reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 651 - Bureau of Labor and Industries › Section 651.040 - Bond of commissioner.

(1) The Commissioner of the Bureau of Labor and Industries shall, before entering upon the duties of the office of the commissioner, execute a bond to the state in the sum of $5,000, conditioned upon the faithful, honest and impartial performance of the duties under ORS 651.030, 651.050, 651.060, 651.120, 651.160 and 651.170 and upon the prompt and faithful accounting for all fees of any nature collected by the commissioner or by designated assistants or deputies.
(2) The bond shall be approved by the Attorney General regarding its legal form and be filed in the office of the Secretary of State.
(3) The premium on the bond shall be payable from any fund under the control and administration of the commissioner or of the Bureau of Labor and Industries or from any appropriation made for the purpose of defraying the expenses of the commissioner or of the Bureau of Labor and Industries. [Amended by 1979 c.225 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 651 - Bureau of Labor and Industries › Section 651.050 - Duties of commissioner.

The Commissioner of the Bureau of Labor and Industries shall cause to be enforced:
(1) All laws regulating the employment of adults and minors.
(2) All laws established for the protection of the health, lives and limbs of persons employed in workshops, factories, mills and other places.
(3) All laws enacted for the protection of employees.
(4) Laws which declare it to be a misdemeanor on the part of employers to require as a condition of employment the surrender of any rights of citizenship.
(5) Laws regulating and prescribing the qualifications of persons in apprenticeable trades and crafts, and similar laws. [Amended by 1959 c.406 §31; 1979 c.225 §2; 1981 c.851 §1; 1987 c.414 §90; 1995 c.386 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 651 - Bureau of Labor and Industries › Section 651.065 - Power to issue warrants for collection of debt owed Bureau of Labor and Industries.

(1) If, upon entry of judgment and expiration of any time period for timely filing of notice of appeal, an amount due to the Bureau of Labor and Industries is not paid within 30 days of the date payment becomes due, and no provision has been made to secure the payment, the Commissioner of the Bureau of Labor and Industries may issue a warrant. The warrant may be filed with the county clerk of any county in this state and recorded in the County Clerk Lien Record of the county in which it is filed. The amount of the warrant issued under this section must include the principal amount of the debt, any added interest accumulated pursuant to ORS 82.010 or other applicable law and any costs associated with the recording, indexing and serving of the warrant and any satisfaction and release thereof. A copy of the warrant shall be mailed to the debtor by the bureau at the last known address of the debtor.
(2) After receiving the warrant, the county clerk shall enter the warrant in the County Clerk Lien Record in the manner described in ORS 205.125. The warrant shall have the effect described in this section and ORS 205.125 and 205.126 and may be enforced as provided in ORS 18.854, 205.125 and 205.126. [2015 c.294 §1]
Note:
651.065 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 651 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 651 - Bureau of Labor and Industries › Section 651.070 - Duty to prepare model respectful workplace policy and create informational materials identifying harms caused by workplace bullying.

(1) The Bureau of Labor and Industries shall prepare a model respectful workplace policy that employers may adopt. In preparing the model policy, the bureau shall take into consideration existing respectful workplace policies.
(2) The bureau shall create informational materials that identify the harms to employees and employers caused by workplace bullying and make the materials available to employers. [2023 c.165 §1]
Note:
651.070 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 651 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 651 - Bureau of Labor and Industries › Section 651.110 - Assistance and cooperation in enforcement of Fair Labor Standards Act of 1938.

The Bureau of Labor and Industries may assist and cooperate with the United States Department of Labor in the enforcement within this state of the Fair Labor Standards Act of 1938. Subject to the regulations of the United States Department of Labor and the laws of this state applicable to the receipt and expenditure of moneys, the bureau may be reimbursed by the United States Department of Labor for the reasonable cost of such assistance and cooperation. Records of the bureau acquired under this section shall be kept in confidence to the same extent the records of the United States Department of Labor are confidential, except that the records shall at all times be available to the proper agencies of the United States Government. [Amended by 2005 c.22 §456]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 651 - Bureau of Labor and Industries › Section 651.120 - Entry and examination of workplaces.

(1) The Commissioner of the Bureau of Labor and Industries may:
(a) Enter any factory, mill, office, workshop, or public or private works, at any reasonable time, for the purpose of gathering facts such as are contemplated by ORS 279C.850, 652.330, 653.045 and 659A.835.
(b) Examine into the methods of protection from danger to employees, and the sanitary conditions in and around such buildings and places, and make a record thereof.
(2) An owner or occupant, or the respective agent, of any factory, mill, office, or workshop, or public or private works, may not refuse to allow an inspector or employee of the Bureau of Labor and Industries to enter. [Amended by 1979 c.225 §4; 2001 c.621 §86; 2003 c.794 §306; 2013 c.296 §14]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 651 - Bureau of Labor and Industries › Section 651.160 - Bureau of Labor and Industries Account.

(1) There hereby is established in the General Fund in the State Treasury an account to be known as the Bureau of Labor and Industries Account. Except as otherwise provided by law, all fees of whatever kind, and moneys received or collected by the Bureau of Labor and Industries, from every source, and paid into the State Treasury pursuant to law shall be credited to the Bureau of Labor and Industries Account. Except as otherwise provided by law, all moneys in the Bureau of Labor and Industries Account hereby are appropriated continuously for the payment of the salaries and all other expenses of the Bureau of Labor and Industries. All fees collected pursuant to ORS 651.060 (5) are appropriated continuously for the payment of expenses of public information programs conducted pursuant to ORS 651.060 (5).
(2) The Commissioner of the Bureau of Labor and Industries shall keep a record of all moneys deposited in the Bureau of Labor and Industries Account. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is charged. [Amended by 1957 c.465 §1; 1979 c.659 §4; 1983 c.636 §2; 2013 c.296 §18]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 651 - Bureau of Labor and Industries › Section 651.170 - Payment of expenses.

The Commissioner of the Bureau of Labor and Industries may incur such expense and employ such clerical aids as may be necessary to carry out ORS 651.030, 651.050, 651.060 and 651.120. The Oregon Department of Administrative Services may draw warrants on the State Treasurer for the payment of such expense upon properly verified vouchers approved by the commissioner. However, such expense shall not exceed at any time the amount appropriated therefor. [Amended by 1959 c.627 §10; 1983 c.740 §239; 2003 c.794 §307; 2009 c.161 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 651 - Bureau of Labor and Industries › Section 651.185 - Prevailing Wage Education and Enforcement Account.

The Prevailing Wage Education and Enforcement Account is created in the General Fund of the State Treasury. All moneys in the account are appropriated continuously to the Commissioner of the Bureau of Labor and Industries to:
(1) Administer and provide investigations under and enforce the provisions of ORS 279C.800 to 279C.870;
(2) Provide educational programs on public contracting and purchasing law under ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C; and
(3) Conduct surveys to determine prevailing wages. [1995 c.594 §7; 1999 c.152 §2; 2003 c.794 §308]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 651 - Bureau of Labor and Industries › Section 651.190 - Demographic data collection reporting requirements for hospitals; list of hospitals required to report; civil penalty; rules.

(1) As used in this section:
(a) "Hospital" has the meaning given that term in ORS 442.015.
(b) "Report" means any report or survey showing the demographics of an employer’s workforce by race, ethnicity, sex and job categories, that is required by:
(A) The United States Equal Employment Opportunity Commission in accordance with 42 U.S.C. 2000e-8(c); or
(B) The United States Department of Education in accordance with 20 U.S.C. 1094.
(2) No later than 90 days after a hospital’s annual report is due to the United States Equal Employment Opportunity Commission or the United States Department of Education, the hospital shall file a copy of the hospital’s report with the Commissioner of the Bureau of Labor and Industries.
(3) The commissioner shall post the reports submitted under subsection (2) of this section to the website of the Bureau of Labor and Industries.
(4) The Oregon Health Authority shall annually provide to the commissioner a list of all hospitals required to file a report.
(5) If the commissioner determines that a hospital has failed to file a report as required by this section, the commissioner may assess a civil penalty in an amount prescribed by ORS 651.195.
(6) The commissioner may extend the deadline for filing reports under subsection (2) of this section if the extension is requested prior to the deadline.
(7) The commissioner shall prescribe by rule:
(a) The form and manner for filing reports under subsection (2) of this section; and
(b) The procedure for extending the deadline for filing reports under subsection (6) of this section. [2023 c.421 §1]
Note:
651.190 and 651.195 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 651 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 651 - Bureau of Labor and Industries › Section 651.195 - Civil penalties.

(1) Civil penalties under ORS 651.190 shall be imposed in accordance with ORS 183.745 and may not exceed $500 for each day of noncompliance.
(2) All sums collected as civil penalties under this section must first be applied toward reimbursement of the costs incurred in determining the violations, conducting hearings and assessing and collecting the penalty. The remainder, if any, shall be paid over by the Commissioner of the Bureau of Labor and Industries to the Department of State Lands for the benefit of the Common School Fund. The department shall issue a receipt for the moneys to the commissioner. [2023 c.421 §2]
Note:
See note under 651.190.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 651 - Bureau of Labor and Industries › Section 651.200 - Definitions.

As used in this section and ORS 651.205:
(1) "Live entertainment" means a presentation given in major part by humans to a live audience.
(2) "Live entertainment facility" means a place of public accommodation:
(a) That contains 600 or fewer fixed seats;
(b) That is operated for profit;
(c) That is privately owned;
(d) For which the performance of live entertainment is a contributing factor in the generation of revenue for the facility; and
(e) For which the number of live entertainment contractors exceeds the number of employees of the facility for at least two days during each week that the facility is open to the public. [2015 c.735 §1]
Note:
651.200 and 651.205 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 651 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 651 - Bureau of Labor and Industries › Section 651.205 - Posting notice of workplace rights for live entertainers; establishment of hotline for inquiries and complaints from live entertainers; confidentiality.

(1) The operator of a live entertainment facility shall display the poster developed by the Commissioner of the Bureau of Labor and Industries under subsection (2) of this section in a conspicuous manner in a sufficient number of places in the establishment to be read by all persons working in the establishment.
(2)(a) The Commissioner of the Bureau of Labor and Industries shall develop a poster that includes:
(A) A summary of the rights of independent contractors and employees who perform live entertainment;
(B) A description of the services offered through and the toll-free telephone number of the live entertainer hotline established under subsection (3) of this section; and
(C) Any additional information determined to be necessary by the commissioner.
(b) The Bureau of Labor and Industries shall publish the poster developed by the commissioner under this subsection on the bureau’s website and shall make the poster available to the public at no cost.
(3)(a) The bureau shall implement and maintain a toll-free telephone hotline to receive inquiries and complaints related to employment in the performance of live entertainment.
(b) A caller to the hotline may remain anonymous and may request that the inquiry or complaint remain confidential.
(c) The bureau shall staff the hotline on a half-time basis with a person or persons who have a background in providing live entertainment as an independent contractor or a background in the operation of a crisis line.
(d) The bureau may share information that has not been designated confidential by a hotline caller with agencies participating in the Interagency Compliance Network established under ORS 670.700, law enforcement agencies or any other agency designated by the commissioner. [2015 c.735 §2]
Note:
See note under 651.200.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 651 - Bureau of Labor and Industries › Section 651.990 - Penalties.

(1) Willful neglect or refusal by any person subpoenaed under ORS 651.060 to attend or testify at the time and place named in the subpoena is a Class C misdemeanor.
(2) Violation of ORS 651.120 (2) is a Class C misdemeanor. [Amended by 1983 c.740 §240; 2011 c.597 §262]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.010 - Declaration of public policy concerning maximum working hours in certain industries.

(1) It is the public policy of this state that no person shall be hired, nor permitted to work for wages, under any conditions or terms, for longer hours or days of service than is consistent with the person’s health and physical well-being and ability to promote the general welfare by the person’s increasing usefulness as a healthy and intelligent citizen.
(2) It hereby is declared that the working of any person more than 10 hours in one day in any mill, factory or other manufacturing establishment or the working of any person more than eight hours, exclusive of one hour, more or less, in one day, or more than 48 hours in one workweek, as defined in ORS 652.020, in sawmills, planing mills, shingle mills and logging camps is injurious to the physical health and well-being of such person, and tends to prevent the person from acquiring that degree of intelligence that is necessary to make the person a useful and desirable citizen of the state. [Amended by 2017 c.685 §13]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.030 - Enforcement of ORS 652.010 and 652.020 dependent upon like laws in other states.

ORS 652.010 and 652.020 shall not be enforced insofar as they relate to working hours in sawmills, planing mills, shingle mills and logging camps until laws containing like provisions regarding working hours in such places of employment in the States of California, Washington and Idaho become effective in each of those states respectively.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.035 - Violations of certain laws relating to maximum working hours and minimum employment conditions; remedies; retaliation prohibited.

(1) Any employee asserting a violation of ORS 652.020, 653.263 or 653.265 may file a complaint with the Commissioner of the Bureau of Labor and Industries under ORS 659A.820 or a civil action as provided in ORS 659A.885.
(2) In addition to any other damages provided by law, the commissioner may assess a civil penalty against the employer in the amount of $1,000.
(3) The commissioner shall waive 50 percent of the amount of any civil penalty imposed by order under this section if the commissioner determines that the employer paid the full remedy due, not including any civil penalty, within 14 days after the order imposing the remedy became final by operation of law or on appeal.
(4) Civil penalties authorized by this section shall be imposed in the manner provided in ORS 183.745.
(5) An employer may not retaliate or in any way discriminate against an individual with respect to hire or tenure or any other term or condition of employment because the individual has inquired about the provisions of this section or ORS 652.020, 653.261 or 653.265 or has reported a violation to, or filed a complaint with, the Bureau of Labor and Industries. [2017 c.685 §11]
Note:
652.035 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 652.040 - Maximum working hours in mines; exceptions.

(1) No person who operates any underground mine yielding gold or silver or copper or lead or other metal shall permit or require any person to work in such underground mine for more than eight hours in any 24 hours. The hours for such employment or work day shall be consecutive excluding, however, any intermission of time for lunch or meals.
(2) In the case of emergency, where life or property is in imminent danger, persons may work in such underground mines for a longer time during the continuance of the exigency or emergency. This section does not apply to mines in their first stages of development, such as tunnel work to a length of 200 feet, or shaft work to a depth of 150 feet, or to any surface excavation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.050 - Definitions for ORS 652.050 to 652.080.

As used in ORS 652.050 to 652.080:
(1) "Firefighter" means a person whose principal duties consist of preventing or combating fire or preventing loss of life or property from fire.
(2) "Regularly organized fire department" means any organization maintained for the purpose of preventing or combating fire and employing one or more persons on a full-time basis as firefighters.
(3) "Volunteer firefighter" means a person who performs services as a firefighter for a regularly organized fire department and whose work hours and work shifts are voluntary and whose volunteer service is not a condition of employment. [Amended by 1983 c.319 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.060 - Maximum working hours for firefighters.

(1)(a) No person employed on a full-time basis as a firefighter by any regularly organized fire department maintained by any incorporated city, municipality or fire district and that employs not more than three persons on a full-time basis as firefighters shall be required to be on regular duty with such fire department more than 72 hours a week. However, any affected incorporated city, municipality or fire district shall be deemed to have complied with this paragraph and ORS 652.070 if the hours of regular duty required of firefighters employed by it average not more than 72 hours a week over each quarter of the fiscal year of the employing city, municipality or fire district.
(b) No person employed on a full-time basis as a firefighter by any regularly organized fire department maintained by any incorporated city, municipality or fire district and that employs four or more persons on a full-time basis as firefighters shall be required to be on regular duty with such fire department more than 56 hours a week. However, any affected incorporated city, municipality or fire district shall be deemed to have complied with this paragraph and ORS 652.070 if the hours of regular duty required of firefighters employed by it average not more than 56 hours a week over each quarter of the fiscal year of the employing city, municipality or fire district.
(2) In the event this section shortens the working hours of firefighters employed by any such city, municipality or fire district, the total wages of such firefighters shall not for that reason be reduced. [Amended by 1959 c.402 §1; 1969 c.581 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.070 - Overtime pay for firefighters.

(1) Every affected incorporated city, municipality and fire district shall put into effect and maintain a schedule of working hours required of regularly employed firefighters which shall not be in excess of the average hours established by ORS 652.060, and which shall provide for at least 48 consecutive hours off-duty time in each seven-day period. Any affected incorporated city, municipality or fire district failing so to do shall pay to every regularly employed firefighter as additional pay for every hour of regular duty required of and performed by the firefighter over and above the average hours established by ORS 652.060 a sum equivalent to one and one-half times the regular hourly rate of pay at the time of such default. However, in the case of replacement for any authorized leave, vacation or temporary vacancy, regularly employed firefighters in a department employing four or more persons on a full-time basis as firefighters may elect to work in excess of 56 hours a week at not less than their regular hourly rate of pay.
(2) Nothing in subsection (1) of this section requires payment of one and one-half times the hourly rate of pay to a volunteer firefighter for hours of duty performed in excess of the average hours established by ORS 652.060. [Amended by 1959 c.402 §2; 1969 c.581 §2; 1983 c.319 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.080 - Computing hours on duty for purposes of ORS 652.060 and 652.070.

In computing the average or total number of hours a week for the purposes of ORS 652.060 and 652.070, authorized vacation or sick leave time shall be considered as time on regular duty. [1959 c.402 §4]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.100 - False information related to hours worked or compensation received by employees; prohibited acts by employer; employee right of action; remedies for violation; penalties.

An employer may not:
(1) Compel, coerce or otherwise induce or attempt to induce an employee to create, file or sign documents containing information that the employer knows is false related to the hours worked or compensation received by the employee.
(2) In addition to any other remedy provided by law, an employee has a private cause of action for a violation of subsection (1) of this section. The court may award actual damages or $1,000 for each violation, whichever is greater, injunctive relief, attorney fees and costs. The court shall count each pay period in which a violation occurs or continues as a separate violation.
(3) In addition to any other relief provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty under ORS 183.745 not to exceed $1,000 for each violation of subsection (1) of this section. The commissioner shall count each pay period in which a violation occurs or continues as a separate violation.
(4) The commissioner has the same enforcement powers with respect to the rights established under subsections (1) to (3) of this section as are established in this chapter and ORS chapter 653. [2017 c.211 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.110 - Method of paying employees; agreement on method of payment; revocation of agreement.

(1) A person engaged in any business or enterprise of any kind in this state may not issue, in payment of or as evidence of indebtedness for wages due an employee, any order, check, memorandum or other instrument of indebtedness unless the instrument is negotiable and payable without discount in cash on demand at some bank or other established place of business in the county where the employee lives or works and where a sufficient amount of funds have been provided and are or will be available for the payment of the instrument when due. The person shall, upon presentation and demand, pay the instrument in lawful money of the United States.
(2) This section does not in any way limit or interfere with the right of any employee to accept from any person, as an evidence or acknowledgment of indebtedness for wages due the employee, a negotiable instrument, payable at some future date with interest.
(3) An employer may pay wages without discount through direct deposit of wages due to an employee into the employee’s account in a financial institution, as defined in ORS 706.008, in this state.
(4) An employer shall pay wages due to an employee by check upon the written or oral request of the employee.
(5) An employer and an employee may agree that the employer may pay wages through an automated teller machine card, payroll card or other means of electronic transfer if the employee may:
(a) Make an initial withdrawal of the entire amount of net pay without cost to the employee; or
(b) Choose to use another means of payment of wages that involves no cost to the employee.
(6) An agreement described in subsection (5) of this section must be made in the language that the employer principally uses to communicate with the employee.
(7)(a) Except as provided in paragraph (b) of this subsection, to revoke an agreement described in subsection (5) of this section, an employee shall give the employer a written notice of revocation of the agreement. Unless the employer and employee agree otherwise, the agreement is revoked 30 days after the date the notice is received by the employer.
(b) To revoke an agreement described in subsection (5) of this section, an employee who works for an employer as a seasonal farmworker as defined in ORS 652.145 or an employee who is employed in packing, canning, freezing or drying any variety of agricultural crops shall give the employer notice of revocation of the agreement either orally or in writing. Unless the employer and the employee agree otherwise, the agreement is revoked 10 days after the date the notice is received by the employer.
(8) Nothing in this section is intended to limit the rights of an employee or otherwise affect an employee covered by a collective bargaining agreement. [Amended by 1975 c.191 §1; 1999 c.59 §191; 2007 c.546 §1; 2013 c.380 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.120 - Establishing regular payday; pay intervals; agreement to pay wages at future date.

(1) Every employer shall establish and maintain a regular payday, at which date the employer shall pay all employees the wages due and owing to them.
(2) Payday may not extend beyond a period of 35 days from the time that the employees entered upon their work, or from the date of the last regular payday.
(3) This section does not prevent the employer from establishing and maintaining paydays at more frequent intervals.
(4) This section does not prevent any employer from entering into a written agreement, prior to the rendering of any services, and mutually satisfactory with the employer’s employees, as to the payment of wages at a future date.
(5) When an employer has notice that an employee has not been paid the full amount the employee is owed on a regular payday and there is no dispute between the employer and the employee regarding the amount of the unpaid wages:
(a) If the unpaid amount is less than five percent of the employee’s gross wages due on the regular payday, the employer shall pay the employee the unpaid amount no later than the next regular payday; or
(b) If the unpaid amount is five percent or more of the employee’s gross wages due on the regular payday, the employer shall pay the employee the unpaid amount within three days after the employer has notice of the unpaid amount, excluding Saturdays, Sundays and holidays. [Amended by 1961 c.662 §1; 2007 c.453 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.125 - Bond required when failure to make timely wage payment occurs; court to enjoin business of employer failing to provide bond.

(1) If, upon complaint by an employee, and after investigation, it appears to the Commissioner of the Bureau of Labor and Industries that an employer is failing to pay wages within five days of a payday scheduled by the employer, the commissioner may require the employer to give a bond in such amount as the commissioner determines necessary, with sufficient surety, to assure timely payment of wages due employees for such future period as the commissioner considers appropriate. In lieu of a bond, the commissioner may accept a letter of credit from an issuer approved by the commissioner, upon such terms and conditions and for such amount as the commissioner determines necessary to assure timely payment of wages for such future period as the commissioner determines appropriate.
(2) If, within 10 days after demand for such bond, the employer fails to provide the same, the commissioner may commence court action 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, 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. [1989 c.651 §3]
Note:
652.125 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 652.130 - Payment of wages due persons employed on piece work scale or quantity basis in forest product industries; furnishing statement of scale or quantity produced.

Every person engaged in the business of logging or obtaining or securing sawlogs, poles, spars, piles, cordwood, posts or other timber or forest products, or engaged in the business of manufacturing sawlogs or other timber into lumber, and employing one or more employees on a piece work scale or quantity wage basis, shall furnish such employees at least once monthly, a statement of scale or quantity produced by them to their credit, and shall pay all wages or amounts so earned and due and payable under the law regulating paydays.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.145 - Payment of wages for seasonal farmworkers.

(1) Notwithstanding ORS 652.140, if an employee has worked for an employer as a seasonal farmworker, whenever the employment terminates, all wages earned and unpaid become due and payable immediately except:
(a) Wages are due and payable by noon on the day after termination of the employment of the seasonal farmworker if:
(A) The termination occurs at the end of the harvest season;
(B) The employer is a farmworker camp operator described in ORS 658.715 (1)(b) or (c); and
(C) The farmworker is provided housing that complies with ORS 658.705 to 658.850 at no cost to the worker from the termination of work until wages due are paid.
(b) If the employee quits without giving the employer at least 48 hours’ notice, wages earned and unpaid are due and payable within 48 hours after the employee has quit, or at the next regularly scheduled payday after the employee has quit, whichever event first occurs.
(2) As used in this section, "seasonal farmworker" means an individual who, for an agreed remuneration or rate of pay, performs temporary labor for another in the production of farm products or in the planting, cultivating or harvesting of seasonal agricultural crops or in the forestation or reforestation of lands including, but not limited to, the planting, transplanting, tubing, precommercial thinning and thinning of trees and seedlings, the clearing, piling and disposal of brush and slash and other related activities. [1991 c.966 §4; 2001 c.613 §17; 2013 c.347 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.160 - Payment in case of dispute over wages.

In case of dispute over wages, the employer must pay, without condition, and within the time set by ORS 652.140, all wages conceded by the employer to be due, leaving the employee all remedies the employee might otherwise have or be entitled to as to any balance the employee might claim.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.165 - Rules for wage collection and payment.

In accordance with any applicable provision of ORS chapter 183, the Commissioner of the Bureau of Labor and Industries may adopt rules to carry out the provisions of ORS 652.140 to 652.160. [1995 c.501 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.170 - Payment of wages in case of strikes.

When any number of employees enter upon a strike, the wages due such striking employees at the time of entering upon such strike shall not become due and payable until the next regular payday after the commencement of such strike, if the time between the commencement of the strike and the next regular payday does not exceed a period of 30 days. If the intervening time does exceed the period of 30 days, then the wages shall be due and payable 30 days after the commencement of the strike.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.190 - Payment of wages to surviving spouse or dependent children.

All wages earned by an employee, not exceeding $10,000, shall, upon the employee’s death, become due and payable to the employee’s surviving spouse, or if there is no surviving spouse, the dependent children, or their guardians or the conservators of their estates, in equal shares, to the same extent as if the wages had been earned by such surviving spouse or dependent children. As used in this section, "wages" means compensation of employees based on time worked or output of production and includes every form of remuneration payable for a given period to an individual for personal services. [Amended by 1971 c.448 §1; 1981 c.594 §1; 1997 c.52 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.195 - Liability for dishonored check for payment of wages; penalties.

(1) An employer that issues to an employee a dishonored check for payment of wages due is liable to the employee for the remedies provided in ORS 30.701.
(2) Except as provided in subsection (3) of this section, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty in an amount equal to the statutory damages provided by ORS 30.701 against an employer that issues a dishonored check to an employee for payment of wages due.
(3) The commissioner may not assess a civil penalty under this section against an employer that has issued a dishonored check for payment of wages due to an employee if the employee has commenced an action under ORS 30.701 against the employer for the same dishonored check.
(4) If the commissioner has assessed a civil penalty under subsection (2) of this section, an employee may not bring an action under ORS 30.701 against the employer for the same dishonored check.
(5) All sums collected as penalties under this section shall be paid to the employee to whom the employer issued the dishonored check. [2011 c.238 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.200 - Attorney fee in action for wages.

(1) In any action for the collection of any order, check, memorandum or other instrument of indebtedness referred to in ORS 652.110, if it is shown that the order, check, memorandum or other instrument of indebtedness was not paid for a period of 48 hours, excluding Saturdays, Sundays and holidays, after presentation and demand for the payment thereof, the court shall, upon entering judgment for the plaintiff, include in the judgment, in addition to the costs and disbursements otherwise prescribed by statute, a reasonable sum for attorney fees at trial and on appeal for prosecuting the action, unless it appears that the employee has willfully violated the contract of employment.
(2) In any action for the collection of wages, if it is shown that the wages were not paid for a period of 48 hours, excluding Saturdays, Sundays and holidays, after the wages became due and payable, the court shall, upon entering judgment for the plaintiff, include in the judgment, in addition to the costs and disbursements otherwise prescribed by statute, a reasonable sum for attorney fees at trial and on appeal for prosecuting the action, unless it appears that the employee has willfully violated the contract of employment or unless the court finds that the plaintiff’s attorney unreasonably failed to give written notice of the wage claim to the employer before filing the action. [Amended by 1957 c.242 §2; 1981 c.897 §86; 2001 c.279 §1; 2007 c.546 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.230 - Employee right of action against employer for unpaid wages and damages; statute of limitations; notice requirement.

(1) Any employee whose compensation is at a rate that is in violation of ORS 652.220 shall have a right of action against the employer for the recovery of:
(a) The amount of the unpaid wages to which the employee is entitled for the one year period preceding the commencement of the action; and
(b) An additional amount as liquidated damages equal to the amount referred to in paragraph (a) of this subsection.
(2) The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no objectively reasonable basis for appealing an adverse decision of a trial court.
(3) The action for the unpaid wages and liquidated damages may be maintained by one or more employees on behalf of themselves or other employees similarly situated.
(4) No agreement for compensation at a rate less than the rate to which such employee is entitled under ORS 652.210 to 652.235 is a defense to any action under ORS 652.210 to 652.235.
(5) For the purpose of time limitations, a compensation practice that is unlawful under ORS 652.220 occurs each time compensation is paid pursuant to a discriminatory compensation decision or other practice.
(6) An action under this section alleging a violation of ORS 652.220 must be commenced within one year after the occurrence of the unlawful practice.
(7) Notwithstanding ORS 30.275 (2)(b), notice of claim against a public body under ORS 652.220 must be given within 300 days of discovery of the alleged loss or injury. [1955 c.193 §3; 1981 c.894 §87; 1995 c.618 §110; 2017 c.197 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.235 - Motion to disallow award of compensatory and punitive damages; equal-pay analysis of employer’s pay practices; remedies.

(1) In a civil action under ORS 652.230 or 659A.885 (1) alleging a violation of ORS 652.220, the employer may file a motion to disallow an award of compensatory and punitive damages. The court shall grant the motion if the employer demonstrates, by a preponderance of the evidence, that the employer:
(a) Completed, within three years before the date that the employee filed the action, an equal-pay analysis of the employer’s pay practices in good faith that:
(A) Was reasonable in detail and in scope in light of the size of the employer; and
(B) Included a review of practices designed to eliminate unlawful wage differentials; and
(b) Has made reasonable and substantial progress toward eliminating unlawful wage differentials for the employer’s employees.
(2) If the court grants the motion filed under this section and the plaintiff prevails on the claim in the action, the court:
(a) Shall order the employer to eliminate the unlawful wage differential for the plaintiff;
(b) Shall award back pay or unpaid wages as provided under ORS 652.230 or 659A.885 (1); and
(c) May allow the prevailing plaintiff costs and reasonable attorney fees, but may not award compensatory or punitive damages.
(3)(a) Evidence of an equal-pay analysis undertaken in accordance with subsection (1) of this section is inadmissible in any other proceeding.
(b) Evidence that an employer has increased an employee’s pay as a result of conducting an equal-pay analysis may not be considered as an admission of liability in a civil action alleging a violation of ORS 652.220.
(4) Information that an employer has not completed an equal-pay analysis may not be used as evidence of a violation of ORS 652.220 in an action under ORS 652.230 or 659A.885 alleging a violation of ORS 652.220. [2017 c.197 §12; 2019 c.617 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.240 - Paying wage lower than that required by statute or contract prohibited.

Where any statute or contract requires an employer to maintain the designated wage scale, it shall be unlawful to secretly pay a lower wage while purporting to pay the wage designated by statute or by contract. [1957 c.243 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.250 - Public employee’s wages as affected by absence to engage in search or rescue operation.

A public employee who takes part without pay in a search or rescue operation at the request of any law enforcement agency, the Department of Transportation, the United States Forest Service or any local organization for civil defense, shall not forfeit wages while engaged in an operation for a period of not more than five days for each operation. If an operation continues for more than five days, the employing agency may allow the employee to continue to take part in the operation and to receive wages for as long as the employing agency considers proper. [1959 c.46 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.260 - Payment to nurses providing home health or hospice services; rules.

(1) A home health agency providing home health services may not compensate a nurse providing home health services for the agency on a per-visit basis.
(2) A hospice program providing hospice services may not compensate a nurse providing hospice services for the program on a per-visit basis.
(3)(a) The Bureau of Labor and Industries shall enforce compliance with the provisions of this section.
(b) In accordance with the provisions of ORS chapter 183, the Commissioner of the Bureau of Labor and Industries may adopt rules to carry out the provisions of this section. [2009 c.141 §2]