discrimination occurring before, on or after the effective date of this 2023 Act [July 13, 2023]. [2023 c.228 59(5)]
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.030. Discrimination because of race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age or expunged juvenile record prohibited. (1) It is an unlawful employment practice: (a) For an employer, because of an individuals race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age if the individual is 18 years of age or older, or because of the race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age of any other person with whom the individual associates, or because of an individuals juvenile record that has been expunged pursuant to ORS 419A.260 to 419A.271, to refuse to hire or employ the individual or to bar or discharge the individual from employment. However, discrimination is not an unlawful employment practice if the discrimination results from a bona fide occupational qualification reasonably necessary to the normal operation of the employers business. (b) For an employer, because of an individuals race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age if the individual is 18 years of age or older, or because of the race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age of any other person with whom the individual associates, or because of an individuals juvenile record that has been expunged pursuant to ORS 419A.260 to 419A.271, to discriminate against the individual in compensation or in terms, conditions or privileges of employment. (c) For a labor organization, because of an individuals race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age if the individual is 18 years of age or older, or because of an individuals juvenile record that has been expunged pursuant to ORS 419A.260 to 419A.271, to exclude or to expel from its membership the individual or to discriminate in any way against the individual or any other person. (d) For any employer or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment that expresses directly or indirectly any limitation, specification or discrimination as to an individuals race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age if the individual is 18 years of age or older, or on the basis of an expunged juvenile record, or any intent to make any such limitation, specification or discrimination, unless based upon a bona fide occupational qualification. Identification of prospective employees according to race, color, religion, sex, sexual orientation, gender identity, national origin, marital status or age does not violate this section unless the Commissioner of the Bureau of Labor and Industries, after a hearing conducted pursuant to ORS
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.036. 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. UNLAWFUL EMPLOYMENT DISCRIMINATION AGAINST INJURED WORKERS (Unlawful Discrimination Against Injured Workers)
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.040. Discrimination against worker applying for or inquiring about workers compensation benefits prohibited. 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.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.046. Reemployment of injured worker in other available and suitable work; termination of right to reemployment; effect of collective bargaining agreement. (1) A worker who has sustained a compensable injury and is disabled from performing the duties of the workers former regular employment shall, upon demand, be reemployed by the workers employer at employment which is available and suitable. (2) A certificate of the workers attending physician or a nurse practitioner authorized to provide compensable medical services under ORS 656.245 that the worker is able to perform described types of work shall be prima facie evidence of such ability. (3) Notwithstanding subsection (1) of this section, the right to reemployment under this section terminates when whichever of the following events first occurs: (a) The worker cannot return to reemployment at any position with the employer either by determination of the attending physician or a nurse practitioner authorized to provide compensable medical services under ORS 656.245 or upon appeal of that determination, by determination of a medical arbiter or panel of medical arbiters pursuant to ORS chapter 656. (b) The worker is eligible and participates in vocational assistance under ORS 656.340. (c) The worker accepts suitable employment with another employer after becoming medically stationary. (d) The worker refuses a bona fide offer from the employer of light duty or modified employment that is suitable prior to becoming medically stationary. (e) Seven days elapse from the date that the worker is notified by the insurer or self-insured employer by certified mail that the workers attending physician or a nurse practitioner authorized to provide compensable medical services under ORS 656.245 has released the worker for reemployment unless the worker requests reemployment within that time period. (f) Three years elapse from the date of injury. (4) Such right of reemployment shall be subject to the provisions for seniority rights and other employment restrictions contained in a valid collective bargaining agreement between the employer and a representative of the employers employees. (5) Notwithstanding ORS 659A.165, a worker who refuses an offer of employment under subsection (3)(d) of this section and who otherwise is entitled to family leave under ORS 659A.150 to 659A.186: (a) Automatically commences a period of family leave under ORS 659A.150 to 659A.186 upon refusing the offer of employment; and (b) Need not give additional written or oral notice to the employer that the employee is commencing a period of family leave. (6) Any violation of this section is an unlawful employment practice. (7) This section applies only to employers who employ six or more persons.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.049. Rights of reinstatement and reemployment protected. The rights of reinstatement afforded by ORS 659A.043 and 659A.046 shall not be forfeited if the worker refuses to return to the workers regular or other offered employment without release to such employment by the workers attending physician or a nurse practitioner authorized to provide compensable medical services under ORS 656.245.
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.052. Reemployment rights of injured state workers; rules. (1) In addition to the rights provided to injured workers under ORS 659A.043 and 659A.046, if all permanent restrictions of an injured worker are known and: (a) The injured worker was employed at the time of injury by any agency in the legislative department of the government of this state, the injured worker shall have the right to reinstatement or reemployment at any available and suitable position in another agency in the legislative department. (b) The injured worker was employed at the time of injury by any agency in the judicial department of the government of this state, the injured worker shall have the right to reinstatement or reemployment at any available and suitable position in another agency in the judicial department. (c) The injured worker was employed at the time of injury by any agency of the executive or administrative department of the government of this state, the injured worker shall have the right to reinstatement or reemployment at any available and suitable position in another agency of the executive or administrative department. (2) Notwithstanding ORS 659A.043 and 659A.046, an injured worker referred to in subsection (1) of this section has preference for entry level and light duty assignments with agencies described in subsection (1) of this section. The legislative and judicial departments of the government of this state may adopt rules to define entry level and light duty assignments. The Administrator of the Personnel Division by rule shall adopt a process to identify entry level and light duty assignments within the executive or administrative department of the government of this state. (3) In accordance with any applicable provision of ORS chapter 240, the Administrator of the Personnel Division shall compel compliance with this section and ORS 659A.043 and 659A.046 by any agency of the executive or administrative department of the government of this state. [Formerly 659.412; 2005 c.22 471; 2009 c.315 1; 2015 c.232 1] (Benefits for Injured State Workers and Covered Dependents)
ORS Chapter 659a — Unlawful Discrimination in

ORS 659a.060. Definitions for ORS 659A.060 to 659A.069. As used in ORS 659A.060 to