reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.230 - Application for reapproval of plan.

(1) Except as provided in ORS 657B.240, an employer shall resubmit an application to the Director of the Employment Department for reapproval of a plan that was approved under ORS 657B.210. An employer shall apply for reapproval once a year for a three-year period following the date on which the director first approved the plan.
(2) Unless an employer has made changes to a plan that were not considered by the director in a previously approved or reapproved application, an employer need not submit an application for reapproval of the plan after expiration of the three-year period described in subsection (1) of this section. [2019 c.700 §45]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.240 - Withdrawal from plan; handling of employee deductions.

(1) An employer may elect to withdraw from a plan that was approved under ORS 657B.210 in the manner specified by the Director of the Employment Department by rule provided that the plan has been in effect for at least one year.
(2) If an employer elects to withdraw from an approved plan, any deductions made from the wages of an employee that remain in possession of the employer upon the employer’s withdrawal of the plan shall be disposed of as determined by the director. [2019 c.700 §46]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.250 - Portability of benefits and retention of eligibility status between jobs.

(1) An employee who is a covered individual under the program established under ORS 657B.340 retains such status until the employee qualifies for coverage under a plan approved under ORS 657B.210.
(2)(a) An employee who has ceased to be covered by a plan approved under ORS 657B.210, is, if otherwise eligible, automatically qualified to receive family and medical leave insurance benefits under the program established under ORS 657B.340.
(b) Notwithstanding ORS 657B.210 (3), an employee who was eligible for benefits under a plan approved under ORS 657B.210 is automatically eligible for benefits under a plan that is offered by a new employer and that has been approved under ORS 657B.210.
(c) For purposes of this subsection, an employee has ceased to be covered by an approved plan if:
(A) The employee takes family leave, medical leave or safe leave after the employee has separated from employment with an employer that offered a plan approved under ORS 657B.210;
(B) The employer has withdrawn from the plan as provided under ORS 657B.240;
(C) The Director of the Employment Department has terminated the plan under ORS 657B.220; or
(D) The director finds that the employer is insolvent or has discontinued doing business in this state. [2019 c.700 §47]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.260 - Successor in interest required to continue offering approved plan to eligible employees until withdrawal of plan; request for withdrawal.

(1) Except as provided in subsection (2) of this section, a plan that has been approved under ORS 657B.210 and that is in effect at the time a successor in interest acquires the organization, trade or business, or substantially all assets of the organization, trade or business or a distinct and severable portion of the organization, trade or business, and continues its operation without substantial reduction of personnel resulting from the acquisition, must continue to be offered to eligible employees and the successor in interest may not withdraw the plan without a specific request for withdrawal in a manner prescribed by the Director of the Employment Department by rule.
(2) Within 90 days following the date of an acquisition described in subsection (1) of this section, a successor in interest to an employer may terminate a plan that was approved under ORS 657B.210 and that was in effect on the date of acquisition without a request to withdraw the plan, provided the successor in interest provides notice to the director and all employees of the employer in a manner prescribed by the director by rule. [2019 c.700 §48]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.280 - Delinquent contributions and improper benefit payments as liens on real or personal property; foreclosure.

(1) This section applies to:
(a) An employer that fails to remit to the Department of Revenue any amount of contributions due under ORS 657B.150;
(b) An individual liable to repay any amount of benefits paid under this chapter to which the individual was not entitled;
(c) A person liable under ORS 657B.330 for amounts due under this chapter;
(d) A self-employed individual or tribal government that fails to remit to the Department of Revenue any amount of contributions due under ORS 657B.130;
(e) An employer liable to repay any amount of grant moneys awarded under ORS 657B.200 for which the employer was not eligible; and
(f) An individual or an employer liable for any amounts due under this chapter.
(2) If a judgment or final administrative order is rendered in favor of the Director of the Employment Department for amounts described in subsection (1) of this section, the amounts shall be a lien in favor of the director upon all property, whether real or personal, belonging to the employer, individual or person.
(3) The lien shall be perfected and attach:
(a) To real and personal property located within the county, upon the recording of a warrant, as provided in ORS 657B.300, with the clerk of the county in which the property is located.
(b) To personal property wherever located within the state, upon:
(A) The recording of a warrant, as provided in ORS 657B.300, with the clerk of any county; and
(B) The filing of a copy of the warrant with the Secretary of State as provided in ORS 657B.290.
(4) The lien created by this section may be foreclosed by a suit in the circuit court in the manner provided by law for the foreclosure of other liens on real or personal property. [2019 c.700 §17; 2023 c.120 §10]
Note:
Section 13 (5), chapter 120, Oregon Laws 2023, provides:
Sec. 13.
(5) The amendments to ORS 657B.280 by section 10, chapter 120, Oregon Laws 2023, apply to amounts due or liable to be repaid on or after January 1, 2023. [2023 c.120 §13(5); 2023 c.292 §16b(5)]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.290 - Filing of lien statement or warrant.

(1) Any warrant attaching the lien under ORS 657B.280 may also be filed in the office of the Secretary of State. Filing in the office of the Secretary of State has no effect until a copy of the statement of lien or the warrant has been recorded with the county clerk.
(2) When a copy of the statement of lien or the warrant is filed with the Secretary of State in compliance with subsection (1) of this section, such filing shall have the same effect with respect to personal property as if the copy of the statement of lien or the warrant had been duly recorded with the county clerk in each county of this state.
(3) A copy of the statement of lien or the warrant filed with the Secretary of State shall be filed and indexed by the Secretary of State in the same manner as provided under ORS 79.0501 for the filing and indexing of financing statements. [2019 c.700 §18]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.300 - Alternative remedies for collection of amounts liable to be repaid; warrants; execution by sheriff.

(1) In any case in which the Director of the Employment Department may bring a civil action for the collection of amounts liable to be repaid under ORS 657B.280, interest on those amounts or penalties, the director may instead issue a warrant for the amount liable to be repaid with the added interest, penalties, collection charges and the sheriff’s costs of executing the warrant. The Employment Department shall mail or deliver a copy of the warrant to the last known address of the employer, individual or person.
(2) At any time after issuing a warrant under this section, the department may record the warrant in the County Clerk Lien Record of any county of this state. Recording of the warrant has the effect described in ORS 205.125.
(3) After recording a warrant under this section, the director may direct the sheriff of the county in which the warrant is recorded to levy upon and sell any real and personal property, and levy upon any currency, belonging to the employer, individual or person and found within that county. The proceeds or currency shall be applied against the amount reflected in the warrant and the sheriff’s costs of executing the warrant.
(4) The sheriff shall proceed on the warrant in the same manner prescribed by law for executions issued against property pursuant to a judgment and is entitled to the same fees as provided for executions issued against property pursuant to a judgment. The fees of the sheriff shall be added to and collected as a part of the warrant liability.
(5)(a) The director may direct the warrant to any agent and authorize the agent to collect the amount reflected in the warrant.
(b) In the execution of the warrant the agent has all of the powers conferred by law upon sheriffs but is entitled to no fee or compensation in excess of actual expenses incurred in the execution.
(6) Amounts collected pursuant to this section shall be deposited in the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430. [2019 c.700 §19]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.310 - Release, compromise or satisfaction of lien.

(1)(a) The Director of the Employment Department may release, compromise or satisfy any lien provided for in ORS 657B.280 and 657B.290 by filing a notice of release or satisfaction with the county clerk of the county in which the notice of lien claim was filed.
(b) Upon filing of the notice under this subsection, the property against which the lien is claimed shall be released from the lien.
(2) The director may include in the amount received for the release of the lien any costs incurred by the director in collecting the amounts due.
(3) Amounts collected pursuant to this section shall be deposited in the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430. [2019 c.700 §20]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.330 - Liability of certain officers, members, partners or employees for amounts in default.

(1) This section applies to an individual who is one or more of the following:
(a) An officer or employee of a corporation;
(b) A member or employee of a limited liability company; or
(c) A partner in or employee of a limited liability partnership.
(2) In the case of default by an employer subject to ORS 657B.320, an individual described in subsection (1) of this section who is under a duty to perform the actions required of employers under ORS 657B.150 shall be personally liable for amounts due under ORS 657B.150. More than one individual may be jointly and severally liable under this section for amounts due.
(3) If the Director of the Employment Department determines that an amount is due under this section, the director shall issue a notice of assessment to the individual liable under this section by mail to the individual’s last known address of record with the director.
(4) If the director has reason to believe that the individual liable under this section is insolvent, the director may issue a jeopardy assessment as provided under ORS 657B.370 (4).
(5) Amounts assessed under this section may be reviewed in the manner provided by ORS 657B.370 (5). [2019 c.700 §25]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.334 - Ineligibility for benefits upon conviction of fraud in obtaining benefits.

(1) If a person is convicted by a court of competent jurisdiction of willfully making a false statement or misrepresentation, or willfully failing to report a material fact, to obtain any benefits under this chapter, in addition to any penalties imposed by the court, the person shall:
(a) Be ineligible for benefits based upon wages paid to the person in the calendar quarter in which the person was convicted and in all prior calendar quarters; and
(b) Be ineligible for benefits after the conviction until the person has reimbursed the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430 for the full amount received as a result of the false statement or misrepresentation or of the failure to report a material fact.
(2) The provisions of this section are in addition and supplemental to the provisions of ORS 657B.332. [2023 c.120 §4]
Note:
See note under 657B.332.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.335 - Deduction of benefits paid in error not due to recipient fault; director discretion; civil action by director to recover benefits paid in error.

(1)(a) If the Director of the Employment Department decides that a covered individual has been paid benefits to which the covered individual is not entitled because of an error not due to the covered individual providing a false statement or misrepresentation of a material fact or not disclosing a material fact, or because an initial decision to pay benefits is subsequently reversed by a decision finding that the covered individual is not eligible for the benefits, then the covered individual is liable to have the amount of any benefits paid in error deducted from any future benefits otherwise payable to the covered individual under this chapter for any week or weeks within five years following the week in which the decision establishing the erroneous payment became final.
(b) For purposes of paragraph (a) of this subsection, the director may deduct all or any part of the covered individual’s future weekly benefits.
(c) Any notice provided to a covered individual of the covered individual’s liability for recovery of benefits under this section must include a description of:
(A) The basis for the director’s decision that benefits have been overpaid; and
(B) The consequences of the overpayment, including recovery of the overpaid amount and the possibility of waiver under ORS 657B.336.
(2) Subject to ORS 657B.410, a decision of the director under this section does not authorize the recovery of the amount of any benefits paid to a covered individual until the decision is final.
(3) The director may bring a civil action against a covered individual to recover amounts paid to the covered individual in excess of the maximum benefits allowable pursuant to this chapter. [2023 c.120 §2]
Note:
See note under 657B.332.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.336 - Waiver of recovery of overpaid benefits.

(1) The Director of the Employment Department shall waive recovery of overpaid benefits under ORS 657B.335 if the director finds that the benefits are recoverable due to a change in state law, the application of which has caused the disqualification of benefits previously paid.
(2) The director may not waive recovery under this section of overpaid benefits that are subject to the penalty imposed under ORS 657B.332 (3).
(3) The director may waive establishment and recovery of overpaid benefits when no decision has been issued under ORS 657B.332 or 657B.335 and the amount of the overpayment is equal to or less than one-half of the maximum weekly benefit amount in effect at the time the overpayment is discovered.
(4) Any waiver granted under this section extinguishes all liability of the debtor for the waived amounts. [2023 c.120 §3]
Note:
See note under 657B.332.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.337 - Cancellation of unrecoverable benefit payments and amounts of interest or penalties due and unpaid.

(1)(a) If any amount paid to a covered individual as benefits, for which the covered individual has been found liable under the provisions of ORS 657B.332 to repay or to have deducted from benefits payable, has been neither repaid nor deducted within a period of five years following the date the decision establishing the overpayment became final, and is equal to or less than one-half of the state maximum weekly benefit amount in effect at the time the overpayment is discovered, or determined by the Director of the Employment Department to be uncollectible, the overpayment, together with the record of the overpayment and the resulting shortage, may be canceled.
(b) Notwithstanding paragraph (a) of this subsection, the overpayment may not be canceled if the debt is being recovered by payments or deductions that were received within the last three months or if repayment of the overpayment is required under ORS 657B.334.
(2) If an amount paid to a covered individual as benefits, for which the covered individual has been found liable under the provisions of ORS 657B.335 to have deducted from benefits payable, has not been waived under ORS 657B.336, paid or deducted from benefits otherwise payable to the covered individual for any week or weeks within five years following the week in which the decision establishing the overpayment became final, the overpayment, together with the record of the overpayment and the resulting shortage, shall be canceled.
(3) When in the judgment of the director the best interests of the Employment Department are served in an effort to settle accounts, the director may waive, reduce or compromise any part or all of the interest or penalty charged pursuant to ORS 657B.332. The director may determine that the amount of interest or penalty due and unpaid is uncollectible, and write off the amount. In making the determination that interest or a penalty is uncollectible, the director shall consider, among other factors:
(a) The administrative costs of continued collection efforts in relation to the amount due;
(b) The accessibility of the debtor for effective collection actions; and
(c) The debtor’s financial condition and ability to pay the amount due, both current and projected. [2023 c.120 §5]
Note:
See note under 657B.332.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.338 - Request for offset of moneys owed to debtor by Department of Revenue against certain amounts owed by debtor; fees.

(1) The Director of the Employment Department may pay a fee charged by the Department of Revenue pursuant to ORS 293.250 for processing a request to offset against liquidated state debt a state tax refund owed to the debtor.
(2) The net amount received from the Department of Revenue after deduction of fees charged under subsection (1) of this section shall be offset against the debt. [2023 c.120 §6]
Note:
Section 13 (2), chapter 120, Oregon Laws 2023, provides:
Sec. 13.
(2) Section 6, chapter 120, Oregon Laws 2023 [657B.338], applies to amounts owed by a debtor on or after January 1, 2023. [2023 c.120 §13(2); 2023 c.292 §16b(2)]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.339 - Authority of director to compromise or adjust contribution debts or overpayments.

When in the judgment of the Director of the Employment Department the best interests of the Employment Department are served, the director may:
(1) Waive, reduce or compromise any balance of $10 or less from a contribution due under ORS 657B.150; or
(2) Retain any overpayment of $10 or less from a contribution paid under ORS 657B.150. [2023 c.120 §8]
Note:
Section 13 (4), chapter 120, Oregon Laws 2023, provides:
Sec. 13.
(4) Section 8, chapter 120, Oregon Laws 2023 [657B.339], applies to contributions due or paid on or after January 1, 2023. [2023 c.120 §13(4); 2023 c.292 §16b(4)]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.340 - Family and medical leave insurance program; administration of program; rules; state agency assistance.

(1) The Director of the Employment Department shall establish a family and medical leave insurance program to provide family and medical leave insurance benefits to a covered individual as specified in this chapter.
(2) Not later than September 1, 2022, the director shall adopt rules that are necessary to establish the program under subsection (1) of this section, including but not limited to rules that:
(a) Establish an outreach plan for the program to receive input from, and disseminate information to, employers and eligible employees.
(b) Establish a process by which employers may apply for approval of an employer-offered benefit plan under ORS 657B.210.
(3) The director may enter into interagency agreements to perform the duties and functions necessary to implement and administer this chapter.
(4) Whenever possible, the director shall use existing employer and public infrastructure to maintain records, conduct outreach and facilitate contributions made to the program.
(5) All agencies of state government, as defined in ORS 174.111, shall, upon request of the director, assist in the performance of the director’s duties under this chapter, including but not limited to outreach, technical assistance and training. [2019 c.700 §33; 2021 c.639 §1; 2022 c.24 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.350 - Third party administrator; agreements; oversight by director.

(1) The Director of the Employment Department may enter into an agreement with a third party to implement this chapter and to serve as the administrator of the program established under ORS 657B.340. The director may enter into such an agreement only on a competitive bid basis.
(2) Every service provided by a third party administrator pursuant to an agreement entered into under this section is subject to the same requirements provided under this chapter as if the services had been provided by the director.
(3) A third party administrator that enters into an agreement with the director under this section is subject to oversight by the director.
(4) Costs incurred by the director pursuant to an agreement with a third party administrator entered into under this section may not be recovered by an increase in the contribution rate determined by the director under ORS 657B.150. [2019 c.700 §34]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.360 - Determining number of employees employed by employer; replacement workers; rules.

(1) Subject to subsection (2) of this section, for purposes of ORS 657B.060 and 657B.150, the Director of the Employment Department shall establish by rule a method to determine on an annual basis the number of employees employed by an employer. The method shall require that the determination be based on the average number of employees employed by the employer in the 12-month period immediately preceding the date on which the determination is made.
(2) A replacement worker who is hired to temporarily replace an eligible employee during a period of family leave, medical leave or safe leave shall not be counted as an employee for purposes of determining the number of employees employed by an employer. [2019 c.700 §35]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.380 - Advisory committee; membership; terms.

(1) The Director of the Employment Department shall establish an advisory committee to review issues related to the implementation and administration of the family and medical leave insurance program established under ORS 657B.340 and rulemaking related to the program.
(2)(a) The advisory committee shall consist of nine members appointed by the director as follows:
(A) A representative of the Employment Department.
(B) Four members who represent employees.
(C) Four members who represent employers, at least one of whom represents employers that employ fewer than 25 employees.
(b) Members shall serve for a term of two years and may be reappointed. If there is a vacancy for any cause, the director shall make an appointment to become immediately effective for the unexpired term.
(c) The representative of the department shall serve as chairperson of the advisory committee.
(3) The advisory committee shall advise and make recommendations to the director regarding issues related to the program, including but not limited to:
(a) Implementation;
(b) Administration; and
(c) Rulemaking.
(4) Members of the advisory committee are not entitled to compensation but may be reimbursed for actual and necessary travel or other expenses incurred in the performance of their official duties. The director shall pay the expenses out of funds appropriated to the department under section 59, chapter 700, Oregon Laws 2019.
(5) All agencies of state government, as defined in ORS 174.111, are directed to assist the advisory committee in the performance of the duties of the advisory committee and, to the extent permitted by laws relating to confidentiality, to furnish information and advice that the members of the advisory committee consider necessary to perform their duties. [2019 c.700 §36]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.390 - Employment records; inspection.

(1) All employers shall maintain payroll records, including account records that document employee contributions and expenses, and employment records that reflect the total hours worked by all employees and the amount of leave taken by employees under this chapter for the current calendar year and the three prior calendar years.
(2) The Director of the Employment Department may inspect the payroll and employment records of employers for the purpose of administering this chapter. Employers must provide the director with all pertinent payroll and employment records upon request.
(3) When an employment agency is acting as an employer, the requirements under subsections (1) and (2) of this section shall be the responsibility of the employment agency. [2019 c.700 §37]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.410 - Appeals process, generally; process subject to judicial review.

(1) The Director of the Employment Department shall establish a process by which:
(a) An employer may request a hearing to obtain review of a final decision of the director regarding any of the following:
(A) Approval or denial of an employer’s application for approval of a plan under ORS 657B.210;
(B) The assessment of penalties under ORS 657B.925; or
(C) A determination made under ORS 657B.332.
(b) A covered individual may request a hearing to obtain review of a final decision of the director regarding any of the following:
(A) Approval or denial of a claim submitted to the director for payment of family and medical leave insurance benefits;
(B) The weekly benefit amount payable to a covered individual as determined under ORS 657B.050;
(C) Matters affecting the covered individual under ORS 657B.040 or 657B.332; or
(D) Benefit overpayments, including overpayments under ORS 657B.335.
(c) A self-employed individual or a tribal government may request a hearing to review a final decision of the director regarding elective coverage under ORS 657B.130.
(d) An employer may request a hearing:
(A) To review a final decision of the director regarding contributions under this chapter;
(B) Regarding decisions of the director regarding penalties under this chapter; or
(C) To review a final decision of the director regarding a grant made available under this chapter.
(2) Notwithstanding ORS 183.315, the process established by the director under this section shall comply with provisions for a contested case under ORS chapter 183 and is subject to judicial review as provided in ORS 183.482.
(3)(a) Notwithstanding any other law, a party to a proceeding described under this section may authorize a legal representative or other person to represent the party in the proceeding in the manner prescribed by the director by rule. A legal representative or other person who is authorized to represent the party in the proceeding must comply with any procedures or process regarding such representation established by the department by rule, including, but not limited to, a rule establishing the maximum amount that the legal representative or other authorized person may charge for such representation.
(b) For purposes of this subsection, "person" includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies, this state and the political subdivisions of this state. [2019 c.700 §31; 2023 c.120 §12; 2023 c.292 §9a]
Note:
Section 16 (6) and (7), chapter 292, Oregon Laws 2023, provides:
Sec. 16.
(6) The amendments to ORS 657B.410 by section 9a of this 2023 Act apply to hearings regarding final decisions of the Director of the Employment Department occurring on or after January 1, 2023.
(7) The amendments to ORS 657B.420 by section 10 of this 2023 Act apply to determinations by the department that occurred on or after September 3, 2023. [2023 c.292 §16(6),(7); 2023 c.292 §16a(6),(7)]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.420 - Appeals of decisions under equivalent employer plan; rules.

The Director of the Employment Department shall establish by rule a method to resolve disputes between employers and employees concerning coverage and benefits provided under a plan approved under ORS 657B.210 that may, as appropriate, employ the appeals process established under ORS 657B.410 to provide employers and employees an opportunity to obtain review of a determination by the director. [2019 c.700 §32; 2023 c.292 §10]
Note:
See note under 657B.410.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.440 - Employer required to provide notice advising employees of rights and duties.

(1) An employer shall provide written notice to each employee of the duties and rights of an eligible employee under this chapter in accordance with rules adopted by the Director of the Employment Department. At a minimum, the notice must advise the employee of the following:
(a) The right of an eligible employee to claim and receive family and medical leave insurance benefits under this chapter;
(b) The procedure for filing a claim for benefits under ORS 657B.090;
(c) That an eligible employee must provide notice to an employer before the employee commences leave, as required under ORS 657B.040, and a description of the penalties for failure to comply with the notice requirements;
(d) The right of an eligible employee to job protection and benefits continuation under ORS 657B.060;
(e) The right of an eligible employee to appeal a decision or determination made by the director under ORS 657B.410;
(f) That discrimination and retaliatory personnel actions against an employee for inquiring about the family and medical leave insurance program established under ORS 657B.340, giving notification of leave under the program, taking leave under the program or claiming family and medical leave insurance benefits are prohibited;
(g) The right of an eligible employee to bring a civil action or to file a complaint for violation of ORS 657B.060 or 657B.070; and
(h) That any health information related to family leave, medical leave or safe leave provided to an employer by an employee is confidential and may not be released without the permission of the employee unless state or federal law or a court order permits or requires disclosure.
(2) A notice provided to an employee under this section must be in the language the employer typically uses to communicate with the employee.
(3) The director shall make available to employers a model notice that meets the requirements of this section. [2019 c.700 §8]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.460 - Construction of chapter.

This chapter establishes minimum requirements pertaining to family leave, medical leave and safe leave and may not be construed to preempt, limit or otherwise diminish the applicability of any employer policy, standard or collective bargaining agreement that provides for greater use of family leave, medical leave or safe leave under state or federal law. [2019 c.700 §49a]
Note:
Section 49, chapter 700, Oregon Laws 2019, provides:
Sec. 49. Reopening or renegotiation of collective bargaining agreement.
Nothing in sections 1 to 51 of this 2019 Act [ORS chapter 657B] requires the reopening or renegotiation of a collective bargaining agreement entered into before the effective date of this 2019 Act [September 29, 2019] prior to the date on which the agreement expires. [2019 c.700 §49]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.470 - Preemption of local laws relating to paid family and medical leave.

Except as provided in ORS 657B.210, ORS chapter 657B supersedes and preempts any rule, regulation, code or ordinance of any unit of a local government, as defined in ORS 174.116, relating to paid family and medical leave. [2019 c.700 §61]
Note:
657B.470 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 657B 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 657B - Family and Medical Leave Insurance › Section 657B.480 - State agency assistance; intergovernmental agreements.

The Director of the Employment Department may enter into intergovernmental agreements under ORS chapter 190 with the Department of Revenue, the Department of Consumer and Business Services, the Bureau of Labor and Industries and any other agency to provide outreach, technical assistance or compliance services related to this chapter on behalf of the director. [2019 c.700 §40]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.900 - Criminal penalties.

(1) In addition to any penalties otherwise prescribed under this chapter, violation of any provision of this chapter is a Class A misdemeanor.
(2) If an offending employer is a corporation, the president, secretary and the treasurer, or officers exercising corresponding functions, are subject to the penalties in this section in respect to any duties of which they respectively had knowledge or in the proper exercise of their duties ought to have had knowledge.
(3) Subject to ORS 153.022, willful violation of this chapter or of any order issued or rule adopted under this chapter, the violation of which is made unlawful or the compliance with which is required under this chapter, and for which a penalty is neither prescribed in this section nor provided by any other applicable statute, is a Class C misdemeanor. Each day the violation continues is considered a separate offense. [2019 c.700 §30]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.910 - Penalty when employer fails to file contribution reports or pay contributions when due; notice of failure; waiver.

(1) On or before June 30 of each year, the Director of the Employment Department shall send a written notice to each employer that has failed to file all reports as required by the director or to pay all contributions due under ORS 657B.150, warning the employer about the penalty provided in subsection (2) of this section.
(2) If, prior to September 1 of each year, an employer has failed to file all required reports and pay all contributions due in that year under ORS 657B.150, the employer shall pay a penalty equal to one percent of the wages of the employer’s employees in the preceding calendar year.
(3)(a) On or before October 20 of each year, the director shall assess the penalty provided in subsection (2) of this section and send written notification of the assessment to the employer’s last known address.
(b) Notwithstanding paragraph (a) of this subsection, the director may waive the penalty for good cause if the employer has filed the required reports and payments.
(4) On or before November 10 following a penalty assessment under subsection (3) of this section, the employer that is assessed the penalty may submit a written request to the director that the penalty be waived. The request must contain the specific reasons for the failure to file the required reports or payments prior to September 1.
(5)(a) If the request for waiver of the penalty is denied, the director shall send written notification of the denial to the employer at the employer’s last known address. The decision denying the request shall become final unless within 20 days from the date on which the notification of the decision is sent to the employer, the employer files a written request for a hearing that states the reasons for the request.
(b) Hearings, decisions and reconsiderations under this section shall be conducted in accordance with rules adopted by the director.
(c) Judicial review of an order assessing a penalty under this section shall be as provided for review of orders in contested cases under ORS chapter 183, except that the petition must be filed within 20 days after the issuance of the order of the director.
(6) The penalty provided in subsection (2) of this section shall be collected in accordance with the provisions of ORS 657B.280, 657B.290, 657B.300 and 657B.310, and any amounts collected pursuant to this subsection shall be paid to the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430. [2019 c.700 §22]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.920 - Penalty when employer fails to file reports; amount of penalty; request for deletion of penalty.

(1) If an employer fails to file a combined quarterly report of wages earned and contributions paid under ORS 657B.150 by the 10th day of the second month following the end of the calendar quarter, the Director of the Employment Department, for the first such failure, shall send to the employer at the employer’s last known address a written notice warning the employer that a subsequent failure to file a report could result in the imposition of a late filing penalty.
(2) If an employer, without good cause, fails to file a timely report within the three-year period immediately following a written warning sent pursuant to subsection (1) of this section, the employer may be assessed a late filing penalty in addition to other amounts due.
(3) Except as provided in subsection (4) of this section, a penalty assessed under subsection (2) of this section shall be 0.02 percent of the wages of the employer’s employees rounded to the nearest $100.
(4) A penalty assessed under subsection (2) of this section for an employer who has no employees during the calendar quarter to which a quarterly report relates shall be as follows:
(a) $10 for the first report filed late within the three-year period immediately following a written notice sent pursuant to subsection (1) of this section.
(b) $25 for the first report filed late within the three-year period immediately following the assessment of a penalty under subsection (2) of this section.
(c) $50 for the second report filed late within the three-year period immediately following the assessment of a penalty under subsection (2) of this section.
(d) $100 for the third or subsequent report filed late within the three-year period immediately following the assessment of a penalty under subsection (2) of this section.
(5)(a) A penalty assessed under this section is final unless, within 20 days after the date the assessment is mailed to the last known address of the employer, the employer requests that the penalty be deleted. The request must be in writing and state the reason why the report was filed late.
(b) If the director determines that the employer had good cause for filing the report late, the penalty shall be deleted. If it is determined there was not good cause for filing the report late, the request for deletion shall be denied.
(6)(a) A determination denying the request for deletion is final unless, within 20 days after the date the determination is mailed to the last known address of the employer, the employer files a request for hearing. The request for hearing must be in writing and state the reasons why the determination should not be affirmed.
(b) Judicial review of the determination of denial shall be as provided for review of orders in contested cases in ORS chapter 183, except that the request for hearing must be filed within 20 days after the issuance of the determination of the director or a designated representative. [2019 c.700 §27]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657B - Family and Medical Leave Insurance › Section 657B.925 - Penalties for employer violation of requirements applicable to employer-offered benefit plans.

(1) If the Director of the Employment Department determines that an employer that offers benefits pursuant to a plan approved under ORS 657B.210 has at any time violated any requirements applicable to plans approved under ORS 657B.210, the director may assess the following penalties against the employer:
(a) $1,000 for the first violation.
(b) $2,000 for the second and each subsequent violation.
(2) The director may waive collection of a penalty assessed under subsection (1) of this section if the employer corrects the violation within 30 days of receiving a notice of the violation and the notice is for a first violation.
(3) The director may waive collection of any penalties if the director determines the violation to be an inadvertent error by the employer.
(4) Monetary penalties collected under this section shall be deposited in the Paid Family and Medical Leave Insurance Fund established under ORS 657B.430.
(5) The decision of the director to assess a penalty under this section shall become final unless within 20 days following the date of the notice informing the employer of the penalty, the employer submits a written request for a hearing under ORS 657B.410 to review the director’s decision. A decision of the director to assess a penalty under this section does not authorize the collection of the penalty until the decision becomes final. [2023 c.120 §7]
Note:
Section 13 (3), chapter 120, Oregon Laws 2023, provides:
Sec 13.
(3) Section 7, chapter 120, Oregon Laws 2023 [657B.925], applies to penalties assessed on or after September 3, 2023. [2023 c.120 §13(3); 2023 c.292 §16b(3)]
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 658.005 - Definitions for ORS 658.005 to 658.245.

As used in ORS 658.005 to 658.245, unless the context requires otherwise:
(1) "Applicant for employment" or "applicant" means an individual who is seeking or who has obtained employment through the services of an employment agency.
(2) "Charge for services" means any money or other consideration paid or promised to be paid by an applicant for employment for services rendered by an employment agency.
(3) "Commissioner" means the Commissioner of the Bureau of Labor and Industries.
(4)(a) "Employment agency" or "agency" means a business, service, bureau or club operated by a person, firm, organization, limited liability company or corporation engaged in procuring for a fee, employment for others and employees for employers.
(b) "Employment agency" or "agency" does not include:
(A) A nursing school, business school or career school that does not charge a fee for placement.
(B) Any business, person, service, bureau, organization or club that by advertisement or otherwise offers as its main object or purpose to counsel, teach or prepare individuals to obtain employment, and which charges for its services, whether in the form of dues, tuition, membership fees, registration fees or any other valuable service.
(C) Any business, service, bureau or club operated by a person engaged in procuring employment for others when the charges for services are paid, directly or indirectly, by anyone other than the applicant for employment.
(D) An employment listing service, as defined in ORS 658.250. [1953 c.694 §1; 1959 c.395 §15; 1961 c.380 §1; 1973 c.678 §1; 1981 c.318 §1; 1983 c.607 §1; 1987 c.306 §2; 1995 c.343 §54; 1997 c.55 §2; 2003 c.406 §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 658.008 - Purpose.

The purpose of ORS 658.005 to 658.245 is to protect the health, safety and general welfare of the people of Oregon in their dealings with employment agencies. To accomplish this purpose the Legislative Assembly intends:
(1) To provide a procedure for determining where employment agencies will be operated in this state.
(2) To assure the public that persons operating employment agencies in this state are of good character and responsibility.
(3) To assure the public that the practices and procedures of employment agencies will result in individuals acquiring and retaining employment reasonably suited to their skills and needs.
(4) To regulate the circumstances under which charges for services may be charged or collected by employment agencies, but not to include the setting of maximum permanent fees in schedules published by employment agencies.
(5) To provide for the administration and enforcement of ORS 658.005 to 658.245 by the Commissioner of the Bureau of Labor and Industries. [1973 c.678 §24; 1981 c.318 §2; 1997 c.55 §3]