reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0045 - Addendum to Contract to Provide Specific Terms for Payment

Current through Register Vol. 63, No. 7, July 1, 2024
After an applicant for employment has accepted employment with
				an employer, but before actually starting work, the applicant and the
				employment agency may change the terms agreed to in their original contract or
				enter into an addendum to the original contract between themselves which
				provides for specific terms of payment after the applicant actually starts
				work. See
Appendix 3
for a sample form which complies with this
				rule.
The Appendices referenced in this rule are not printed in the
				  OAR Compilation. Copies are available from the
				  agency.
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.168(4)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0051 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Open" or
			 "Standing" job orders are for categories of jobs for which an employer usually
			 has two or more open positions at any one given time although on occasion the
			 employer is merely interested in receiving applications and does not hire
			 immediately all qualified applicants. In addition, these are types of positions
			 for which an employer has a steady and continuous need of qualified employes.
EXAMPLE:
A job order from the central hiring
				office of a large bank to refer any qualified applicants the agency may have
				for teller openings that come up regularly and habitually.
(2) An "Exploratory Interview" or
			 "Exploratory Job Order" means a bona fide order for employment valid for one
			 specific applicant only.
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.165
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0052 - What Constitutes a Bona Fide Job Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A bona fide job order is valid for
			 referral of any qualified applicant for employment until it is filled or
			 canceled by the employer and may serve as the basis for agency
			 advertising.
(2) A bona fide job
			 order may be considered to have been given by an employer to an employment
			 agency when the following conditions are met:
(a) The employer or the employer's agent, in
			 person, by telephone, telegram, facsimile or other electronic media, or in
			 writing, registers a request that the agency recruit or gives permission to the
			 agency to refer applicants for employment who meet stated job
			 specifications;
(b) The agency
			 contacts the employer after every thirty days to insure that the position is
			 still vacant prior to any additional advertising or referrals.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0053 - Exploratory Job Order/Interview Considered to Be Given

Current through Register Vol. 63, No. 7, July 1, 2024
An Exploratory Job Order/Interview shall be considered to have
				been given if, as the result of the agency's bringing the qualifications of an
				applicant for employment to the attention of an employer, the employer's
				interest in exploring the possibility of employing the applicant is evidenced
				by the employer's agreement to interview the applicant.
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.165
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0054 - Identification by Agency to Employer/Accepting a Fee Paid Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the process
			 of obtaining a job order, the employment agency shall identify itself as an
			 employment agency to employers in an introductory statement in all cases unless
			 identification of the specific agency representative to the specific employer
			 representative has been previously established. Where the employer is to pay
			 the fee, the agency must obtain the employer's agreement from the personnel
			 manager or other authorized agent.
(2) When accepting a job order for a fee paid
			 position, the agency shall make a reasonable effort to inform the employer that
			 the employer cannot collect the employment agency fee from the applicant for
			 employment.
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.005 - ORS
				  658.245
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0060 - Information Required to Be Contained in a Job Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in rule
			 839-017-0052(3),
			 information that is required to be contained in all job orders includes:
(a) Normal hours of work per day. (State
			 exceptions);
(b) Weekend or night
			 work if indicated (total number and which days);
(c) Whether employer fee paid or applicant
			 fee paid position;
(d) The job
			 title(s)/kind of work. A list of special skills required to perform adequately
			 on the job together with the minimum performance level required. "Required"
			 means only those skills which will be regularly and habitually required to gain
			 the job, perform at a minimum level on the job and to retain the job. This
			 section shall not apply to any job with a starting salary of $30,000 per year
			 or more;
(e) A list of established
			 fringe benefits (considerations of privilege) such as holidays, sick leave, car
			 allowances, expense allowances, room and board, medical and hospital insurance,
			 vacations together with whether or not paid by the employer as indicated by the
			 employer;
(f) The number of the job
			 order;
(g) The date
			 received;
(h) The salary, hourly
			 pay rate, or salary or hourly pay range for the position. At least a minimum
			 salary or wage must be specified in terms of dollars and cents. If earnings are
			 to be on commission, a statement as to whether or not any guaranteed salary or
			 draws are involved;
(i) The name
			 and address of the company placing the job order, and the location of
			 work;
(j) The name of the
			 individual who placed the job order for the employer and the name of the
			 individual who accepted the order for the agency;
(k) Whether union membership is required and
			 indications of any labor trouble existing.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0070 - Job Referral Document

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The job referral document shall be assigned the same number as that assigned to
			 the job order and shall include:
(a) The
			 name, address, and telephone number of the employment agency;
(b) The date of issuing the job referral
			 document;
(c) The name of the
			 applicant for employment, the name and address of the person to whom the
			 applicant is sent for interview, the date and time of the interview, and the
			 address where the applicant is to report for employment;
(d) The approximate amount of fee to be
			 charged and to be collected from the applicant for employment, if the applicant
			 accepts employment, and starts work and any fee conditions as stated by the
			 employer on the Job Order, and a statement that the employer is not responsible
			 for paying the fee unless specifically provided for on the Job Referral
			 Document;
(e) The kind of work or
			 employment as shown by the job classification stated in the Job
			 Order;
(f) The daily hours of work
			 and the approximate wages or salary, including any consideration of
			 privilege;
(g) If any labor trouble
			 exists at the place of employment, a statement of that fact;
(h) Union membership, if required.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0071 - Document to Include Expiration of Referral Information

Current through Register Vol. 63, No. 7, July 1, 2024
The date and the fact that 90 days from the date of referral
				the referral will expire and the applicant for employment may be liable for a
				fee thereafter only if the applicant accepts a job in the position to which the
				applicant was specifically referred must be included in the Job Referral
				Document.
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.172
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0072 - Applicant Shall Receive Job Referral Document

Current through Register Vol. 63, No. 7, July 1, 2024
The completed Job Referral Document shall be given to the
				applicant for employment prior to any job interview, with the following
				exceptions:
(1) No job referral
			 document is required when the referral is made to a fee paid
			 position.
(2) If the referral is
			 made by telephone contact or other means of remote communication, the full
			 content of the job referral document will be revealed to the applicant for
			 employment at the time of referral and the job referral document will be mailed
			 to the applicant.
(3) Job referral
			 documents which are mailed, must be mailed within 24 hours or one working day
			 of the referral contact with the applicant for employment.
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.172
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0101 - Fee Earned by Agency Responsible for Placement

Current through Register Vol. 63, No. 7, July 1, 2024
In disputes between employment agencies concerning the earning
				of a fee for placement of an applicant for employment, the fee shall be earned
				by the agency responsible for the applicant being placed. A reasonable effort
				shall be made by an agency which bills an applicant for employment to determine
				that it is entitled to the fee before billing. The applicant for employment
				shall be responsible for only one full fee for any single placement, and this
				fact shall be stated in the contract. (See Appendix 1 and OAR
				839-017-0012)
Appendix referenced is available from the
				  agency.
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.165
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0102 - Determination of Agency Entitled to Fee

Current through Register Vol. 63, No. 7, July 1, 2024
In order to make a reasonable effort to determine the agency
				entitled to the fee, the following rules shall be followed:
(1) When two agencies have referred the
			 applicant for employment to the same position, the agency entitled to the fee
			 shall be the agency that:
(a) First
			 established a scheduled appointment between the applicant for employment and
			 employer for the specific position which the applicant subsequently accepted
			 and started work;
EXAMPLE:
On Monday, agency "A" arranges an
				appointment for an applicant with an employer for Wednesday morning. Agency "B"
				arranges an appointment for the same applicant for the same job opening on
				Tuesday morning for Tuesday afternoon. If the applicant accepts the position
				and starts work, Agency "A" is entitled to the fee.
(b) Records accurately the time and date of
			 the making, by agency personnel, of the appointment for interview;
EXAMPLE:
Agency personnel record that they called
				employer at 9:06 a.m., October 18th and scheduled interview for
				applicant.
(c) And, as soon
			 as possible after the appointment is established, advises the applicant for
			 employment by complying with the job referral document requirements.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0103 - Definitions for the Purpose of Solving Interagency Disputes Only

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Employer"
			 means any person or agent of a company that has the authority and
			 responsibility to interview or initiate the action that would result in a
			 position with said company. It is recognized that some companies can have
			 several employers within the company (the same legal entity) due to departments
			 or locations. If an interview is scheduled for an applicant for employment to a
			 different department or location by the original interviewer within the
			 company, it will be considered to be the same employer. If an interview is
			 scheduled for the same applicant for employment by another employment agency to
			 a different department, for the purpose of this definition, it would be
			 considered a different employer even though it may be within the same
			 company.
(2) "Scheduled
			 Appointment" means a definite date and time of interview with a specific
			 company representative. If the time of making the first interview is not
			 determined satisfactorily between the agencies involved, the employer's
			 statement shall be accepted as to the time of the making of the first
			 appointment.
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.165
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0151 - Interest, Fees, or Other Charges Allowed as Credit

Current through Register Vol. 63, No. 7, July 1, 2024
In all cases where employment lasts less than 90 full calendar
				days, all interest, fees, or other charges paid or required to be paid to any
				person or organization in order to procure the funds to pay an employment
				agency's charge for service shall be allowed as a credit against the charge.
				This includes all carrying and service charges and all related charges in
				obtaining funds for payment of the agency's charge.
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.165
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0152 - Interest, Fees, and Other Charges May Be Prorated

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If interest, fees, or other charges are
			 incurred by the applicant for employment for more than the agency's charge for
			 service and in such a way that the interest, fees, or other charges for the
			 employment agency's services are not stated separately, then the interest,
			 fees, and other charges may be prorated to cover only those interest, fees, and
			 service charges directly attributable to the payment of the employment agency's
			 charge for services.
(2) In cases
			 where employment involves commission earnings and service charges are based
			 upon annual estimated earnings, and employment is terminated for any cause
			 prior to 12 months but after 90 days, a pro-rata computation shall be made on
			 all charges paid or required to be paid (by an applicant) to any person or
			 organization in order to procure the funds to pay an employment agency's
			 charges for the period from 91 days until date of termination within a 12 month
			 period. The pro-rata computation shall be allowed as a credit against the
			 agency fee.
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.165
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0153 - Agency to Procure Necessary Information

Current through Register Vol. 63, No. 7, July 1, 2024
A reasonable effort shall be made by the agency, within the ten
				day specified time for making the rebate, to procure all information necessary
				regarding the interest, fees, and other charges required to be paid by the
				applicant for employment in procuring the funds to pay the agency's charge for
				service.
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.165
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0177 - Publication of False, Misleading, or Fraudulent Information Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
No employment agency shall knowingly publish or cause to be
				published any false, fraudulent, or misleading information, representation,
				notice, or advertisement. The following are types of advertising which are
				considered false or misleading:
(1)
			 Exclusive listing in advertisements of jobs designated as "fee paid" by
			 agencies which do not operate exclusively on the basis of no fee to the
			 applicant for employment, in such manner as to give the false impression that
			 all jobs handled by the agency are "fee paid" jobs.
(2) Where both "fee" and "fee paid" jobs are
			 listed, use of the phrases such as "100 percent free" or "all free" as column
			 headings, so as to give the impression that the entire agency operation is on a
			 "fee paid" basis.
(3) Designating
			 jobs as "fee paid" where this is true only if certain conditions are met. For
			 example, jobs where the employer will pay the fee only if the applicant for
			 employment stays on the job for a stipulated period of time, or jobs where the
			 employer deducts the amount of the fee from the applicant's salary, or where
			 the employer will pay only a portion of the fee, or if the fee payment on the
			 part of the employer is a negotiable item.
(4) Use of the phrase "lowest fee" or similar
			 words, where the agency's fee is not in fact the lowest fee rate in effect in
			 the area in which the agency does business.
(5) Headlines or titles relating to fees,
			 such as "Applicant Pays Fee" or "Fee Paid", must be set in the same type of
			 equal size and boldness, when an agency advertises both categories of
			 jobs.
(6) In group advertisements
			 which contain both "Employer Pays Fee" and "Applicant Pays Fee" listings, all
			 listings of each type shall be grouped together in a block under the respective
			 title, or each listing must include a designation as to the source of the
			 fee.
(7) If an advertisement is of
			 a job or jobs for which the employer pays the fee, and if the agency so
			 advertised, the ad must state in type of equal size and boldness, that the
			 agency also handles jobs for which the applicant for employment pays the fee if
			 such is the case.
(8) Ads worded so
			 as to mislead the applicant for employment regarding the nature of the position
			 advertised.
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.195
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0178 - Advertising Must Be Factual

Current through Register Vol. 63, No. 7, July 1, 2024
All advertising must be factual as to the requirements of the
				job. Sufficient information must be contained in each ad to indicate the
				nature, terms and conditions of the position. Omission of unusual or special
				job requirements and characteristics or of the amount of wages to be paid is
				considered misleading or fraudulent.
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.195
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0271 - Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The action on
			 the bond or letters of credit maintained by the employment agency may not be
			 joined in a suit or action on the bond brought for any other claim.
(2) Any person seeking to recover on the bond
			 must first establish the employment agency's liability. The liability may be
			 established in any of the following ways:
(a)
			 A judgment of the court;
(b) A
			 final administrative order issued pursuant to statute or rule;
(c) The acknowledgment of the employment
			 agency of such liability;
(d) Other
			 satisfactory evidence of liability as may be shown which establishes the
			 liability.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0272 - Filing Claims Against Bond or Letters of Credit Maintained by the Employment Agency; Time for Filing Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Claims against the bond will not be paid
			 unless the claimant or claimant's assignee gives notice of the claim by
			 certified mail to the surety.
(2)
			 Any claim or Notice of Claim filed pursuant to a claimant's right of action
			 must be filed as follows: If the filing is against a surety bond, the claim or
			 notice must be filed with the surety. The name and address of the surety may be
			 obtained from the employment agency.
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.005 - ORS
				  658.245
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0274 - Violations for Which a Civil Penalty May Be Imposed

Current through Register Vol. 63, No. 7, July 1, 2024
The Commissioner may impose a civil penalty not to exceed
				$2,000 against any person, firm, organization, limited liability company or
				corporation for violations of any of the following statutes, rules or
				orders:
(1) Violation of any provision
			 of ORS 658.005 to
			 658.245.
(2) Violation of any provision of OAR
			 839-017-0000 to 839-017-0477.
(3) Violation of any term or condition of an
			 Order of the Commissioner issued pursuant to any violation of ORS
			 658.005 to
			 658.245 and OAR 839-017-0000 to
			 839-017-0477.
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.005 - ORS
				  658.245
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0275 - Violations Separate and Distinct

Current through Register Vol. 63, No. 7, July 1, 2024
Each violation is a separate and distinct offense. In the case
				of continuing violations, each day's continuance is a separate and distinct
				violation.
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.115
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0276 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR
				839-017-0274 to
				839-017-0280, a person acts
				knowingly when the person has actual knowledge of a thing to be done or omitted
				or should have known the thing to be done or omitted. A person should have
				known the thing to be done or omitted if the person has knowledge of facts or
				circumstances that would place the person on reasonably diligent inquiry. A
				person acts knowingly if the person has the means to inform himself or herself
				but elects not to do so. For purposes of this rule, a person, firm,
				organization, limited liability company or corporation is presumed to know the
				affairs of the employment agency.
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.005 - ORS
				  658.245
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0277 - Criteria to Determine Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commissioner shall consider the
			 following mitigating and aggravating circumstance when determining the amount
			 of any civil penalty to be imposed against an employment agency and shall cite
			 those the Commissioner finds to be applicable:
(a) The actions of the employment agency in
			 responding to previous violations of statutes and rules.
(b) Prior violations, if any, of statutes or
			 rules.
(c) The opportunity and
			 degree of difficulty to comply.
(d)
			 Magnitude and seriousness of violation.
(e) Whether the employment agency knew or
			 should have known of the violation.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0376 - Disputes Between Agencies and Their Employees

Current through Register Vol. 63, No. 7, July 1, 2024
In order to properly settle any complaints that may arise and
				in order to establish all sums legally owed to any employee of the employment
				agency, the employment agency:
(1)
			 Will maintain employment records of all employees for three years. These
			 records will include the original application for employment with the agency
			 and will indicate starting date of employment, rate of pay and/or rate of
			 commission and method of compensation, and date of termination of employment if
			 applicable.
(2) Shall retain for
			 three years copies of all contracts signed with employees of the agency
			 relative to conditions of employment.
(3) Will indicate on all receipts of moneys
			 received from applicants in payments of fees, the name of employee or agent of
			 the employment agency responsible for placement of applicant.
(4) Will give to each employee on payroll
			 checks, or by separate document, a record of commissions or other sums earned
			 and paid in full or in part during each payroll period established by the
			 employer or at least every 35 days if no more frequent payroll period has been
			 established.
(5) Canceled payroll
			 checks, and state and federal tax reports shall be retained as required by
			 State and Federal law.
(6) Records
			 required by Fair Labor Standards Act (FLSA) and Oregon's minimum wage law must
			 be kept for a period of three years on all employees regardless of the type of
			 specific agreement for compensation between the agency and its
			 employees.
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.005 - ORS
				  658.245
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0476 - Time for Maintenance of Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (2) of this
			 rule, all records of the employment agency will be maintained for a period of
			 three years.
(2) Copies of all job
			 advertisements with the information required by OAR
			 839-017-0477(6)
			 thereon shall be maintained for a period of one year.
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.078
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0477 - Method of Maintaining Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 All records of the agency pertaining to a job referral, and placement of an
			 applicant for employment shall be maintained together or adequately
			 cross-indexed for easy retrieval by the Bureau of Labor and Industries. This
			 includes, but is not limited to, the applications, contract, addendums to
			 contracts, reference information (employment, personal, or credit), and a copy
			 of all job orders and job referral documents.
(2) A separate file shall be maintained for
			 applicants for employment placed by the agency, either alphabetically, or by
			 adequate cross-index for easy retrieval for the Bureau of Labor and
			 Industries.
(3) If the applicant
			 for employment has been placed by the agency, the name of the employer, the
			 starting date of employment, the amount of starting salary, the amount of the
			 fee charged, and whether the fee is paid by the employer or the applicant shall
			 be written on the application or appended to the application.
(4) An adequate file or log of job orders
			 shall be maintained in chronological order. If an agency wishes, it may have a
			 separate file for "fee paid" orders. When a job order position is filled by the
			 agency, the true name as it appears on the contract of the individual who
			 obtained the job, the date the job was filled, and the fee charged for the
			 service will be appended to the job order.
(5) Each agency shall keep a record of all
			 receipts of money received from an applicant for employment in payment of a
			 charge for service. The receipts shall be filed together or adequately
			 cross-indexed for easy retrieval for the Bureau of Labor and Industries. All
			 receipts or evidence of refunds shall be filed with the receipts showing
			 payment of a charge for service or adequately cross-indexed for easy retrieval
			 for the Bureau of Labor and Industries.
(6) Each agency shall keep copies of all job
			 advertisements correlated to show the date and the publication in which the
			 advertisement appeared together with the job order number of each job
			 advertised.
(7) When the charge for
			 services of the employment agency is not made to or collected from individuals
			 seeking or obtaining employment, for purposes of ORS
			 658.005 to
			 658.245 the agency is not
			 required to keep records of contracts or receipts of moneys in connection with
			 the placement of such individuals.
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.078
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0500 - Contracts Between Employment Listing Services and Individuals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before
			 collecting a fee from an individual, Employment Listing Services must comply
			 with the following provisions:
(a) The
			 Employment Listing Service must execute a written contract with the individual;
			 and
(b) The Employment Listing
			 Service must provide a copy of the contract to the individual.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0505 - Fees Charged by Employment Listing Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before collecting a fee from an
			 individual, Employment Listing Services must comply with the following
			 provisions:
(a) The Employment Listing Service
			 must publish a schedule of its fees; and
(b) The Employment Listing Service must
			 provide a copy of its schedule of fees to the individual.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0510 - Confirmation of Position Availability by Employment Listing Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Employment
			 Listing Services must confirm and document in writing the availability of
			 positions included in the information provided to individuals at least once
			 every ten business days.
(2)
			 Employment Listing Services must document in writing the following information
			 for each position listing published and confirmed thereafter:
(a) The name and address of the company where
			 the position is located;
(b) The
			 date the information regarding the position is received by the Employment
			 Listing Service;
(c) The name,
			 title, and telephone number of the person providing the position information to
			 the Employment Listing Service;
(d)
			 The name of the Employment Listing Service representative receiving the
			 information about the position;
(e)
			 The job title of the position;
(f)
			 The requirements of the position;
(g) Whether the position is "full time" (32
			 or more hours/week) or "part time" (fewer than 32 hours/week);
(h) The location of the position;
(i) The salary, hourly pay rate, or salary or
			 hourly pay range for the position; and
(j) How individuals may apply for the
			 position.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0515 - Employment Listing Services Required to be Registered

Current through Register Vol. 63, No. 7, July 1, 2024
Employment Listing Services must be actively registered with
				the Corporation Division of the Oregon Secretary of State's
				Office.
Stat. Auth.: ORS
				  658.210; Other Auth SB 341 (2003
				  Legislature)
Stats. Implemented: ORS 658-005-658
				  -991
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0520 - Fee Forfeiture Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the penalties provided under ORS
				658.115 and
				658.991, an Employment Listing
				Service shall forfeit any fees received as a result of any violation of the
				following provisions:
(1) Failure to
			 provide a copy of the fee schedule that the Employment Listing Service charges
			 an individual for its services to the individual;
(2) Failure to provide a copy of the contract
			 entered into between an Employment Listing Service and an individual to the
			 individual; or
(3) Failure to
			 provide a copy of any changes in the fees that the Employment Listing Service
			 charges an individual who uses its services to the individual.
Stat. Auth.: ORS
				  658.210; Other Auth SB 341 (2003
				  Legislature)
Stats. Implemented: ORS 658-005-658
				  -991
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 19 - CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS › Section 839-019-0000 - Notice of Proposed Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the permanent adoption, amendment or repeal of any
				rule relating to civil penalties for child labor violation matters, the Wage
				and Hour Division of the Bureau of Labor and Industries shall give notice of
				intended action as required in OAR
				839-002-0002.
Stat. Auth.: ORS
				  651.060(4),
				  653.305 -
				  653.545
Stats. Implemented: ORS
				  183.335
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 19 - CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS › Section 839-019-0004 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS
				653.365 to
				653.370 and in these rules,
				unless the context requires otherwise:
(1) "Bureau" means the Bureau of Labor and
			 Industries of the State of Oregon.
(2) "Commissioner" means the Commissioner of
			 the Bureau of Labor and Industries or the Commissioner's authorized deputies
			 and officers.
(3) "Employ" shall
			 have the same meaning as that which appears in ORS
			 653.010(2).
(4) "Employer" shall have the same
			 meaning as that which appears in ORS
			 653.010(3).
(5) "Employment Certificate" means
			 the employment certificate issued to employers for the employment of minors
			 pursuant to ORS 653.307 and the employment
			 permit referred to in ORS
			 653.360.
(6) "Minor" means any person under 18 years
			 of age.
(7) "Person" includes the
			 term "employer" as defined in section (4) of this rule and school districts
			 required to comply with ORS
			 653.307(3).
(8) "Violation" means a
			 transgression of any statute, rule or order, or any part thereof, and includes
			 both acts and omissions.
(9)
			 "Willful" means intentional and includes failure to act. A person commits a
			 willful act when the person knows what she/he is doing, intends to do what
			 she/he is doing and is a free agent.
(10) "Work Permit" means the employment
			 certificate issued to minors pursuant to ORS
			 653.307.
Stat. Auth.: ORS
				  651.060(4)
				  & 653.525
Stats. Implemented: 2013 SB 135, ORS
				  653.370
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 19 - CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS › Section 839-019-0010 - Violations for Which a Penalty May Be Imposed

Current through Register Vol. 63, No. 7, July 1, 2024
The Commissioner may impose a civil penalty for violations of
				any of the following statutes, administrative rules and orders:
(1) Violation of any provision of ORS
			 653.305 to
			 653.370.
(2) Violation of any provision of OAR
			 839-021-0001 to 839-021-0500.
(3) Violation of any term or condition of an
			 Order issued pursuant to any violation of ORS
			 653.305 to
			 653.370 and OAR 839-021-0001 to
			 839-021-0500.
Stat. Auth.: ORS
				  651.060(4)
				  & 653.525
Stats. Implemented: 2013 SB 135, ORS
				  653.370
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 19 - CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS › Section 839-019-0015 - Violations Separate and Distinct

Current through Register Vol. 63, No. 7, July 1, 2024
Each violation is a separate and distinct offense. In the case
				of continuing violations, each day's continuance is a separate and distinct
				violation.
Stat. Auth.: ORS 651 & ORS 653
Stats. Implemented: ORS
				  653.370
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 19 - CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS › Section 839-019-0020 - Determination of the Amount of the Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (4) of this
			 rule, when determining the amount of civil penalty to be imposed, the
			 Commissioner shall consider the following circumstances and shall cite those
			 the Commissioner finds applicable:
(a) The
			 history of the employer in taking all necessary measures to prevent or correct
			 violations of statutes and rules;
(b) Prior violations, if any, of statutes and
			 rules;
(c) The magnitude and
			 seriousness of the violation;
(d)
			 The opportunity and degree of difficulty to comply;
(e) Any other mitigating
			 circumstances.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 19 - CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS › Section 839-019-0025 - Schedule of Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The civil penalty for any one violation shall not exceed $1,000. The actual
			 amount of the civil penalty will depend on all the facts and any mitigating and
			 aggravating circumstances.
(2) When
			 the Commissioner determines to impose a civil penalty for the employment of a
			 minor without a valid employment certificate, the minimum civil penalty shall
			 be as follows:
(a) $100 for the first
			 offense;
(b) $300 for the second
			 offense;
(c) $500 for the third and
			 subsequent offenses.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 19 - CIVIL PENALTIES FOR CHILD LABOR VIOLATIONS › Section 839-019-0100 - Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of OAR
				839-019-0000 to
				839-019-0025 do not apply when
				minors are employed under the following circumstances:
(1) The minor is employed by the parent of
			 the minor;
(2) The minor is
			 employed by a person standing in the place of the parent of the minor and who
			 has custody of the minor. For minors employed in agriculture, "a person
			 standing in the place of the parent of the minor" is defined by OAR
			 839-021-0297(2).
Stat. Auth.: ORS
				  651.060(4)
				  & 653.525
Stats. Implemented: 2013 SB 135, ORS 653
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0000 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment, or repeal of any rule
				relating to minimum wages, overtime and working conditions matters, the Bureau
				of Labor and Industries will give notice of the proposed adoption, amendment,
				or repeal as required in OAR
				839-002-0002.
Stat. Auth.: ORS 653
Stats. Implemented: ORS
				  183
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0005 - Employees Engaged in Administrative, Executive, Professional, or Outside Sales Work, Defining the Terms

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS
				653.010 to
				653.261 and in these rules,
				unless the context requires otherwise:
(1) "Executive Employee" means any employee:
(a) Whose primary duty consists of the
			 management of the enterprise in which the employee is employed or of a
			 customarily recognized department or subdivision thereof. The foregoing
			 language of this paragraph prescribing the primary duty does not apply in the
			 case of an employee who is in sole charge of an independent establishment or a
			 physically separated branch establishment or who owns at least 20 percent
			 interest in the enterprise in which the employee is employed; and
(b) Who customarily and regularly directs the
			 work of two or more other employees therein; and
(c) Who has the authority to hire or fire
			 other employees or whose suggestions and recommendations as to the hiring or
			 firing and as to the advancement and promotion of any other change of status of
			 other employees will be given particular weight; and
(d) Who customarily and regularly exercises
			 discretionary powers; and
(e) Who
			 earns a salary and is paid on a salary basis pursuant to ORS
			 653.025 exclusive of board,
			 lodging, or other facilities.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0010 - Payment of Minimum Wages - Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless exempt under ORS
			 653.020, an employer is required
			 to pay each employee it employs in the state no less than the minimum rate(s)
			 of wage for the applicable region(s) as specified in ORS
			 653.025 and OAR
			 839-020-0011 for each hour
			 worked by the employee.
(2)
			 Employees shall be paid no less than the applicable minimum wage for all hours
			 worked, which includes "work time" as defined in ORS
			 653.010(11). If
			 in any pay period the combined wages of the employee are less than the
			 applicable minimum wage, the employer shall pay, in addition to sums already
			 earned, no less than the difference between the amounts earned and the minimum
			 wage as prescribed by the appropriate statute or administrative rule.
(3) Employers may include commission and
			 bonus payments to employees when computing the minimum wage. Such commission or
			 bonus payment may only be credited toward employees' minimum wages in the pay
			 periods in which they are received.
Stat. Auth.: ORS
				  651.060(4)
				  & 653.040, OL Ch. 012, 2016
Stats. Implemented: OL Ch. 012, 2016 & ORS
				  653.025
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0011 - Determination of Applicable Region and Minimum Wage Rate to be Paid for Work Performed by Employees

Current through Register Vol. 63, No. 7, July 1, 2024
The applicable region and minimum wage rate to be paid to
				employees pursuant ORS
				653.025 and OAR
				839-020-0010 shall be determined
				as follows:
(1) Work performed at a
			 permanent fixed business location of the employer in Oregon.
(a) If an employee performs more than 50% of
			 the employee's work in a pay period at the employer's permanent fixed business
			 location in Oregon, the applicable minimum wage rate to be paid to the employee
			 by the employer shall be determined based on the region in which such business
			 is located.
(b) If an employee
			 makes deliveries as a part of the employee's job and starts and ends the
			 employee's work at the employer's permanent fixed business location, the
			 minimum rate of wage required to be paid to the employee by the employer is the
			 applicable rate for the region in which such business is located.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0012 - Wage Statements to Be Provided to Employees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except for employees who are otherwise
			 specifically exempt under ORS
			 653.020, employers must furnish
			 each employee, each time the employee receives a compensation payment from the
			 employer, a written itemized statement of earnings. The written itemized
			 statement must include:
(a) The date of the
			 payment;
(b) The dates of work
			 covered by the payment;
(c) The
			 name of the employee;
(d) The name
			 of the employer and the employer's business registry number or business
			 identification number;
(e) The
			 address and telephone number of the employer;
(f) The rate or rates of pay;
(g) Whether the employee is paid by the hour,
			 shift, day or week or on a salary, piece or commission basis;
(h) Gross wages;
(i) Net wages;
(j) The amount and purpose of each deduction
			 made during the respective period of service that the payment covers;
(k) Allowances, if any, claimed as
			 part of minimum wage;
(l) The
			 regular hourly rate or rates of pay, the overtime rate or rates of pay, the
			 number of regular hours worked and pay for those hours, and the number of
			 overtime hours worked and pay for those hours;
(m) If the employee is paid a piece rate, the
			 applicable piece rate or rates of pay, the number of pieces completed at each
			 piece rate and the total pay for each rate.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0013 - Bonuses Provided to Workers in Agriculture

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every producer, or agent of the producer,
			 who employs a labor contractor to provide a working crew for harvesting
			 perishable agricultural products or who offers a bonus to those persons who
			 harvest perishable agricultural products shall cause to be conspicuously posted
			 and maintained on the premises where the agricultural products are to be
			 harvested, a notice that states:
(a) A
			 description of the terms and conditions of any bonus offered, including the
			 manner of determining when the bonus is earned; and
(b) That portion of the labor contractor's
			 compensation that is based on the amount of work done by each employee of the
			 labor contractor.