Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-1010 - Violations for Which a Civil Penalty May Be Assessed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commissioner may assess a civil
			 penalty for any of the following willful violations:
(a) Failure to pay the applicable minimum
			 wage for all hours worked in violation of ORS
			 653.025 and OAR
			 839-020-0010.
(b) Failure to pay overtime for all hours
			 worked over forty (40) in a week in violation of OAR
			 839-020-0030 or, for domestic
			 workers, failure to pay overtime in violation of ORS
			 653.547 and OAR
			 839-020-0030.
(c) Payment to student-learners less than a
			 fixed minimum hourly wage rate which has been approved by the commissioner in
			 violation of ORS 653.030 and 839-020-0015;
(d) Failure to make required payroll and
			 other records in violation of ORS
			 653.045, OAR
			 839-020-0050,
			 839-020-0080, and
			 839-020-0082;
(e) Failure to keep available required
			 payroll and other records in violation of ORS
			 653.045, OAR
			 839-020-0050,
			 839-020-0080,
			 839-020-0082, and
			 839-020-0083;
(f) Failure to supply each of the employer's
			 employees with itemized statements of amounts and purposes of deductions in the
			 manner provided in ORS
			 652.610 in violation of 653.045,
			 OAR 839-020-0012 and
			 839-020-0080;
(g) Failure to keep summaries of ORS
			 653.010 to
			 653.261 and rules promulgated
			 thereto by the commissioner posted in a conspicuous and accessible place in or
			 about the premises where such employees are employed in violation of ORS
			 653.050;
(h) Discharging or discriminating in any
			 other manner against any employee in violation of ORS
			 653.060:
(A) Because the employee has made complaint
			 that the employee has not been paid wages in accordance with ORS
			 653.010 to
			 653.261;
(B) Because the employee has caused to be
			 instituted or is about to cause to be instituted any proceedings under or
			 relating to ORS 653.010 to
			 653.261; or
(C) Because the employee has testified or is
			 about to testify in any such proceedings.
(i) Failure to provide to each employee
			 appropriate meal periods in violation of OAR
			 839-020-0050;
(j) Coercing an employee into waiving a meal
			 period in violation of ORS
			 653.261(5)(b);
(k) Failure to provide to each employee
			 appropriate rest periods in violation of OAR
			 839-020-0050;
(L) Intentional failure to provide a
			 reasonable rest period to accommodate an employee who needs to express breast
			 milk in violation of ORS
			 653.077 and OAR
			 839-020-0051;
(m) Requiring any employee to lift excessive
			 weights in violation of OAR
			 839-020-0060;
(n) Employing any employee to work under any
			 conditions in violation of OAR
			 839-020-0065;
(o) Failure to provide a domestic worker who
			 resides in the home of the employer with an uninterrupted rest period of at
			 least eight consecutive hours within each 24-hour period in violation of ORS
			 653.547 and OAR
			 839-020-0042(4);
(p) Failure to provide a domestic worker with
			 a rest period of at least 24 consecutive hours in each work week in violation
			 of ORS 653.547 and OAR
			 839-020-0052(1);
(q) Failure to provide a domestic worker not
			 less than three paid personal days off in violation of ORS
			 653.547 and OAR
			 839-020-0052(2);
(r) Failure to pay a domestic worker for
			 personal days off in violation of ORS
			 653.547 and OAR
			 839-020-0052(2);
(s) Requiring or permitting an employee
			 subject to ORS 653.265 to work more hours than
			 permitted under ORS 653.265(2)(a), (b) or
			 (c);
(t) Requiring or permitting an employee
			 subject to ORS 653.265 to work more than 55
			 hours in any one workweek without obtaining the employee's request or consent
			 in writing, in violation of ORS
			 653.265 (2)(b) or
			 (5)(b);
(u) Permitting an employee subject to ORS
			 653.265 to work up to the
			 maximum hours permitted by ORS
			 653.265(2)(c)
			 when the employer is not eligible for an undue hardship exemption;
(v) Failure to make available to the
			 commissioner, upon request, a copy of an employee's written request or consent
			 as required by OAR 839-020-0417(3)
			 and OAR 839-020-0420(5);
			 or
(w) Failure to provide notice of
			 the undue hardship period to the commissioner within seven (7) calendar days of
			 the date on which the undue hardship period began.