reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.015 - Exemptions from ORS 658.005 to 658.245.

(1) ORS 658.005 to 658.245 do not apply to:
(a) Labor contractors subject to ORS 658.405 to 658.511; or
(b) A temporary staffing agency as defined in ORS 676.695.
(2) ORS 658.005 to 658.245 do not apply to any nonprofit organization or corporation organized for the purpose of economic adjustment, civic betterment and the giving of professional guidance and placement to its members, when all of the following requirements are met:
(a) None of its directors, officers or employees are deriving any profit beyond a nominal salary for services performed on its behalf.
(b) Membership dues and fees are used solely for the maintenance of the organization or corporation.
(c) No fee is charged for employment services.
(d) On request of the Commissioner of the Bureau of Labor and Industries, the organization or corporation files with the commissioner, on or before the first day of April of each year, a copy of its constitution or articles of incorporation and its bylaws, together with a sworn statement setting forth its place of business; the names and addresses of its officers, directors and employees, the salaries they receive and the services they actually perform; and the various benefits furnished to its members.
(3) As used in subsection (2) of this section:
(a) "Civic betterment" means the promotion of the common good and general welfare of the people of this state or any political subdivision therein.
(b) "Economic adjustment" means the promotion of a program by which individuals are helped to acquire new professional skills, add to their existing professional skills or change their type of profession.
(4) ORS 658.005 to 658.245 do not apply to a bona fide labor organization of workers or a nonprofit organization or corporation that has been formed in good faith for the regulation, promotion and advancement of the general professional interests of its members and that incidentally maintains a placement service principally engaged in securing employment for such members. [1953 c.694 §25; 1959 c.395 §16; 1961 c.380 §2; 1973 c.678 §2; 1979 c.224 §3; 1981 c.318 §3; 1987 c.306 §4; 1995 c.343 §55; 2013 c.584 §2; 2022 c.92 §8]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.019 - Rehabilitation services agency exemption.

(1) ORS 658.005 to 658.245 do not apply to a rehabilitation services agency.
(2) As used in this section:
(a) A "rehabilitation services agency" means an individual, partnership or corporation that:
(A) Holds itself out to the public as such;
(B) Is certified by the Department of Consumer and Business Services to perform rehabilitation services pursuant to ORS chapter 656;
(C) Exclusively provides services to clients who are injured workers or individuals with physical or mental disabilities; and
(D) Receives the major portion of the fee for services to the clients from a government agency, an insurer, self-insured employer or person other than the client.
(b) "Services to the client" may include, but are not limited to medical evaluation, physical rehabilitation, vocational rehabilitation, employment counseling, job analysis, job site modification, job placement, on-the-job training or other short term training program. [1983 c.475 §2; 1989 c.224 §124; 2007 c.70 §288]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.065 - Employment agency business not to be conducted in certain places.

The business of an employment agency shall not be conducted or maintained in any of the following places:
(1) In rooms also used for living or sleeping quarters or in other rooms connected thereto by an entrance.
(2) In places where boarders or lodgers are kept.
(3) In places where meals are served.
(4) In places where intoxicating liquors are sold or consumed. [1953 c.694 §6; 1961 c.380 §7; 1973 c.678 §5c; 1981 c.318 §8; 1997 c.55 §4]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.075 - Agency to file security.

(1) Each employment agency shall maintain a corporate surety bond or irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 of $5,000, payable to the people of the State of Oregon, conditioned that the employment agency will comply with ORS 658.005 to 658.245 and will pay:
(a) All sums legally owing to any person when the employment agency or its agents have received such sums;
(b) All damages occasioned to any person by reason of any willful misrepresentation, fraud, deceit or other unlawful act or omission by the employment agency, or its agents or employees acting within the scope of their employment; and
(c) All sums legally owing to any employee of the employment agency.
(2) For the purposes of this section, each general partner shall furnish the required bond or letter of credit. When an employment agency is operated by a limited liability company or corporation, the bond or letter of credit shall be in the name of the limited liability company or corporation. [1953 c.694 §7; 1961 c.380 §8; 1973 c.678 §6; 1981 c.318 §9; 1983 c.607 §2; 1987 c.306 §3; 1991 c.331 §101; 1997 c.55 §5; 1997 c.631 §519]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.078 - Record keeping.

(1) Each employment agency shall keep accurate and current records of all job orders, referrals, applications, advertisements and other records as determined by rule of the Commissioner of the Bureau of Labor and Industries to be reasonably necessary for the administration of ORS 658.005 to 658.245, and shall maintain those records separate from records of any other business conducted by the person, firm, organization, limited liability company or corporation operating the employment agency.
(2) Whenever a charge for services is to be collected or is attempted to be collected from an applicant for employment, the agency shall, in addition to those records required in subsection (1) of this section, keep accurate and current records of all contracts and receipts of moneys received from applicants.
(3) The commissioner or the commissioner’s representative may during normal business hours inspect the records of the employment agency pertaining to placements, and need not give notice before such inspection. An employment agency shall furnish to the commissioner upon request a true copy of its records pertaining to placement, or any portion thereof, and shall make such reports relating to complaints of applicants for employment or employees as the commissioner requires. [1961 c.380 §20; 1973 c.678 §7; 1981 c.318 §11; 1987 c.306 §5; 1997 c.55 §6]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.115 - Civil penalties.

(1) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed $2,000 against any person, firm, organization, limited liability company or corporation that has violated any provisions of ORS 658.005 to 658.245 or 658.250 or the rules adopted pursuant thereto.
(2) Civil penalties under this section shall be imposed as provided in ORS 183.745.
(3) All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund and are available for general governmental expenses. [1961 c.380 §11; 1973 c.678 §11; 1975 c.144 §5; 1981 c.318 §14; 1997 c.55 §7; 2003 c.406 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.125 - Judicial review.

A person aggrieved by an order of the Commissioner of the Bureau of Labor and Industries may obtain judicial review thereof in accordance with ORS chapter 183. [1953 c.694 §12; 1961 c.380 §12; 1971 c.734 §101; 1981 c.318 §15; 1997 c.55 §8]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.145 - Schedule of charges.

(1) Every employment agency shall publish a schedule of charges for service to be collected in the conduct of its business. In the schedule, the various employments shall be classified according to the method of computing the agency’s fee for services, and the maximum fee shall be fixed and shall include the charges for services of every kind rendered by the agency in each case or transaction on behalf of the prospective employer and a prospective employee.
(2) Changes in the schedule may be made by posting a copy of a revised schedule in a conspicuous place in the employment agency. However, no change shall become effective until seven days after being posted in the agency. [1953 c.694 §14; 1961 c.380 §13; 1973 c.678 §12; 1981 c.318 §17; 1997 c.55 §9]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.155 - Posting and furnishing schedule of charges; charge in excess of schedule prohibited.

(1) A copy of the schedule of charges for service in effect with the changes noted thereon shall be kept posted in the employment agency in a conspicuous place. The posted schedule and the changes therein shall be in lettering or printing of not less than 12-point type. The date of the taking effect of the schedule and of each change therein shall appear on the posted copies and kept posted in a conspicuous place in the offices of the employment agency.
(2) No charge for service to be collected shall be in excess of the schedule in the contract to procure employment between the agency and the applicant for employment.
(3) An employment agency shall provide any person who requests a copy of its schedule of charges for services with a copy of the schedule in effect at the time the request is made. [1953 c.694 §15; 1961 c.380 §14; 1971 c.235 §1; 1973 c.678 §13; 1981 c.318 §18; 1997 c.55 §10]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.165 - Order necessary before referral or charge to be made; obtaining employment other than that ordered; disputes regarding fees.

(1) No employment agency shall accept a charge for service from an individual seeking employment or refer an individual to an employer without having first obtained, orally or in writing, a bona fide order from an employer seeking help which is to be answered by the individual.
(2) If an employment agency sends an applicant for employment and the applicant, within 90 days after the date of referral, secures employment other than that position specified in the bona fide order from the employer to which the applicant was sent, but with the same employer, the agency shall be entitled to a fee for the employment of the applicant, payable by the applicant, computed under the terms of the schedule of charges in effect in the agency at the time of referral. The expiration date of the referral shall be stated in the contract.
(3) In disputes between employment agencies concerning the earning of a fee for placement of an applicant, the fee shall be earned by the agency responsible for the applicant being placed. A reasonable effort shall be made by the billing agency to determine that it is entitled to the fee. The applicant shall be responsible for only one full fee for any single placement, and this fact shall be stated in the contract. [1953 c.694 §16; 1961 c.380 §15; 1973 c.678 §14]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.168 - Contract requirements.

(1) The contract between an employment agency and an applicant for whom such agency is to procure employment and from whom a charge for services is to be exacted or attempted to be collected shall be in writing. The agency shall give the applicant a copy of the contract.
(2) The contract between the employment agency and the applicant shall include:
(a) The name, address and telephone number of the employment agency.
(b) The name of the applicant.
(c) The date and consecutive number of the contract.
(d) A statement that the applicant is under no financial obligation to the employment agency by the mere signing of the contract, and that the applicant is obligated for the charge of services of the agency only if the applicant accepts and actually starts work in a position made available as a direct result of efforts of the agency, if the position is one on which the agency has a bona fide job order at the time of the applicant’s referral to an employer or is a different position accepted by the applicant with the same employer within 90 days after the date of referral and involves skills the applicant had at the time of referral under a bona fide job order and if the charges for service are based upon the schedule of charges published by the agency pursuant to ORS 658.145.
(e) The schedule of charges published by the agency pursuant to ORS 658.145.
(f) Any other term, condition or understanding agreed upon between the agency and the applicant.
(g) At the bottom of the contract, a notice to the effect that the contract is the property of the applicant and shall not be taken from the applicant.
(3) Each contract shall be made in duplicate, both to be signed by the applicant and the person acting for the employment agency. One copy shall be given to the applicant and the other shall be kept on file at the agency.
(4) No fee or charge may be required or accepted from an applicant for employment when the employment agency fails to comply with the provisions of subsection (1) of this section. [1981 c.318 §21; 1997 c.55 §11]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.172 - Job referral requirements.

(1) Any job referrals between an employment agency and an applicant for whom such agency is to procure employment and from whom a charge for services is to be exacted or attempted to be collected shall be in writing. The employment agency shall give the applicant a copy of the job referral document.
(2) The job referral document, which shall be assigned the same number as the receipt of the job order by the agency, shall include:
(a) The name, address and telephone number of the employment agency.
(b) The date of issuing the job referral document.
(c) The name of the applicant, the name and address of the person to whom the applicant is sent for interview and the address where the applicant is to report for employment.
(d) The approximate amount of fee to be charged and to be collected from the applicant, if the applicant accepts employment, and a statement that the employer is not responsible for paying the fee.
(e) The kind of work or employment.
(f) The daily hours of work and the approximate wages or salary, including any consideration of privilege.
(g) If any labor trouble exists at the place of employment, a statement of that fact.
(3) The job referral document shall be signed by a representative of the employment agency, and shall be delivered to the applicant or sent by United States mail to the applicant.
(4) No fee or charge shall be required or accepted from an applicant for employment when the employment agency fails to comply with the provisions of subsection (3) of this section. [1971 c.235 §3; 1973 c.678 §15; 1981 c.318 §19; 1985 c.394 §2; 1997 c.55 §12]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.174 - Contracts in violation of law prohibited.

No employment agency shall knowingly issue a contract for employment containing any term or condition that, if complied with, would be in violation of law, or attempt to fill an order for help to be employed in violation of law. [1973 c.678 §7b]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.176 - Fees and charges for services.

No fee or charge may be required or accepted from an individual seeking employment prior to the time such individual obtains employment and actually starts work. However, the employment agency may specify the terms of payment in the contract, or, after the applicant accepts employment, but before starting work, enter into an agreement for the payment of the agency’s charge, providing payment is to commence only upon the condition and after the date the applicant starts work. [1961 c.380 §17 (enacted in lieu of 658.175); 1973 c.678 §16]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.195 - Giving false information or making false representations; advertisements.

(1) No employment agency shall knowingly publish or cause to be published any false, fraudulent or misleading information, representation, notice or advertisement.
(2)(a) All advertisements of an employment agency by means of cards, circulars or signs, and in newspapers and other publications, and all letterheads, receipts and blanks shall contain the name and address of the office of the employment agency.
(b) For the purposes of this subsection, it is sufficient compliance if the name actually used by the agency in its business is a registered assumed business name or the name of a bona fide corporation that clearly identifies the agency and the fact it is an employment agency.
(3) No employment agency shall knowingly give any false information or make any false promises or representations concerning an engagement or employment to any person who registers or applies for employment or help.
(4) Except in an advertisement in a section of a publication that otherwise clearly designates the advertisement as that of an employment agency, every employment agency charging or collecting a fee for services from individuals seeking or obtaining employment shall use the word "agency" or "agencies" as part of its name or after its name. However, any employment agency that, as its sole means of procuring or attempting to procure employment or engagements for others, places the qualifications of applicants before prospective employers in areas exclusively outside the United States shall not be required to include the word "agency" or "agencies" in its title or in any other identifying materials used in the conduct of its business. [1953 c.694 §19; 1961 c.380 §21; 1973 c.678 §18; 1981 c.318 §23; 1987 c.306 §6; 1997 c.55 §14]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.205 - Prohibited agency employment activities.

(1) No employment agency shall send or cause to be sent any person as an employee to any illegally operated business the character of which the agency could have ascertained upon reasonable inquiry.
(2) No employment agency shall knowingly permit any person of bad character to frequent, or be employed by, such agency.
(3) No employment agency shall permit persons in its employment to use any names other than their legal names in the course of, and in respect to, their employment with the agency. However, the Commissioner of the Bureau of Labor and Industries may, waive the provisions of this subsection in individual cases for good cause shown by the person requesting the waiver.
(4) No employment agency shall accept any application for employment of a minor or place or assist in placing any minor in employment if the employment would be in violation of any law regulating the employment of minors or of any rule, regulation or order adopted pursuant to such law.
(5) No employment agency shall refer an individual seeking employment to any place where a strike, lockout or other labor dispute exists if it has knowledge or reasonably should have knowledge of the same, without notifying the individual of such conditions in writing.
(6) No employment agency shall refer an applicant for employment without notifying such applicant whether a labor contract is in existence at the establishment to which the applicant is being sent, and whether union membership is required.
(7) No employment agency shall divide charges for services with an employer, agent or employee of an employer or person to whom individuals are referred for employment. This subsection does not prohibit cooperative arrangements between employment agencies so long as an applicant for employment does not thereby pay more than one charge for all services performed.
(8) No employment agency shall charge an applicant a charge for services for accepting employment with such employment agency or any subsidiary of that agency.
(9) No employment agency shall charge an applicant a charge for services when help is furnished to an employer, an agent, any employee of an employer, a member or person who has a financial interest in such employment agency.
(10) No employment agency shall request or accept an assignment of wages from an applicant for employment. [1953 c.694 §20; 1973 c.678 §19; 1981 c.318 §25]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.210 - Rules.

The Commissioner of the Bureau of Labor and Industries may adopt rules reasonably necessary for the administration of ORS 658.005 to 658.245. [1973 c.138 §3; 1981 c.318 §26]
Note:
658.210 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 658 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.220 - Injunctive relief for violation; authority of commissioner.

(1) When it appears to the Commissioner of the Bureau of Labor and Industries that any person is engaged or about to engage in an act or practice that constitutes a violation of ORS 658.005 to 658.245 or the rules adopted pursuant thereto, the commissioner may, without bond, obtain an order from an appropriate circuit court enjoining any such act or practice. The court may award reasonable attorney fees to the commissioner if the commissioner prevails in an action under this subsection. The court may award reasonable attorney fees to a defendant who prevails in an action under this subsection if the court determines that the commissioner had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court.
(2) In the manner described in ORS 651.060, the commissioner may conduct investigations, issue subpoenas and subpoenas duces tecum, administer oaths, obtain evidence and take testimony in all matters relating to the duties required under ORS 658.005 to 658.245. [1973 c.678 §26; 1981 c.318 §27; 1981 c.897 §92; 1995 c.696 §44; 2007 c.277 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.245 - Actions upon agency bonds or letters of credit.

Actions against any employment agency may be brought in the name of the person damaged upon one or more of the bonds or letters of credit maintained by the employment agency pursuant to ORS 658.075 and may be transferred and assigned as other claims for damages. The amount of damages claimed by the plaintiff determines the jurisdiction of the court in which action is to be brought. [1953 c.694 §24; 1961 c.380 §25; 1997 c.55 §15]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.250 - Employment listing service; rules.

(1) As used in this section, "employment listing service" means a business operated by a person that:
(a) Provides lists of specified positions of employment available with an employer other than the employment listing service or that holds itself out to individuals as able to provide information about specific positions of employment with an employer other than the employment listing service;
(b) Charges an individual a fee for its services; and
(c) Does not arrange or set up interviews between an individual and a prospective employer or otherwise intercede between an individual and a prospective employer but may offer limited counseling and employment-related services to an individual that includes, but is not limited to, personal grooming and appearance and interview preparation.
(2) A person who operates an employment listing service in this state shall provide to an individual a copy of:
(a) The fee schedule that the employment listing service charges an individual for its services;
(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 services.
(3) The Commissioner of the Bureau of Labor and Industries shall adopt rules relating to:
(a) The terms of contracts that an employment listing service requires an individual who uses its services to sign;
(b) Fees charged by an employment listing service for its services; and
(c) The methods that an employment listing service uses to confirm and keep current the lists of specified positions of employment available with an employer that the employment listing service provides to individuals.
(4) 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 a violation of any provision of subsection (2) of this section. [2003 c.406 §2]
Note:
658.250 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 658 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.407 - Administration and enforcement of ORS 658.405 to 658.511; rules.

The Commissioner of the Bureau of Labor and Industries shall administer and enforce ORS 658.405 to 658.511, and in so doing shall:
(1) Investigate and attempt to adjust equitably controversies between labor contractors and their workers with respect to claims arising under ORS 658.415 (3) or 658.419.
(2) Take appropriate action to establish the liability or lack thereof of the labor contractor for wages of the employees of the labor contractor and if appropriate proof exists of liability for wages the commissioner shall pay the same or such part thereof as the commissioner has funds on deposit or cause the surety company to forthwith pay the entire liability or such part thereof as the sums due under the bond will permit.
(3) Adopt appropriate rules to administer ORS 658.405 to 658.511. [1971 c.479 §2; 1973 c.401 §1; 1975 c.502 §2; 1989 c.164 §10; 1991 c.331 §99; 1995 c.73 §6; 1999 c.628 §7; 2013 c.584 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.411 - Licensing subject to employee indorsement; terms and conditions.

(1) An employee of a labor contractor who is licensed under ORS 658.405 to 658.511 may be licensed as a labor contractor subject to an employee indorsement if the employee continuously meets all of the following conditions:
(a) The employee’s employer has filed with the Commissioner of the Bureau of Labor and Industries a signed statement, in a form required by the commissioner, agreeing to sponsor the application and to notify the commissioner promptly upon termination of the employment of the employee;
(b) The employee engages in activities that would require licensing as a labor contractor solely on behalf of the employer;
(c) The employee does not personally employ any workers and is not responsible for paying any workers;
(d) The employer maintains proof of financial responsibility;
(e) The employer’s license remains in good standing; and
(f) The employee meets all of the conditions for licensing as a labor contractor, except as provided in this section.
(2) A labor contractor subject to an employee indorsement acting in compliance with subsection (1) of this section need not:
(a) Provide proof of financial responsibility under ORS 658.415 (3).
(b) Comply with ORS 658.440 (1)(j).
(c) Provide any of the following information that is of a personal nature if the labor contractor subject to an employee indorsement is an employee of a property services contractor:
(A) A Social Security number;
(B) A home address and telephone number;
(C) Personal financial information; and
(D) Personal income tax or property tax information.
(3) The license of a labor contractor subject to an employee indorsement shall state the conditions contained in subsection (1) of this section on its face and shall state that a labor contractor subject to an employee indorsement who operates out of compliance with these restrictions is an unlicensed labor contractor.
(4) A labor contractor who employs another labor contractor is personally, jointly and severally liable for any damages, attorney fees or costs awarded against the employee for the actions of the labor contractor employee undertaken within the scope of employment, or for actions of the employee that the employee takes under color of an employee’s license subject to an employee indorsement that are known, or reasonably should have been known, by the employer. In the case of a labor contractor that is a corporation, both the corporation and the licensed majority shareholder or shareholders are so liable. [1995 c.73 §3; 2005 c.340 §3; 2007 c.160 §4; 2013 c.584 §5; 2018 c.8 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.412 - License examination; rules.

(1) The Commissioner of the Bureau of Labor and Industries may not issue a license to operate as a labor contractor until an applicant for a license has successfully passed a qualifying examination designed to test the applicant’s ability, knowledge and proficiency to conduct and manage the business of a labor contractor. The examination must also test the applicant’s knowledge of an employer’s responsibility to prevent sexual assault and sexual harassment. The commissioner shall prescribe by rule the requirements for and the manner of testing the competency of license applicants.
(2) In prescribing requirements for testing applicants for a property services contractor license, the commissioner may establish a process to administer the examination in-person, through an online electronic medium or in any other manner as the commissioner may specify. [1989 c.164 §3; 2013 c.584 §6; 2017 c.676 §5; 2018 c.8 §4]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.413 - Fee schedule for licenses, indorsements and renewals; rules.

(1) The Commissioner of the Bureau of Labor and Industries shall establish by rule a fee schedule for issuing and renewing licenses and indorsements under ORS 658.405 to 658.511 and 658.705 to 658.850. The fees shall be in amounts reasonably necessary to provide sufficient funds to administer ORS 658.405 to 658.511 and 658.705 to 658.850. Annual fees may not exceed the following amounts:
(a) $150 for a farm labor contractor license.
(b) $150 for a farm labor contractor license with employee indorsement.
(c) $350 for a farm labor contractor license with forestation or reforestation indorsement.
(d) $350 for a farm labor contractor license with forestation or reforestation indorsement subject to ORS 658.418.
(e) $350 for a farm labor contractor license with employee and forestation or reforestation indorsements.
(f) $50 for a farmworker camp indorsement, paid in addition to one of the fees set out in paragraphs (a) to (e) of this subsection.
(2) An applicant for a license or indorsement, or for the renewal of a license or indorsement, shall pay the fee or fees established by the commissioner under subsection (1) of this section.
(3) Fees may not be refunded or prorated.
(4) All fees received pursuant to this section shall be credited to the Bureau of Labor and Industries Account and are continuously appropriated to the Bureau of Labor and Industries to be used only for the administration of ORS 658.405 to 658.511 and 658.705 to 658.850. [1999 c.399 §2; 2013 c.424 §1; 2017 c.208 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.416 - Reduction of bond or deposit; conditions.

If the Commissioner of the Bureau of Labor and Industries finds that an applicant has operated as an Oregon licensed labor contractor without an employee indorsement for at least two years in compliance with ORS 658.405 to 658.511 and with any other laws pertaining to the conduct of labor contractors, and that no valid claims for unpaid wages have been made against the applicant, then the commissioner may reduce the amount of the bond or deposit that would otherwise be required pursuant to ORS 658.415 (3) to an amount determined by the commissioner, but in no event less than the following:
(1) If the commissioner finds that the labor contractor has so operated for a period of at least five years, $20,000;
(2) If the commissioner finds that the labor contractor has so operated for at least four years, $22,500;
(3) If the commissioner finds that the labor contractor has so operated for at least three years, $25,000; or
(4) If the commissioner finds that the labor contractor has so operated for at least two years, $27,500. [1995 c.73 §4; 2013 c.584 §8]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.417 - Additional requirements for forestation activities.

In addition to the regulation otherwise imposed upon labor contractors pursuant to ORS 658.405 to 658.511, a person who acts as a farm labor contractor with regard to the forestation or reforestation of lands shall:
(1) Obtain a special indorsement from the Commissioner of the Bureau of Labor and Industries on the license required by ORS 658.410 that authorizes the person to act as a farm labor contractor with regard to the forestation or reforestation of lands.
(2) Pay the fee established under ORS 658.413. [1983 c.654 §2; 1999 c.399 §4; 2005 c.340 §1; 2007 c.160 §2; 2013 c.584 §9]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.418 - Exemption from certain requirements.

Upon written application from a labor contractor, the Commissioner of the Bureau of Labor and Industries may exempt the labor contractor from the provisions of ORS 658.440 (1)(i) and, for a labor contractor engaged in forestation or reforestation of lands, from the provisions of ORS 658.415 (3) for the license year if the commissioner finds that the labor contractor:
(1) Operates as a sole proprietor;
(2) Engages in activities pursuant to contracts for less than $25,000; and
(3) Employs two or fewer individuals in the performance of work on all contracts performed in the license year. [1985 c.454 §2; 2005 c.340 §4; 2013 c.584 §10]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.419 - Proof of financial responsibility from agricultural associations and certain nonprofit corporations; right of action; manner of payment; rules.

(1) Notwithstanding the provisions of ORS 658.415 (3), (4), (9), (10) and (17), an agricultural association or a private nonprofit corporation described in ORS 658.410 (2)(f)(B) shall submit with the application for a license to act as a farm labor contractor and shall continually maintain thereafter, until excused, a corporate surety bond of a company licensed to do such business in Oregon, a cash deposit or a deposit the equivalent of cash, in a form approved by and payable to the Commissioner of the Bureau of Labor and Industries, in the amount of $30,000.
(2) Any person who suffers any loss of wages from the employer of the person or any other loss due to activities of the agricultural association or the private nonprofit corporation as a farm labor contractor shall have a right of action against the surety upon the bond or against the deposit with the commissioner. The right of action is assignable and may not be included in any action against the agricultural association or the private nonprofit corporation but shall be exercised independently after first procuring adequate proof of liability as provided by the commissioner by rule.
(3) The surety company or the commissioner shall make prompt and periodic payments on the agricultural association’s or the private nonprofit corporation’s liability up to the extent of the total sum of the bond or deposit. Payments shall be made in the following manner:
(a) Payment based upon priority of wage claims over other liabilities;
(b) Payment in full of all sums due to each person who presents adequate proof of the claim; and
(c) If there are insufficient funds to pay in full the person next entitled to payment in full, payment in part to the person. [1999 c.628 §4; 2001 c.178 §2; 2017 c.676 §8]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.420 - Investigation of applicant; issuance of license; protest against issuance of license.

(1) The Commissioner of the Bureau of Labor and Industries shall conduct an investigation of each applicant’s character, competence and reliability, and of any other matter relating to the manner and method by which the applicant proposes to conduct and has conducted operations as a labor contractor.
(2) The commissioner shall issue a license within 15 days after the day on which the application therefor was received in the office of the commissioner if the commissioner is satisfied as to the applicant’s character, competence and reliability.
(3) Any individual may protest the issuance of a license to any applicant at any time, and the commissioner shall give the individual an opportunity to state the reasons for the objection. [1959 c.395 §5; 2013 c.584 §11]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.425 - Temporary permit pending issuance of license; refusal to renew license considered revocation.

(1) The office of the Bureau of Labor and Industries in which an application is filed shall issue to the applicant a temporary permit valid for not more than 60 days, if the following conditions are satisfied:
(a) The application is complete on its face.
(b) The applicant has furnished satisfactory evidence of adequate insurance under rules issued by the Commissioner of the Bureau of Labor and Industries.
(c) The applicant has paid in advance the fee established under ORS 658.413.
(d) The applicant or any person financially interested in the applicant’s proposed operation as a labor contractor, whether as a partner, shareholder, associate, profitsharer or otherwise, has not been denied a license in a jurisdiction other than Oregon or under ORS 658.405 to 658.511 within the preceding three years, nor has had such a license revoked or suspended in Oregon or any other jurisdiction within the preceding three years, as appears of record with the commissioner.
(2) Any temporary permit expires immediately if the commissioner rejects the application of the person holding that permit.
(3) For the purposes of ORS 658.415 (1)(c) and (d) and subsection (1)(d) of this section, the refusal by the commissioner to renew a license shall be considered as the revocation of that license on the date of its expiration. [1959 c.395 §6; 1961 c.390 §4; 1975 c.502 §4; 1983 c.654 §5; 1989 c.930 §1; 1999 c.399 §5; 2013 c.584 §12]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.427 - Duty of commissioner to establish procedures for licensing of property services contractors; rules.

(1) The Commissioner of the Bureau of Labor and Industries shall establish, by rule, procedures for the licensing of property services contractors.
(2) Rules adopted under this section must require that a property services contractor provide the following information to the commissioner:
(a) The total number of employees employed by the property services contractor who perform janitorial services.
(b) The physical address of the work location or locations at which janitorial services are provided by an employee of the property services contractor.
(c) Demographic data that is voluntarily provided by employees relating to race, sex, sexual orientation, gender identity, national origin, marital status and age. [2017 c.676 §3; 2021 c.367 §31]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.428 - Rules must require property services contractors to provide professional training; training requirements.

(1) Rules adopted under ORS 658.427 shall require that a property services contractor provide professional training through or approved by the Bureau of Labor and Industries to employees of the property services contractor who perform janitorial services, and to employees who manage or supervise those employees, in order to:
(a) Prevent sexual assault and sexual harassment in the workplace.
(b) Prevent discrimination in the workplace and promote cultural competency.
(c) Educate the workforce regarding protection for employees who report a violation of a state or federal law, rule or regulation.
(2) A property services contractor shall provide the training as follows:
(a) At least once during the year in which a property services contractor license is first issued to a property services contractor;
(b) For new employees, within 90 days of the employee’s initial hiring date; and
(c) At least once every two years after the renewal of a license. [2017 c.676 §4; 2018 c.8 §6]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.430 - Form of license.

Each labor contractor license shall bear on its face such information as is prescribed by rules of the Bureau of Labor and Industries, including but not limited to:
(1) The name and address of the licensee and a statement that the license is not valid after the expiration date.
(2) The number, date of issuance and expiration date of the license.
(3) A statement that the license shall not be transferred or assigned. [1959 c.395 §8; 2013 c.584 §13]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.435 - Expiration and renewal of licenses; exception.

(1) Except as provided in subsection (3) of this section, each labor contractor license shall expire one year following the date of its issuance unless sooner revoked by the Commissioner of the Bureau of Labor and Industries.
(2) Applications for renewal of the license shall be made 30 days prior to the expiration date by payment of the fee established under ORS 658.413, but the commissioner may require any person seeking renewal to file a new application under ORS 658.415 (1) and (2) and may conduct a new investigation of the applicant’s character, competence and reliability, and of any other matter relating to the manner by which the applicant proposes to conduct and has conducted operations as a labor contractor.
(3) If the commissioner finds that an applicant has operated as an Oregon licensed labor contractor, other than as an employee under ORS 658.411, for at least two years in compliance with ORS 658.405 to 658.511 and with any other laws pertaining to the conduct of labor contractors, and that no valid claims for unpaid wages have been made against the applicant, at the request of the applicant the commissioner may renew the license for a term of two or four years. The fee for a license renewed for two or four years is the annual fee established for the license under ORS 658.413 multiplied by the number of years in the renewal term. Notwithstanding any other provision of ORS 658.405 to 658.511, the fee described in this subsection must accompany an application for renewal under this subsection. [1959 c.395 §7; 1975 c.502 §5; 1985 c.252 §1; 1989 c.930 §3; 1999 c.399 §6; 2013 c.584 §14; 2017 c.208 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 658 - Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps › Section 658.437 - Duties of labor contractors; duties of person to whom workers provided.

(1) Prior to beginning work on any contract or other agreement the labor contractor shall:
(a) Display the license or temporary permit to the person to whom workers are to be provided, or the person’s agent; and
(b) Provide the person to whom workers are to be provided, or the person’s agent with a copy of the license or temporary permit.
(2) Prior to allowing work to begin on any contract or agreement with a labor contractor, the person to whom workers are to be provided, or the person’s agent shall:
(a) Examine the license or temporary permit of the labor contractor; and
(b) Retain a copy of the license or temporary permit provided by the labor contractor pursuant to subsection (1)(b) of this section. [1989 c.164 §14; 2013 c.584 §15]