reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0190 - Substitution of Oregon Examination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commissioner may recognize national
			 or state examinations for licensing if taken and passed within the last 12
			 months.
(2) Specific examinations
			 that may be recognized in lieu of the Oregon examinations are: Farm Labor
			 Contractor examination for the State of California.
(3) Independent verification of the test
			 results from the testing authority is required.
Stat. Auth.: ORS 164, ORS 165, ORS 651, ORS
				  658.412 & ORS 962
Stats. Implemented: ORS
				  658.412
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0195 - Alternative Methods of Examination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant for whom English is a second
			 language may bring an interpreter to the examination to translate the
			 examination questions. An interpreter may not assist an applicant in answering
			 any question, but may translate the answers.
(2) Alternative methods of examination will
			 be provided upon written request.
Stat. Auth.: ORS 164, 165, 651,
				  658.412 & 962
Stats. Implemented: ORS
				  658.412
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0200 - Proof Required/Forms to Be Used for Bonds and Deposits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every applicant
			 for a construction, farm or forest labor contractor's license must, unless
			 otherwise exempt, show proof of financial ability to promptly pay the wages of
			 employees and any advances made to or on behalf of the contractor by
			 construction property owners, farmers or owners or lessees of land intended to
			 be used for the production of timber. Such proof must accompany the applicant's
			 application and be on forms supplied by the bureau.
(2) The proof of financial ability to
			 promptly pay the wages and advances referred to in section (1) of this rule
			 shall be a properly executed corporate surety bond as evidenced by the
			 completion of Form WH-157 or a deposit in cash or negotiable securities
			 acceptable to the commissioner.
(3)
			 The forms are available upon request from: Bureau of Labor and Industries, Wage
			 and Hour Division, License Unit, 3865 Wolverine Street, NE, Bldg. E-1, Salem,
			 OR 97305.
Statutory/Other Authority: ORS
				  658.407(3),
				  658.415(14)
				  & 658.820
Statutes/Other Implemented: ORS
				  658.405 -
				  658.503
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0210 - Amount of Bond or Deposit to Be Filed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (3) of this
			 rule, the amount of the bond or deposit referred to in OAR
			 839-015-0157 and
			 839-015-0200 shall be based on
			 the maximum number of employees employed at any one time during the license
			 year. The bond or deposit shall be:
(a)
			 $10,000 if the contractor employs no more than 20 employees; or
(b) $30,000, or such lesser sum as may be
			 authorized by the commissioner pursuant to ORS
			 658.416 and OAR
			 839-015-0230. The bond and any
			 financial instrument shall be in the principal sum of the amount required by
			 this rule. The amount of the bond or deposit must be continually maintained as
			 long as the contractor is required to be licensed under ORS
			 658.405 to
			 658.475.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0220 - Deposit in Cash or Negotiable Securities

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS
				658.415(3) and
				in these rules "a deposit in cash or negotiable securities" means a single
				financial instrument which yields no less than the amount required pursuant to
				OAR 839-015-0210 in cash immediately
				upon demand. If the deposit is one which is subject to a penalty for early
				withdrawal, then the deposit must be in an amount sufficient to satisfy the
				penalty and still yield no less than the amount required under OAR
				839-015-0210 in
				cash.
Stat. Auth.: ORS
				  658.407(3), ORS
				  658.415(4)
				  & ORS 658.820
Stats. Implemented: ORS
				  658.415(3)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0250 - Protesting the Issuance of a License

Current through Register Vol. 63, No. 7, July 1, 2024
Any individual may protest the issuance of a construction, farm
				or forest labor contractor's license to any applicant for such license. The
				protest may be made at any time after the license is actually issued as well as
				at any time prior to the issuance of the license.
Statutory/Other Authority: ORS 651 &
				  658.415(14)
Statutes/Other Implemented: ORS
				  658.420(3)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0260 - Procedure for Filing Protest

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any individual desiring to protest the issuance of a farm and forest labor
			 contractor license must file the protest in writing with the Bureau of Labor
			 and Industries, Wage and Hour Division, Farm Labor Unit, 3865 Wolverine Street,
			 NE, Bldg. E-1, Salem, OR 97305.
(2)
			 The written protest must contain the following information:
(a) Name, address and phone number of the
			 individual filing the protest;
(b)
			 Date of the protest;
(c) Name of
			 licensee or license applicant against whom the protest is being made;
(d) A complete statement of the facts,
			 circumstances and other reasons for the protest. The statement should include
			 alleged violations, approximate dates of alleged violations, names of
			 witnesses, if any, and any documents which support the allegations;
(e) The signature of the individual making
			 the protest.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0300 - Contractor to Submit "Wage Certification" Form

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every construction, farm and forest labor
			 contractor must, unless otherwise exempt, submit a certified true copy of all
			 payroll records to the Wage and Hour Division when the contractor or the
			 contractor's agent pays employees directly as follows:
(a) The first report is due no later than 35
			 days from the time the contractor begins work on each contract and must include
			 whatever payrolls the contractor has paid out at the time of the
			 report;
(b) The second report is
			 due no later than 35 days following the end of the first 35 day period on each
			 contract and must include whatever payrolls have been issued as of the time of
			 the report;
(c) If the contract
			 lasts more than 70 days, succeeding wage certification reports must include
			 whatever payrolls the contractor has paid out at the time of the report, with
			 the reports due at successive 35 day intervals, e.g. 105 days, 140 days from
			 the time the contractor begins work on the contract.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0310 - Contractor to Furnish Statement of Worker's Rights and Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every
			 construction, farm or forest labor contractor must furnish each worker with a
			 written statement of the worker's rights and remedies under the Worker's
			 Compensation Law, the Farm and Forest Labor Contractor Law, the Federal Service
			 Contracts Act, the Federal Davis Bacon Act, the Federal and Oregon Minimum Wage
			 Laws, Oregon Wage Collection Laws, Oregon Prevailing Wage Laws, Unemployment
			 Compensation Laws, and Civil Rights Laws. The form must be written in English
			 and in the language used by the contractor to communicate with the
			 workers.
(2) The form must be given
			 to the workers at the time they are hired, recruited or solicited by the
			 contractor or at the time they are supplied to another by the contractor,
			 whichever occurs first.
(3) The
			 Commissioner has prepared Form WH-151 for use by contractors in complying with
			 this rule. The form is in English and Spanish and is available at any office of
			 the Bureau of Labor and Industries.
Statutory/Other Authority: ORS 651 &
				  658.407(3)
Statutes/Other Implemented: ORS
				  658.440(1)(f)(I)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0320 - Form of License

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the information required by ORS
				658.430, the license form will
				contain such other information as the commissioner deems appropriate,
				including, but not limited to:
(1) The
			 indorsement required by ORS
			 658.417,
			 658.715 and by OR Laws, Chap.
			 73, Sec. 3, 1995, where appropriate.
(2) A statement indicating whether the
			 licensee is authorized to act as a construction labor contractor or a farm
			 labor contractor or whether the licensee is authorized to act as both a farm
			 labor contractor and a forest labor contractor or whether the licensee is
			 authorized to act as a farmworker camp operator.
Statutory/Other Authority: ORS 164, 165, 651, 658 &
				  962
Statutes/Other Implemented: ORS
				  658.405 -
				  658.503
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0350 - Work Agreements Between Labor Contractor and Farmers and Others

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Labor
			 contractors are required to file information relating to their agreements with
			 construction property owners or farmers with the Bureau.
(2) The Commissioner has developed Form
			 WH-152 that may be used to comply with this rule. Labor contractors may use any
			 form for filing the information so long as it contains all the elements of Form
			 WH-152.
(3) Labor contractors must
			 file this information with the Bureau by April 30 of each year. Amended or
			 updated information may be filed at any time. All information must be filed
			 with the Bureau of Labor and Industries, Wage and Hour Division, License Unit,
			 3865 Wolverine Street, NE, Bldg. E-1, Salem, OR 97305.
Stat. Auth.: ORS 164, 165, 651,
				  658.407(3)
				  & 962
Stats. Implemented: ORS
				  658.440(1)(e)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0355 - Property Services Contractor Work Locations, Employee Counts and Demographic Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Property
			 services contractors are required to file the following information with the
			 Bureau together with any application for a license or renewal of a property
			 services contractor license:
(a) The total
			 number of workers the property services contractor employs, as defined by ORS
			 653.010(2), to
			 perform janitorial services.
(b)
			 The physical address of the work location or locations where the property
			 services contractor employs, as defined by ORS
			 653.010(2),
			 workers to perform janitorial services.
(c) A summary of any demographic data that is
			 voluntarily provided by workers whom the property services contractor employs
			 in janitorial services relating to race, sex, sexual orientation, national
			 origin, marital status and age.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0360 - Work Agreements Between Labor Contractors and Their Workers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Labor
			 contractors are required to file information relating to work agreements
			 between the labor contractors and their workers with the bureau.
(2) The commissioner has developed Form
			 WH-153 that, in conjunction with Form WH-151, Statement of Workers Rights and
			 Remedies, may be used to comply with this rule. Labor contractors may use any
			 form for filing the information so long as it contains all the elements of Form
			 WH-153 and Form WH-151.
(3) Labor
			 contractors must file the form or forms used to comply with this rule with the
			 bureau at the same time that the contractors apply for a license renewal.
(4) Labor contractors are required
			 to furnish their workers with a written statement disclosing the terms and
			 conditions of employment, including all the elements contained in Form WH-151
			 and if they employ workers, to execute a written agreement with their workers
			 prior to the starting of work. The written agreement must provide for all the
			 elements contained in Form WH-153. A copy of the agreement and the disclosure
			 statement must be furnished to the workers in English and in any other language
			 used to communicate with the workers. The disclosing statement must be provided
			 to the workers at the time they are hired, recruited or solicited or at the
			 time they are supplied to another by that contractor, whichever occurs first. A
			 copy of the agreement must be furnished to workers prior to the workers
			 starting work.
(5) Written
			 notification of any changes in the terms and conditions of employment must be
			 provided any time any of the elements listed in the original statement change.
(6) Except as provided in sections
			 (7) and (8) of this rule, if it is not feasible to provide written notice at
			 the time changes to the terms and conditions of employment are made, written
			 notice of such changes may be made as soon as practicable.
(7) Written notice of pay decreases must be
			 provided either prior to or at the time such decrease is implemented.
(8) In the case of the notice
			 required by ORS 658.440(1)(f)
			 (G) of the name(s) and address(es) of the
			 owner(s) of operations where workers are employed, so long as notice is
			 provided no later than the next regularly scheduled payday following a change
			 in the location of work, in addition to the notice provided in (10)(a) or (b),
			 notice may be provided:
(a) To the Bureau of
			 Labor and Industries in writing; or
(b) On any documents issued to workers such
			 as picking tickets or itemized deduction statements provided to workers.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0370 - Statement of Earnings; Statement of Prevailing Wage

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Labor contractors are required to furnish
			 each worker, each time the worker receives a compensation payment from the
			 contractor, a written itemized statement of earnings. The written itemized
			 statement must include:
(a) The total gross
			 payment being made;
(b) The amount
			 and purpose of each deduction from the gross payment;
(c) The total number of hours worked during
			 the time covered by the gross payment;
(d) The rate of pay;
(e) If the worker is paid on a piece rate,
			 the number of pieces done and the rate of pay per piece done;
(f) The net amount paid after any deductions;
(g) The employer's name, address
			 and telephone number;
(h) The pay
			 period for which the payment is made.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0380 - Professional Training for Managers, Supervisors and Employees of Property Services Contractors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Property
			 services contractors must provide professional training pertaining to the
			 topics specified in section (4) of this rule to all of the contractor's
			 managers, supervisors and workers engaged in janitorial services as follows:
(a) At least once during the year in which a
			 property services contractor license is first issued to a property services
			 contractor;
(b) For new employees,
			 within 90 days of the employee's initial hiring date;
(c) For existing employees employed in a job
			 classification which does not perform janitorial services who transfer or are
			 assigned to a new job classification which is engaged in janitorial services,
			 within 90 days of the employee's transfer or reassignment; and
(d) At least once every two years after the
			 renewal of a license.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0410 - Records Availability

Current through Register Vol. 63, No. 7, July 1, 2024
Labor Contractors will make available to representatives of the
				Wage and Hour Division records necessary to determine compliance with ORS
				658.405 to
				658.475 and these rules. Records
				will be made available upon request of such representatives.
Stat. Auth.: ORS 651 &
				  658.407(3)
Stats. Implemented: ORS
				  658.405 -
				  658.503
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0450 - Contractor to Post Notice of Compliance with Bond Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every labor
			 contractor is required to post a notice of compliance with bond requirements in
			 English and in any language used by the contractor to communicate with the
			 contractor's workers. The notice must be posted in a conspicuous place on the
			 job site where the contractor's employees are working and must be easily
			 accessible to them.
(2) The notice
			 shall state that the contractor has complied with ORS
			 658.415 by obtaining a corporate
			 surety bond or by making a deposit with the commissioner. The notice shall also
			 indicate the amount of the surety bond or deposit and the expiration date of
			 the bond or deposit, and that the surety bond or deposits are conditioned on
			 the payment of wages and advances made by construction property owners, farmers
			 or owners or lessees of land intended to be used for the production of
			 timber.
(3) The notice shall
			 contain the name and Oregon address of the surety on the bond, if applicable,
			 or the address of the bureau when a deposit is made with the
			 commissioner.
(4) The commissioner
			 has prepared a notice (WH-155) in English and Spanish which complies with this
			 rule. Contractors may use any form or notice so long as it contains all the
			 elements of Form WH-155.
Statutory/Other Authority: ORS 164, 165, 651, 658 &
				  962
Statutes/Other Implemented: ORS
				  658.405 -
				  658.503
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0500 - Action Against the Bond or Deposit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person not paid wages owed to him/her
			 by a construction, farm or forest labor contractor or any construction property
			 owner, farmer or owner or lessee of land intended to be used for the production
			 of timber not paid advances due them by the farm or forest labor contractor has
			 a right of action against the surety on the bond or deposit with the
			 commissioner. The individual may exercise this right or may assign this right
			 to another.
(2) The action on the
			 bond or on the deposit held by the commissioner may not be joined in a suit or
			 action on the bond or against the commissioner brought for any other
			 claim.
(3) Any person seeking to
			 recover on the bond or from the deposit with the commissioner must first
			 establish the licensee'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 contractor 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 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0502 - Contractor to Pay Food and Lodging Expenses of Workers Who Travel Prior to the Availability of Employment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a worker is recruited or solicited
			 for work and the worker is required to travel from one place to another before
			 there is work available, the construction, farm or forest labor contractor
			 shall furnish to the worker, at no cost to the worker, food and lodging until
			 the work begins. The contractor shall provide, without cost to the worker, the
			 following:
(a) Lodging facilities which
			 comply with the provisions ORS Chapter 654 and the rules adopted thereunder;
			 and
(b) An adequate supply of food
			 to feed the worker at least twice in a 24 hour period.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0503 - Travel of Workers to Alternative Work Sites/Payment of Certain Transportation Costs

Current through Register Vol. 63, No. 7, July 1, 2024
When a worker arrives at a place of employment pursuant to OAR
				839-015-0502(1)
				and work is not available to that worker within 30 days of the date the work
				was represented to begin, the contractor shall:
(1) Refund to the worker, all sums paid to
				the contractor by the worker.
(2)
				Provide to the worker cash or a negotiable instrument in an amount sufficient
				to pay for one of the following circumstances:
(a) The cost of transportation, including the
				cost of meals and lodging while in transit, to return the worker to the place
				where the worker left as a result of the recruitment or solicitation;
				or
(b) At the option of the worker,
				the cost of transportation, including meals and lodging while in transit to any
				other worksite selected by the worker, but no greater amount need be paid than
				the amount specified in subsection (a) of this section.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0504 - Application of OAR 839-015-0502 and 839-015-0503 Limited

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 839-015-0502 and
			 839-015-0503 do not apply to
			 workers who, pursuant to OAR
			 839-015-0502(1),
			 arrive at a place of employment before the date instructed by the contractor or
			 agreed to by the worker and the contractor. The provisions of such rules are
			 applicable only on and after the date agreed upon, when no work is available on
			 that date.
(2) OAR
			 839-015-0502 and
			 839-015-0503 do not apply to
			 workers who have been provided housing or employment and who have not otherwise
			 been recruited or solicited by the contractor or the contractor's agent prior
			 to the arrival of the worker at the place of housing or employment.
Stat. Auth.: ORS 164, ORS 165, ORS 651, ORS
				  658.440(2)(c)
				  & ORS 962
Stats. Implemented: ORS
				  658.440(2)(c)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0505 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR
				839-015-0505 to
				839-015-0530:
(1) "Knowingly" or "willfully" means action
			 undertaken with actual knowledge of a thing to be done or omitted or action
			 undertaken by a person who 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 which, with reasonably diligent inquiry,
			 would place the person on notice of the thing to be done or omitted to be done.
			 A person acts knowingly or willfully if the person has the means to inform
			 himself or herself but elects not to do so. For purposes of this rule, the farm
			 labor contractor, forest labor contractor or any person acting as a farm or
			 forest labor contractor is presumed to know the affairs of their business
			 operations relating to farm or forest labor contracting.
(2) "Violation" means a transgression of any
			 statute or rule, or any part thereof and includes both acts and
			 omissions.
Stat. Auth.: ORS 651 & ORS 658
Stats. Implemented: ORS
				  658.405 - ORS
				  658.503
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0507 - 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
				  658.407(3)
Stats. Implemented: ORS
				  658.405 - ORS
				  658.503
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0509 - Inspection of Contractor's License or Temporary Permit

Current through Register Vol. 63, No. 7, July 1, 2024
A person to whom an unlicensed labor contractor provides
				workers violates ORS 658.437(2) when
				the person or person's agent did not, prior to allowing work to be performed on
				any contract or agreement with the contractor:
(1) Inspect the contractor's apparently valid
			 construction, farm or forest labor contractor's license or temporary permit
			 that has not expired and identify the contractor providing the workers as the
			 same individual whose photo appears on the license or temporary permit;
			 and
(2) Retain a copy of the
			 license or temporary permit provided to the person or the person's agent by the
			 contractor.
Statutory/Other Authority: ORS
				  658.407
Statutes/Other Implemented: ORS
				  658.405 -
				  658.503
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0510 - Criteria for Determining a Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The commissioner may consider the
			 following mitigating and aggravating circumstances when determining the amount
			 of any civil penalty to be imposed, and shall cite those the commissioner finds
			 to be appropriate:
(a) The history of the
			 contractor or other person in taking all necessary measures to prevent or
			 correct violations of statutes or rules;
(b) Prior violations, if any, of statutes or
			 rules;
(c) The magnitude and
			 seriousness of the violation;
(d)
			 Whether the contractor or other person knew or should have known of the
			 violation.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0512 - 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 $2,000. The actual
			 amount of the civil penalty will depend on all the facts and on any mitigating
			 and aggravating circumstances.
(2)
			 For purposes of this rule, "repeated violations" means violations of a
			 provision of law or rule which have been violated on more than one contract
			 within two years of the date of the most recent violation.
(3) When the Commissioner determines to
			 impose a civil penalty for acting as a construction, farm or forest labor
			 contractor without a valid license, the minimum civil penalty shall be as
			 follows:
(a) $500 for the first
			 violation;
(b) $1,000 for the first
			 repeated violation;
(c) $2,000 for
			 the second and each subsequent repeated violation.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0520 - Denying, Suspending, Revoking or Refusing to Renew License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following
			 violations are considered to be of such magnitude and seriousness that the
			 Commissioner may propose to deny or refuse to renew a license application or to
			 suspend or revoke a license:
(a) Making a
			 misrepresentation, false statement or certification or willfully concealing
			 information on the license application;
(b) Causing an existing contract of
			 employment to be violated;
(c)
			 Knowingly employing a noncitizen not legally present or legally employable in
			 the United States;
(d) Assisting an
			 unlicensed person to act as a labor contractor;
(e) In any way inducing an employee or
			 subcontractor of the contractor to give up any part of the compensation to
			 which the employee or subcontractor is entitled under a contract or under
			 federal or state wage laws;
(f)
			 Discharging or discriminating in any way against an employee in violation of
			 ORS 658.452;
(g) Intentionally altering a license or
			 permit, or using the license or permit of another;
(h) Knowingly permitting another to use the
			 licensee's license or permit;
(i)
			 Acting as a labor contractor without a license;
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0525 - Immediate Suspension or Refusal to Renew a License; Notice of Opportunity for Hearing; Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 Bureau finds there is a serious danger to the public health or safety, it may
			 immediately suspend or it may refuse to renew a license. For purposes of this
			 rule, such a decision is referred to as an emergency suspension order. An
			 emergency suspension order is a written order which is not a final order under
			 ORS Chapter 183. An emergency suspension order is not an order in a contested
			 case and may be issued without notice or an opportunity for a hearing as
			 required for contested cases under ORS Chapter 183.
(2)
(a)
			 Except where the danger to the public health or safety is so imminent that
			 opportunity for the licensee to object under section (3) of this rule is not
			 practicable as determined by the Bureau, the Bureau shall provide the licensee
			 with notice and opportunity to object prior to issuing the emergency suspension
			 order. For purposes of this rule, this notice is referred to as a presuspension
			 notice;
(b) The presuspension
			 notice shall:
(A) Specify the acts of the
			 licensee and the evidence available to the Bureau which would be grounds for
			 revocation, suspension or refusal to renew the license under the Bureau's usual
			 procedures;
(B) Specify the reasons
			 why the acts of the licensee seriously endanger the public health or
			 safety;
(C) Identify a person in
			 the Bureau authorized to issue the emergency suspension order or to make
			 recommendations regarding the issuance of the emergency suspension
			 order.
(c) The Bureau may
			 provide the presuspension notice to the licensee in writing, orally by
			 telephone or in person, or by any other means available to the
			 Bureau;
(d) Where the presuspension
			 notice is given orally, the Bureau subsequently shall provide the licensee with
			 a written copy of the notice.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0530 - Knowing Employment of a Noncitizen Not Legally Present or Legally Employable in the United States

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 contractor knowingly employs a noncitizen who is not legally present or legally
			 employable in the United States, in violation of ORS
			 658.440(3)(d),
			 if the contractor:
(a) Actually knows that
			 the noncitizen is not legally present and/or not legally employable in the
			 United States; or
(b) Would know
			 that fact if the contractor made efforts to ascertain the noncitizen's status
			 in the United States which were reasonably diligent under the circumstances as
			 the contractor knows them.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0600 - Procedure for Filing Civil Action under ORS 658.453

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any worker who wishes to file a civil
			 action pursuant to ORS
			 658.453 must file a complaint
			 with the Bureau.
(2) The complaint
			 must be in writing and contain the names of the persons or entities against
			 whom the complaint is filed. A copy of the proposed complaint to be filed with
			 the court may, if available, be attached to the complaint filed with the
			 Bureau. The worker filing the complaint with the Bureau may also state whether
			 the worker intends to pursue a private civil court action.
(3) The complaint is considered filed with
			 the Bureau on the date that it is mailed to the Bureau or the date it is
			 emailed to the Administrator of the Wage and Hour Division.
(4) The complaint that is filed with the
			 Bureau should be filed prior to the filing in court of a civil complaint
			 pursuant to ORS 658.453. However, if the
			 complaint filed with the Bureau is not filed prior to the filing of a complaint
			 in court but is done so before the entry of a final judgment, it shall be
			 considered to be filed timely for purposes of ORS
			 658.453.
Statutory/Other Authority: ORS
				  651.060 & ORS
				  658.450
Statutes/Other Implemented: ORS
				  658.405 -
				  658.511
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0605 - Knowingly Using the Services of an Unlicensed Contractor

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 658.465(1), any
			 person who knowingly uses the services of an unlicensed construction, farm or
			 forest labor contractor is personally, jointly and severally liable with the
			 person acting as a construction, farm or forest labor contractor to the same
			 extent and same manner as provided in 658.453(4).
(2) A person knowingly uses the services of
			 an unlicensed construction, farm or forest labor contractor in violation of ORS
			 658.465(1), if
			 the person:
(a) Uses the services of a person
			 acting as a construction, farm or forest labor contractor and the person
			 actually knows that the contractor does not have a valid license to act as a
			 construction, farm or forest labor contractor; or
(b) Allows work to be performed on any
			 contract or agreement with an unlicensed construction, farm labor contractor
			 without first complying with the provisions of ORS
			 658.437(2) and
			 OAR 839-015-0509.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0610 - Actions Under ORS 658.475 for Injunctive or Declaratory Relief and Damages

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person,
			 including any worker, who wishes to file a civil action pursuant to ORS
			 658.475 may do so. The person is
			 not required to file a complaint with the Bureau. However, if a person filing
			 the action desires to notify the Bureau, the person may do so by sending a copy
			 of the complaint that the person filed with the court to the Bureau.
(2) The damages provided for in ORS
			 658.475 are in addition to
			 damages provided for in any other statute including, but not limited to, ORS
			 658.453.
Statutory/Other Authority: ORS
				  651.060
Statutes/Other Implemented: ORS
				  658.405 -
				  658.511
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0004 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS
				658.005 to
				658.245 and in these rules
				unless the context requires otherwise:
(1) "Advertising" means any material or means
			 used by the employment agency for solicitation or promotion of business. This
			 includes, but is not limited to, business cards, notices or announcements in
			 newspapers, radio, television, brochures, pamphlets, gift items, and signs. It
			 may also mean referral cards, invoices, letterheads, or other forms if such
			 forms are used in combination with solicitation and promotion of
			 business.
(2) "Applicant for
			 Employment" means an individual who is seeking or who has obtained employment
			 through the services of an employment agency.
(3) "Bureau" means the Bureau of Labor and
			 Industries of the State of Oregon.
(4) "Charge for Services" means any money or
			 other consideration paid or promised to be paid by an applicant for employment
			 for services rendered by an employment agency.
(5) "Commissioner" means the Commissioner of
			 the Bureau of Labor and Industries or the Commissioner's authorized deputies
			 and officers.
(6) "Employment
			 listing service" means a business operated by a person that:
(a) Provides lists of specified positions of
			 employment available with an employer listing service or that holds itself out
			 to individuals as able to provide information about specific positions of
			 employment with an employer other than the employment listing
			 service;
(b) Charges an individual
			 a fee for its services; and
(c)
			 Does not arrange or set up interviews between an individual and a prospective
			 employer or otherwise intercede between an individual and a prospective
			 employer but may offer limited counseling and employment-related services to an
			 individual that includes, but is not limited to, personal grooming and
			 appearance and interview preparation.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0011 - Contents of Contract

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 employment agencies making a charge for service to the applicant for
			 employment, either directly or indirectly, must have a written contract with
			 the applicant for employment which contains the requirements set out in ORS
			 658.005 to
			 658.245.
(2) The contract shall contain a schedule of
			 maximum service charges. When the agency places applicants for employment in
			 permanent employment (as defined in ORS
			 658.185(1)(a)),
			 temporary employment (as defined in ORS
			 658.185(1)(b))
			 or in employment compensated on a commission basis, the schedule shall contain
			 separate sections pertaining to the types of employment in which applicants for
			 employment are placed. However, separate sections are required only when the
			 agency makes placements in more than one type of employment.
(3) See
Appendix 1
for an
			 example of a contract 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
				  658.005 - ORS
				  658.245
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0012 - Additional Contract Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the requirements of the statutes included in OAR
				839-017-0011, the following
				contract clauses must be in all contracts between the employment agency and an
				applicant for employment who may be responsible for the agency's charge for
				services either directly or indirectly:
(1) "A refund, when due, shall be made within
			 ten (10) days after notice of termination of the applicant's employment has
			 been received by the agency."
(2)
			 "If my employment lasts less than ninety (90) calendar days,_____ (agency)
			 _____ shall reduce the service charge so that it will not exceed one-ninetieth
			 of the charge for permanent employment for each consecutive calendar day during
			 the period I am employed or compensated as though employed."
(3) "I understand I shall be responsible for
			 only one full fee for any single placement whether or not employment is secured
			 through the assistance of more than one employment agency."
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.165 & ORS
				  658.185
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0013 - Requirements When Compensation Based on Commission

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the requirements of OAR
				839-017-0011 and
				839-017-0012, the following
				clauses are required to be in all contracts between agencies and applicants for
				employment when placements are made or to be made on commission
				positions:
(1) "Should proof be
			 presented after six months and/or twelve months of employment that the
			 estimates of total gross earnings were inaccurate, _____ (agency) _____ shall
			 refund to the applicant any excess charges paid by him, or the applicant shall
			 pay to _____ (agency) _____ any deficiency in charges."
(2) "If the applicant's compensation is based
			 on commission and his employment is terminated prior to the conclusion of the
			 first twelve months of employment, the actual total gross earnings of the
			 applicant for the period of employment shall be projected to twelve months on a
			 pro-rata basis as though the applicant had been employed for the entire period
			 of twelve months, and a computation shall be made thereon. The adjusted charge
			 for services by the applicant shall be predicated upon such
			 computation."
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.185
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0025 - Clauses or Statements Not Required, May Be Included

Current through Register Vol. 63, No. 7, July 1, 2024
The following clauses or statements are not required to be in
				any contract between the employment agency and the applicant for employment who
				may be responsible for the agency's charge for service directly or indirectly,
				but so long as consistent with other required or permissible clauses, may be
				included in the contract between the employment agency and the applicant for
				employment:
(1) "In no instance in
			 which the employment secured is subsequently terminated shall the charge for
			 services be greater than the total gross earnings of the applicant."
(2) "One month equals 1/12th of a year or
			 4-1/3 weeks."
(3) "These service
			 charges often may be deducted for income tax purposes."
(4) "Payment of any refund which shall be due
			 shall be made to the applicant's lender, if any, to the extent of the then
			 unpaid balance of such loan to minimize the liability of _____ (agency) _____
			 for the interest, fees, or other charges incurred by the applicant."
(5) "I will keep the agency informed about
			 the results of all arranged interviews, and will advise the agency at once upon
			 acceptance of employment, or if employment which has been accepted is
			 terminated for any reason."
(6) "I
			 hereby give permission for references to be checked for purposes of employment,
			 and understand that upon request _____ (agency) _____ will divulge the content
			 of same to me."
(7) "If the
			 applicant fails to perform this contract, or to pay the agency's service charge
			 provided herein, then the applicant agrees to pay _____ (agency) _____
			 reasonable attorney's fees and other costs of collection as determined by a
			 court."
(8) "There shall be no oral
			 agreements or oral additions to this contract. Any further terms, conditions,
			 or understandings shall be in writing."
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 839-017-0030 - Refund to Applicant

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Whenever an agency receives notice from any source that an applicant for
			 employment has terminated employment within the time which requires a refund of
			 a portion or all of the agency's charge for services, the agency shall refund
			 within ten days of such notice, by cash or its equivalent, and not by goods or
			 services, all sums due as a refund to the applicant.
(2) Those applicants for employment whose
			 compensation is based upon commission employment and who have presented proof
			 of earnings at the end of six and/or twelve months which may require a refund
			 of a portion of the agency's charges, shall receive such refund from the agency
			 within ten days of such request.
(3) Contracts or agreements shall not contain
			 statements or understandings concerning job replacement or other goods and
			 services contrary to this rule.
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.185
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0031 - Oral Agreements or Additions to Contracts Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
There shall be no oral agreements or oral additions to any
				contract between the employment agency and the applicant for employment. Any
				terms, conditions, or understandings between the employment agency and the
				applicant for employment shall be in writing.
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.168
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0032 - Record of Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
All contracts shall be in numerical order and registered in a
				log. The log will contain the contract number, the date, and the name of the
				applicant as it appears in some uniform place in the contract. A separate set
				of numbers may be used for "fee" and "fee paid" contracts.
Stat. Auth.: ORS
				  658.210 & ORS
				  658.078
Stats. Implemented: ORS
				  658.078
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0040 - Fee Paid Positions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an
			 employment agency deals in both fee paid positions and in positions for which
			 the applicant for employment pays the charge for service, and when the agency
			 intends to assist individuals exclusively with referrals and placements in fee
			 paid positions, the agency must enter into a written agreement with each
			 individual applicant for employment. This agreement may be similar to that as
			 provided in Appendix 2. If the applicant subsequently desires referrals to
			 applicant fee paid positions, the agency must enter into a new contract in
			 conformity with OAR 839-017-0011 to
			 839-017-0045 before any such
			 referral is made.
(2) Written
			 disclosure to the applicant for employment that is provided for in section (1)
			 of this rule shall not be required when the position for which the applicant
			 for employment is applying or being recruited will pay the applicant for
			 employment no less than $30,000 per year on a salary basis.
The Appendix referenced in this rule is not printed in the
				  OAR Compilation. Copies are available from the
				  agency.
Stat. Auth.: ORS
				  658.210
Stats. Implemented: ORS
				  658.005 - ORS
				  658.245