reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.310 - Definitions of employer and employee.

As used in ORS 652.310 to 652.414, unless the context requires otherwise:
(1) "Employer" means any person who in this state, directly or through an agent, engages personal services of one or more employees and includes any successor to the business of any employer, or any lessee or purchaser of any employer’s business property for the continuance of the same business, so far as such employer has not paid employees in full. "Employer" includes the State of Oregon or any political subdivision thereof or any county, city, district, authority, public corporation or entity and any of their instrumentalities organized and existing under law or charter but does not include:
(a) The United States.
(b) Trustees and assignees in bankruptcy or insolvency, and receivers, whether appointed by federal or state courts, and persons otherwise falling under the definition of employers so far as the times or amounts of their payments to employees are regulated by laws of the United States, or regulations or orders made in pursuance thereof.
(2) "Employee" means any individual who otherwise than as copartner of the employer or as an independent contractor renders personal services wholly or partly in this state to an employer who pays or agrees to pay such individual at a fixed rate, based on the time spent in the performance of such services or on the number of operations accomplished, or quantity produced or handled. However:
(a) Where services are rendered by an independent contractor, an individual shall not be an employee under this section unless the individual is a musician or supporting technical person.
(b) Where services are rendered only partly in this state, an individual shall not be an employee under this section unless the contract of employment of the employee has been entered into, or payments thereunder are ordinarily made or to be made, within this state. [Amended by 1963 c.348 §1; 1975 c.488 §1; 1985 c.100 §2; 2001 c.7 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.320 - Definitions for ORS 652.310 to 652.414.

As used in ORS 652.310 to 652.414, unless the context requires otherwise:
(1) "Commissioner" means the Commissioner of the Bureau of Labor and Industries.
(2) "Court" means a court of competent jurisdiction and proper venue to entertain a proceeding referred to in ORS 652.310 to 652.414.
(3) "Demand" means a written demand for payment made during business hours on an employer or any appropriate representative of an employer by an employee or by some person having and exhibiting due authority to act in said employee’s behalf.
(4) "Pay" means to deliver or tender compensation at a previously designated and reasonably convenient place in this state, during working hours, in legal tender or by order or negotiable instrument payable and paid in legal tender without discount on demand in this state or by deposit without discount in an employee’s account in a financial institution, as defined in ORS 706.008, in this state, provided the employee and the employer have agreed to such deposit.
(5) "Payment" means the delivery, tender or deposit of compensation in the medium of payment described in subsection (4) of this section. Such delivery, tender or deposit shall be made to or for the account of the employee concerned or to or for the account of any person having due authority to act in said employee’s behalf.
(6) "Rate of payment" means the rate at which payment is made or is to be made in the manner described in this section.
(7) "Wage claim" means an employee’s claim against an employer for compensation for the employee’s own personal services, and includes any wages, compensation, damages or civil penalties provided by law to employees in connection with a claim for unpaid wages. [Amended by 1975 c.190 §1; 1975 c.488 §2; 1979 c.695 §1; 1999 c.59 §193; 1999 c.351 §39; 2001 c.7 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.330 - Powers and duties of commissioner in enforcing wage claims; parties to wage claim action.

(1) The Commissioner of the Bureau of Labor and Industries shall enforce ORS 652.310 to 652.414 and to that end may:
(a) Investigate and attempt equitably to adjust controversies between employers and employees in respect of wage claims or alleged wage claims.
(b) Take assignments, in trust, of wage claims or judgments thereon, liens and other instruments of security for payment of wages from the assigning employees, spouses, parents or legal guardians, having a right to the wages of such employees. All such assignments shall run to the commissioner and any successors in office. The commissioner may sue employers on wage claims and other persons or property liable for any payment thereof thus assigned with the benefits and subject to existing laws applying to actions by employees for collection of wages. The commissioner is entitled to recover, in addition to costs, such sum as the court or judge may adjudge reasonable as attorney fees at trial and on appeal. The commissioner may join in a single proceeding and in one cause of action any number of wage claims against the same employer. If the commissioner does not prevail in such action, the commissioner shall pay all costs and disbursements from the Bureau of Labor and Industries Account.
(c) Make complaint in a criminal court for any violation of any law providing for payment of wages and imposing a penalty for its violation as for a crime.
(d) In any case where a civil action may be brought under this chapter for the collection of a wage claim, provide for an administrative proceeding to determine the validity and enforce collection of the claim. The administrative proceeding shall be conducted as provided in this chapter, and is subject to the employer’s right to elect a trial in a court of law.
(2) An assigning wage claimant shall not be regarded as a party to any court action brought by the commissioner under this section for any purpose. [Amended by 1957 c.465 §6; 1963 c.258 §2; 1967 c.218 §1; 1979 c.695 §2; 1981 c.897 §88]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.333 - Wage claims against licensed construction contractors and businesses; notice requirements.

(1)(a) If the Commissioner of the Bureau of Labor and Industries receives a valid wage claim filed against a contractor or a business subject to licensing under ORS chapter 701 for unpaid wages, the commissioner shall notify the Construction Contractors Board and the contractor or the business of the claim within 30 days of the commissioner’s receipt of the claim.
(b) If wages are found due and the contractor or business fails to pay the unpaid wages upon demand, the commissioner shall serve upon the contractor or business an order of determination as prescribed under ORS 652.332.
(2)(a) If an order issued under ORS 652.332 for the payment of a wage claim described under subsection (1) of this section becomes final, the commissioner shall notify the board of the final order.
(b) The commissioner shall notify the board if the contractor or business fails to pay the amounts due pursuant to the final order within 60 days of the date of the order, unless a motion to stay the order is pending or has been granted by the commissioner under ORS 183.482.
(3) As used in this section, "contractor" has the meaning given that term in ORS 701.005. [2019 c.444 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.335 - Liability of liquor dispenser licensee for wage claims of certain individuals.

(1) A person operating a commercial establishment where food is cooked and served who holds a full on-premises sales license issued under ORS 471.175 is liable for all valid wage claims of individuals employed in the kitchen facilities and dining space of such establishment who are not employed by such person, if the wage claims cannot be enforced against the employer of such individuals. The Commissioner of the Bureau of Labor and Industries may in such a case proceed under ORS 652.310 to 652.414 against the person operating the establishment as if that person had employed the individuals assigning the wage claims.
(2) This section does not impose any liability not otherwise imposed by law for compensation for the performance of an individual’s personal services in excess of a period of 60 days, nor does it subject the person operating an establishment described in this section to criminal penalties for violation of any law providing for payment of wages. [1961 c.475 §2; 1999 c.351 §40]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.340 - Requiring bond of employer.

(1) If upon investigation by the Commissioner of the Bureau of Labor and Industries, after taking assignments of any wage claims under ORS 652.330, it appears to the commissioner that the employer is representing to employees that the employer is able to pay wages for their services and that the employees are not being paid for their services, the commissioner may require the employer to give a bond in such sum as the commissioner deems reasonable and adequate in the circumstances, with sufficient surety, conditioned that the employer will for a definite future period not exceeding six months conduct business and pay employees in accordance with the laws of Oregon.
(2) If within 10 days after demand for such bond the employer fails to provide the same, the commissioner may commence a suit against the employer in the circuit court of appropriate jurisdiction to compel the employer to furnish such bond or cease doing business until the employer has done so. The employer shall have the burden of proving the amount thereof to be excessive.
(3) If the court finds that there is just cause for requiring such bond and that the same is reasonably necessary or appropriate to secure the prompt payment of the wages of the employees of such employer and the employer’s compliance with ORS 652.310 to 652.414, the court shall enjoin such employer from doing business in this state until the requirement is met, or shall make other, and may make further, orders appropriate to compel compliance with the requirement. [Amended by 1975 c.488 §5; 1991 c.331 §95; 1997 c.631 §515; 1999 c.69 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.355 - Prohibition of discrimination because of wage claim or refusal to work additional hours; remedy.

(1) An employer may not discharge or in any other manner discriminate against an employee because:
(a) The employee has made a wage claim or discussed, inquired about or consulted an attorney or agency about a wage claim;
(b) The employee has caused to be instituted any proceedings under or related to ORS 652.310 to 652.414;
(c) The employee has testified or is about to testify in any such proceedings;
(d) The employee has inquired about the provisions of ORS 652.020 or has reported a violation of or filed a complaint related to ORS 652.020;
(e) The employee has declined to consent to work more than 55 hours in any given workweek under ORS 652.020 or 653.265; or
(f) The employee has declined to consent to work more than 55 hours per workweek in any given workweek during an undue hardship period under ORS 652.020 or 653.265.
(2) A violation of this section is an unlawful employment practice under ORS chapter 659A. A person unlawfully discriminated against under this section may file a complaint under ORS 659A.820 with the Commissioner of the Bureau of Labor and Industries. [1975 c.397 §2; 1980 c.1 §1; 2007 c.278 §1; 2017 c.685 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.360 - Contract exempting employer from liability or penalty not valid; exceptions.

(1) An employer may not by special contract or any other means exempt the employer from any provision of or liability or penalty imposed by ORS 652.310 to 652.414 or any statute relating to the payment of wages, except insofar as the Commissioner of the Bureau of Labor and Industries in writing approves a special contract or other arrangement between the employer and one or more of the employer’s employees. The commissioner may not give approval unless the commissioner finds that such contract or arrangement will not prejudicially affect the interest of the public or of the employees involved, and the commissioner may at any time retract such approval, first giving the employer not less than 30 days’ notice in writing.
(2) A settlement between an employer and an employee of a known and identified claim arising under ORS 652.310 to 652.414 or any statute relating to the payment of wages does not require the commissioner’s approval if the settlement does not provide for the employee to relinquish a claim for additional or future violations. [Amended by 2001 c.116 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.370 - Jurisdiction of courts; proceedings in name of state.

(1) Justice courts shall have concurrent jurisdiction with circuit courts over all cases mentioned in ORS 652.330 or 652.340.
(2) The Commissioner of the Bureau of Labor and Industries shall prosecute all legal proceedings on the commissioner’s own official relation, but in the name of the State of Oregon.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.380 - Remedies cumulative; effect of payment or tender by employer after proceeding commenced.

(1) The remedies provided by ORS 652.310 to 652.414 shall be additional to and not in substitution for and in no manner impair other remedies and may be enforced simultaneously or consecutively so far as not inconsistent with each other.
(2) No payment or tender after the filing of a criminal complaint or commencement of any proceeding by the Commissioner of the Bureau of Labor and Industries shall affect the liability therein of an employer for expenses, or prevent such employer from being subject to fine or forfeitures, or to the giving of bond under ORS 652.340.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.390 - Deduction of costs from wage claims; collection fees; assignment of wage claims.

(1) The Commissioner of the Bureau of Labor and Industries may deduct and retain any moneys collected on each wage claim as costs, attorney fees or commissioner’s penalties. The amount deducted shall be paid into the General Fund after deducting actual costs and disbursements incurred in the prosecution of the wage claim.
(2) The commissioner may charge a claimant or respondent on a wage claim for which the commissioner has obtained a judgment the actual collection fees charged to the Bureau of Labor and Industries by any other governmental agency assisting in the collection of the judgment.
(3) The commissioner is authorized to assign wage claim judgments and orders issued pursuant to ORS 652.332 for collection or to obtain assistance in collection of such judgments and orders and may deduct and pay out from any moneys so collected a collection fee. [Amended by 1957 c.465 §7; 1967 c.218 §2; 1983 c.427 §1; 1995 c.82 §2; 2003 c.14 §394; 2009 c.162 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.400 - Deposit of moneys in Wage Collection Account; payment to persons entitled thereto.

Subject to ORS 652.390, all moneys collected on civil judgments pursuant to ORS 652.330, or as a result of administrative proceedings pursuant to ORS 652.332, shall be paid to the Commissioner of the Bureau of Labor and Industries and, together with all other sums collected under ORS 652.310 to 652.414, be deposited in the State Treasury to become part of a special trust account to be known as the Wage Collection Account, which account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. All moneys in the Wage Collection Account are appropriated continuously for the purpose of payment to the persons entitled thereto. [Amended by 1957 c.465 §8; 1979 c.695 §5; 1989 c.966 §65; 2011 c.597 §263]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.405 - Disposition of wages collected by commissioner when payment cannot be made to person entitled thereto.

(1) The Commissioner of the Bureau of Labor and Industries shall attempt for a period of not less than three years to make payment of wages collected under ORS 652.310 to 652.414 to the person entitled thereto.
(2) By July 30 of each year, the commissioner shall pay wages collected by the commissioner under ORS 652.310 to 652.414 and remaining unclaimed for a period of more than three years from the date of collection to the State Treasurer as unclaimed property under ORS 98.352 or, by October 1 of each year, transfer the wages to the State Treasurer under ORS 293.455. The State Treasurer shall issue a receipt for the money to the commissioner. [1957 c.465 §15; 2011 c.348 §3; 2019 c.678 §67; 2021 c.424 §28]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.409 - Wage Security Fund; use.

(1) The Wage Security Fund is established separate and distinct from the General Fund. After deduction of the amounts provided in ORS 657.439 (2)(a), all moneys received by the Employment Department pursuant to ORS 657.439 (2)(a) shall be paid into the State Treasury and credited to the Wage Security Fund. All income earned on moneys in the Wage Security Fund invested by the State Treasurer shall accrue to the fund.
(2) All income earned on moneys in the Wage Security Fund, and all other moneys in the fund, are appropriated continuously to the Commissioner of the Bureau of Labor and Industries primarily to carry out the provisions of ORS 652.414. Moneys in the fund may also be used, within the divisions of the Bureau of Labor and Industries that enforce wage and hour laws and state laws concerning civil rights, to investigate and enforce claims of underpaid and unpaid wages under this chapter and ORS chapter 653 and to investigate conduct that may constitute an unlawful practice under ORS chapter 659A. [1985 c.409 §4; 1987 c.412 §3; 1989 c.248 §1; 1989 c.554 §2; 2005 c.183 §9; 2016 c.115 §3; 2021 c.678 §14]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.420 - Definitions for ORS 652.420 to 652.445.

(1) As used in ORS 652.420 to 652.445:
(a) "Commissioner" means the Commissioner of the Bureau of Labor and Industries.
(b) "Labor bureau" includes any agency, bureau, commission, board or officer in another state that performs functions substantially corresponding to those of the Commissioner of the Bureau of Labor and Industries.
(2) The definitions of ORS 652.310 and 652.320 shall apply to ORS 652.420 to 652.445, but nothing contained in those sections shall be construed to preclude reciprocal enforcement of wage claims under ORS 652.420 to 652.445, when the services of the employee were rendered in another state. [1953 c.256 §1; 1987 c.158 §125; 2007 c.71 §205]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.425 - Authority of commissioner to enter into agreements with other states for reciprocal enforcement of wage claims.

The Commissioner of the Bureau of Labor and Industries may enter into agreements with the corresponding labor bureau of another state for the reciprocal enforcement and collection of wage claims, if the other state has a reciprocal statute similar to ORS 652.420 to 652.445 or otherwise authorizes the reciprocal enforcement and collection of wage claims in a manner substantially similar to ORS 652.420 to 652.445. [1953 c.256 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.430 - Assigning wage claim to labor bureau of another state.

Whenever a wage claim is assigned to the Commissioner of the Bureau of Labor and Industries in trust pursuant to ORS 652.330 and the employer or former employer upon whom demand for payment is made by an employee in this state has removed to another state, the commissioner may reassign the wage claim, with the approval of the employee, to the labor bureau of the other state, if there is in effect at the time a valid reciprocal agreement under ORS 652.425 between the commissioner and the other state. [1953 c.256 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.435 - Accepting assignments of wage claims from labor bureau of another state.

Whenever a labor bureau in another state, which has entered into a reciprocal agreement under ORS 652.425 with the Commissioner of the Bureau of Labor and Industries and the agreement is in effect at the time, takes an assignment of a wage claim from an employee residing in the other state for services rendered in the other state to an employer or former employer who has removed to Oregon, the Commissioner of the Bureau of Labor and Industries may take an assignment of the wage claim from such labor bureau and enforce the collection thereof as provided in the applicable provisions of ORS 652.310 to 652.414. [1953 c.256 §4; 2003 c.14 §395]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.440 - Retention by commissioner or labor bureau of percentage of funds collected.

Any agreement concluded by the Commissioner of the Bureau of Labor and Industries shall make provision for the transfer of funds collected pursuant to ORS 652.420 to 652.445 and for retention by the commissioner or the labor bureau in the other state of percentile amounts from the sums collected to defray the administrative costs of ORS 652.420 to 652.445. Amounts authorized pursuant to this section to be used to defray the administrative costs of ORS 652.420 to 652.445 shall be credited to the Bureau of Labor and Industries Account and shall be used only for the administration of ORS 652.420 to 652.445. [1953 c.256 §5; 1957 c.465 §9]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.445 - Deposit of moneys in Wage Collection Account.

Except as provided in ORS 652.440, all moneys collected pursuant to ORS 652.420 to 652.445, including costs, shall be paid to the Commissioner of the Bureau of Labor and Industries and be deposited in the State Treasury in the Wage Collection Account established by ORS 652.400. [1953 c.256 §6; 1957 c.465 §10; 2011 c.597 §264]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.500 - Receiver to pay accrued wages; payment of employees; receiver’s certificates.

Whenever the business or property of any person, company or corporation in this state shall be placed by any court in this state in the hands of a receiver, whether upon foreclosure or creditor’s bill, the receiver shall report immediately to the court appointing the receiver the amount due by the person, company or corporation, at the date of the receiver’s appointment, to employees and laborers of the person, company or corporation. The court shall order the receiver to pay out of the first receipts and earnings of such person, company or corporation, after paying current operating expenses under the administration of the receiver, the wages of all employees and laborers that had accrued within six months prior to the appointment of the receiver. The court also shall order the receiver to pay the wages of all employees and laborers employed by the receiver, at least once every 30 days, out of the first receipts and earnings of the person, company or corporation while under the management of the receiver. However, should the receiver not take in sufficient money from receipts and earnings to pay the employees and laborers at least once every 30 days, the receiver shall issue and deliver to each of the employees and laborers, upon demand, a receiver’s certificate, showing the amount due the employee or laborer in money, which certificate will draw interest at the rate of eight percent per annum from the date of issuance until paid. The receiver shall thereafter pay such certificates, in the order of their issuance, out of the first money coming into the receiver’s hands from the receipts and earnings of the properties under the charge of the receiver. [Formerly 31.050; 2003 c.14 §396]
Note:
652.500 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 652 or any series therein by legislative action. See the Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.510 - Payment of wage claims by receivers, assignees or court; filing statement of wages due.

(1) When the property of any company, cooperative association, corporation, firm or person is seized upon by any process of any court of this state, or when the business or property is placed in the hands of a receiver, or whenever any assignment for the benefit of creditors under the laws of this state is made, then in all such cases the debts owing to laborers or employees, which have accrued by reason of their labor or employment to an amount not exceeding $2,000 to each employee for work or labor performed within 90 days next preceding the seizure or transfer or assignment of such property, or appointment of said receiver shall be considered and treated as preferred debts, and such laborers or employees shall be preferred creditors, and shall first be paid in full, and if there is not sufficient to pay them in full, their claims shall be paid pro rata, after paying costs.
(2) Any such laborer or employee desiring to enforce the claim of the laborer or employee for wages under ORS 652.510 to 652.570 shall present a statement under oath showing the amount due after allowing all just credits and setoffs, the kind of work for which said wages are due and when performed, to the officer or person charged with the execution of said process, within 30 days after the seizure thereof on any execution or writ of attachment, or to such receiver or assignee within 45 days after the same may have been placed in the hands of any such assignee or receiver. [Amended by 1977 c.288 §1; 1981 c.594 §4; 1987 c.412 §2; 2003 c.14 §397]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.515 - Effect of Oregon Receivership Code.

If applicable under ORS 37.040, the Oregon Receivership Code controls over conflicting provisions of ORS 652.510 to 652.570. [2017 c.358 §55]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.520 - Form of statement of wage claim.

The statement to be presented under ORS 652.510 shall be substantially in the following form:
______________________________________________________________________________
State of Oregon )
) ss.
County of _____, )
I, _____, being first duly sworn, say that _____ is
indebted to me in the sum of ___ dollars over and above all just credits and setoffs, on account of work, services and labor performed by me for the said _____, upon the following terms and conditions, to wit: That I was employed by the said _____ on or about the ___ day of _____, 2__, to work (here describe character of work) at the rate of ___ dollars per month (or for a reasonable consideration for such work), and that under said contract I began to work on the ___ day of _____, 2__, and between that day and the ___ day of ______, 2__, I performed work, services and labor ___ days, amounting to the sum of ___ dollars (or the reasonable value of ___ dollars); that the said _____ has paid me on account of the said labor the sum of ___ dollars, and no more; and that there is now due me, the sum of ___ dollars, over and above all just credits and offsets; and that during the 90 days next preceding the ___ day of _____, 2__, I had performed ___ days’ labor under said contract, amounting to the sum of ___ dollars (or that said services were reasonably worth the sum of ___ dollars); and that, applying all the credits above stated, there is due me from the said ______, on account of labor for the said 90 days, the sum of ___ dollars, and no more; claim as due me.
Subscribed and sworn to before me this ___ day of _____, 2__.
______________________________________________________________________________
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.530 - Serving copy of statement; report to court; order of payment.

(1) The person claiming the benefit of ORS 652.510 to 652.570 shall serve upon the debtor, or upon the officer, assignee or receiver for the debtor where personal service cannot be had, a copy of the verified claim. Thereafter the person receiving such statement shall report the amount of such claim to the court having jurisdiction of such officer, receiver or assignee, together with a statement of all costs occasioned by the seizure of said property or of such receivership or assignment.
(2) The court shall order such claims to be paid after payment of the costs and expenses of such seizure and sale, and the costs and disbursements which have accrued before the filing of the notice under ORS 652.510 and of assignment or receivership, out of the proceeds of the sale of the property so seized, assigned, or placed in the hands of an assignee or receiver.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.540 - Exception to claim; legal action on claim.

(1) Any person interested may contest all or any part of a claim mentioned in ORS 652.530, by filing in said court exceptions thereto, supported by affidavit, within 10 days from the filing of the report provided in ORS 652.530. Thereupon the claimant shall be required to establish the claim, by judgment in such court, before any part thereof shall be paid.
(2) When any claim is excepted to as provided in this section, the person desiring to establish the same shall file in said court, within 30 days after the claim is excepted to, a verified complaint as in an action at law and serve it upon the person excepting, or the person’s attorney of record, and upon the principal debtor for the claim, or the principal debtor’s attorney of record.
(3) Thereafter the cause shall proceed to final judgment between the parties as an action at law.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.550 - Payment of claims prerequisite to discharge of attachment or execution, assignee or receiver, or to abandonment of seizure or sale.

No attachment or execution shall be discharged nor shall the seizure or sale of property seized be abandoned, or assignee or receiver discharged, until every claimant presenting a claim under ORS 652.510 to 652.570 has been paid in full, or pro rata, as provided in ORS 652.510, or has consented to such discharge or abandonment.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.560 - Costs and attorney fees.

Whenever any claim has been excepted to under ORS 652.540 and the claim is established by judgment and the court rendering the judgment is satisfied that the exceptions were made without probable cause or that the person so excepting could have ascertained with reasonable diligence that such claim was true and just, the claimant in such action shall be entitled to have the costs of such action, and such sum as the court may adjudge reasonable as attorney fees at trial and on appeal, enforced by execution against the person objecting as a judgment debtor in the first instance. However, if the court does not so find, or if execution, when issued, is returned nulla bona, then in either case such costs and attorney fees shall be ordered paid out of the proceeds of the property sold next after the payment of all claims presented under ORS 652.510 to 652.570. [Amended by 1981 c.897 §89]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.570 - Priority of wage claims over transfers in payment of preexisting obligations; payment and subrogation of transferee.

(1) Every sale or transfer of any property in payment of any preexisting debt, or obligation, and every mortgage or lien created or executed to secure the payment of a preexisting debt, shall be void as against laborers or employees of such vendor, mortgagor, or other lien debtor, to the extent of their claims for wages, in the amount of $2,000, or 30 days of wages, whichever amount is the greater, to each of said laborers which may be owing for work or labor performed within 90 days next preceding such sale and transfer or the execution of such lien or mortgage, if the laborer or employee claiming the benefit of this section:
(a) Within 10 days after the actual delivery of the property or within 30 days after the recording of any such deed, transfer, mortgage or lien, gives such owner or holder of such lien or such vendee notice of the claim of the laborer or employee substantially in the form and verified as provided in ORS 652.520, which notice shall be served by delivering it or a copy thereof to such owner or holder of such lien or such vendee in person or, in case the owner, holder or vendee cannot be found within the county in which such lien or deed may be of record after diligent inquiry, by delivering the notice or a copy thereof to the clerk of the county court for such owner or holder of such lien or such vendee; and
(b) Within 30 days after the notice of claim is served commences court action to pursue the claim.
(2) The vendee or mortgage or lienholder, or an assignee, may pay such claim and thereby be subrogated to the rights and lien of such laborer or employee, as against the vendor, principal debtor or mortgagor, and as against subsequent mortgagees or other subsequent lien creditors.
(3) This section does not apply to any mortgage or lien given in renewal of a preexisting mortgage or lien. [Amended by 1977 c.288 §2; 1989 c.651 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.615 - Remedy for violation of ORS 652.610.

There is hereby created a private cause of action for a violation of ORS 652.610 (3) for actual damages or $200, whichever is greater. In any such action the court may award to the prevailing party, in addition to costs and disbursements, reasonable attorney fees. [1981 c.594 §7]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.620 - Statement of yearly compensation on request of employee.

All persons, firms, partnerships, associations, cooperative associations, corporations, municipal corporations, the state and its political subdivisions thereof, except the federal government and its agencies employing, in this state, five or more persons, during any calendar month, upon the request of any employee or former employee, and upon five days’ notice to said employer shall give to such employee, not later than March 10 of each year, a statement showing the total compensation paid by such employer to such employee, or former employee, during the previous calendar year.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.630 - Definitions for ORS 652.630 to 652.640.

As used in ORS 652.630 to 652.640, unless the context requires otherwise:
(1) "Bonus" means an increase in the agreed rate of compensation based on the amount of time worked during a perishable agricultural product season or based on the amount of a perishable agricultural product that is harvested.
(2) "Labor contractor" means a farm labor contractor as defined in ORS 658.405.
(3) "Producer" means a person who raises perishable agricultural products. [1969 c.572 §1]
Note:
652.630 to 652.640 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 652 by legislative action. See the Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.635 - Producers to post certain terms of employment.

Every producer, or agent of the producer, who employs a labor contractor to provide a working crew for harvesting perishable agricultural products or who offers a bonus to those persons who harvest perishable agricultural products shall cause to be conspicuously posted and maintained on the premises where the agricultural products are to be harvested a notice that states:
(1) A description of the terms and conditions of any bonus offered, including the manner of determining when the bonus is earned.
(2) That portion of the labor contractor’s compensation that is based on the amount of work done by each employee of the labor contractor. [1969 c.572 §2]
Note:
See note under 652.630.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.640 - Itemized statement of compensation and deductions required.

Each time a person who harvests perishable agricultural products receives compensation payments at a regular pay period or upon termination of employment, the producer, or agent of the producer, or, if the person is an employee of a labor contractor, the labor contractor shall furnish to such person a written statement itemizing the total payment and each deduction therefrom. [1969 c.572 §3]
Note:
See note under 652.630.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.710 - Fees collected by employer for medical care contracts are trust funds; priority on liquidation; civil penalty; rules.

(1) All moneys collected by an employer from employees or retained from their wages for the purpose of providing for or furnishing to such employees medical and surgical attention, hospital care, X-rays, ambulance, nursing or any related service or care contingent upon sickness or injury pursuant to a contract are trust funds and shall be placed and kept in separate accounts by the employer and shall promptly be paid over to the contractor. Such funds shall in no event become a part of the assets of the employer.
(2) If the employer fails to place and keep such funds in separate accounts and pay them over to the contractor or if the funds become commingled with the funds of the employer and the employer becomes bankrupt, insolvent or goes through voluntary or involuntary liquidation, or if a receiver is appointed to operate or liquidate the affairs of the employer, the funds not paid to the contractor shall be entitled to the same preference as given to claims of the State Accident Insurance Fund Corporation, as provided in ORS 656.562.
(3) On and after July 1, 1992, when an employer that is a group health insurance policyholder subject to the provisions of ORS 743B.320 receives notice that the group health insurance policy is terminated by the insurer and the employer does not replace coverage with any other group health insurance policy, the employer shall notify all employees who were covered under the terminated group policy. The employer’s notification to the employees shall:
(a) Explain the employee’s rights regarding continuation or conversion of coverage under state and federal law; and
(b) Be delivered to each employee in person or to the employee’s home address as recorded in the employer’s records not later than 10 working days after the receipt of notice from the insurer pursuant to ORS 743B.320 (3) to (5).
(4) 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 $1,000 for each violation of subsection (1) or (3) of this section.
(5) Civil penalties under this section shall be imposed as provided in ORS 183.745.
(6) All sums collected as penalties pursuant to this section shall be first applied toward reimbursement of the costs incurred in determining the violations, conducting hearings under this section and assessing and collecting such penalties. The remainder, if any, of the sums collected as penalties pursuant to this section shall be paid over by the commissioner to the Department of State Lands for the benefit of the Common School Fund of this state. The department shall issue a receipt for the money to the commissioner.
(7) The Commissioner of the Bureau of Labor and Industries may adopt rules reasonably necessary for the administration of this section. [Formerly 655.130; 1991 c.673 §1; 1991 c.734 §114; 2001 c.943 §15]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.720 - Prohibited use by employer of fees for medical care contracts withheld from employee wages.

(1) No employer shall retain, directly or indirectly, from employees or from their wages any part of the money collected or retained under ORS 652.710 for use or benefit of the employer.
(2) No employer shall apply, directly or indirectly, any portion of the money so collected to the employer’s cost of compensation or to the cost of any medical, surgical or hospital care and attention for employees on account of injuries sustained by them in the course of their employment. [Formerly 655.110]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.752 - Federal inspections of employee verification records; employer to provide employees with advance notice of inspection.

(1) As used in this section and ORS 652.753, "employee" and "employer" have the meanings given those terms in ORS 652.210.
(2) Unless prohibited by federal law, an employer shall, within three business days of receiving a notice of an inspection from a federal agency compelling the employer to provide access to records of forms and any other documentation used by the employer to verify the identity and employment eligibility of the employees hired by the employer, notify the employer’s employees of the upcoming inspection.
(3) The employer shall notify employees of an upcoming inspection by:
(a) Posting a notice in a conspicuous and accessible location, in English and in the language the employer typically uses to communicate with the employees; and
(b) Making reasonable attempts to individually distribute notifications to employees in the employee’s preferred language.
(4) The notice shall include:
(a) A copy of the federal agency’s notice of inspection received by the employer;
(b) The date of the inspection;
(c) To the extent the employer knows, the scope of the federal agency’s inspection;
(d) The employer’s obligations with respect to providing information within the scope of the federal agency’s notice of inspection; and
(e) A telephone number, prescribed by the Bureau of Labor and Industries, for a hotline operated by an organization that provides information and advocacy related to immigrant and refugee workers’ rights. [2019 c.260 §1]
Note:
652.752 and 652.753 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 652 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 652 - Hours; Wages; Wage Claims; Records › Section 652.753 - Commissioner of Bureau of Labor and Industries to generate notice template for employers.

The Commissioner of the Bureau of Labor and Industries shall generate and make available on the Bureau of Labor and Industries website a template for a notice that employers may use to comply with the requirements of ORS 652.752. The commissioner shall make the template available in English and in each of the five most widely used non-English languages in this state. The commissioner shall update the languages for which the templates are available every five years. [2019 c.260 §2]
Note:
See note under 652.752.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.755 - Rules regarding notice to employees about state and federal earned income tax credits.

(1) As used in this section, "employer" has the meaning given that term in ORS 652.210.
(2) The Commissioner of the Bureau of Labor and Industries shall adopt rules, in collaboration with business representatives and with groups that advocate for low income people, to require employers to provide written notice to each employee about the state and federal earned income tax credits. The notice must:
(a) Be in English and in the language the employer typically uses to communicate with the employee.
(b) Be sent annually with the employee’s federal form W-2.
(c) Provide website addresses for the Internal Revenue Service and the Department of Revenue where the employee can find information about the state and federal earned income tax credits.
(3) The Bureau of Labor and Industries shall include, in any poster regarding the state minimum wage, notice to employees about the state and federal earned income tax credits. [2017 c.333 §1]
Note:
652.755 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 652 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 652 - Hours; Wages; Wage Claims; Records › Section 652.900 - 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 $1,000 against any person who violates ORS 652.020, 652.110, 652.140, 652.145, 652.260, 652.610 (4) or 652.750 or any rule adopted under those statutes.
(2) Civil penalties under this section shall be imposed as provided in ORS 183.745.
(3) All sums collected as penalties under this section shall be first applied toward reimbursement of costs incurred in determining the violations, conducting hearings under this section and addressing and collecting the penalties. The remainder, if any, of the sums collected as penalties under this section shall be paid into the State Treasury and credited to the General Fund and is available for general governmental expenses. [1989 c.852 §3; 1991 c.734 §59; 2001 c.690 §2; 2007 c.276 §2; 2007 c.546 §3; 2007 c.676 §2; 2009 c.141 §3]