Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0508 - Violations for Which a Civil Penalty May Be Imposed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 658.453, the commissioner may
			 impose a civil penalty for each of the following violations:
(a) Recruiting, soliciting, supplying or
			 employing workers without a license to act as a labor contractor in violation
			 of ORS 658.410;
(b) Failing to carry a labor contractor's
			 license at all times while acting as a labor contractor and exhibit it upon
			 request to any person with whom the contractor intends to deal in the capacity
			 of a labor contractor, in violation of ORS
			 658.440(1)(a);
(c) Failing to post a notice in English and
			 in any other language used to communicate with workers that the contractor has
			 a bond or deposit and where claims can be made against the bond or deposit in
			 violation of ORS 658.415(15);
(d) Failing to file a change of address
			 notice with the U.S. Post Office and the bureau in violation of ORS
			 658.440(1)(b);
(e) Failing to pay or distribute when due any
			 money or other valuables entrusted to the contractor in violation of ORS
			 658.440(1)(c);
(f) Failing to comply with contracts or
			 agreements entered into as a contractor in violation of ORS
			 658.440(1)(d);
(g) Failing to furnish each worker, at the
			 time of hiring, recruiting, soliciting or supplying, whichever occurs first, a
			 written statement that contains the terms and conditions described in ORS
			 658.440(1)(f);
(h) Failing to execute a written agreement
			 between the worker and the labor contractor containing the terms and conditions
			 described in ORS 658.440(1)(f),
			 at the time of hiring and prior to the worker performing any work for the labor
			 contractor;
(i) Failing to furnish
			 each worker with an itemized deduction statement and statement as to the rate
			 of wage to be paid and other information in violation of ORS
			 658.440(1)(h);
(j) Making misrepresentations, false
			 statements or willful concealments on the license applications in violation of
			 ORS 658.440(3)(a);
(k) Willfully making or causing to be made
			 any false, fraudulent or misleading information concerning the terms,
			 conditions or existence of employment in violation of ORS
			 658.440(3)(b);
(l) Soliciting or inducing or causing to be
			 solicited or induced a violation of an existing employment contract in
			 violation of ORS 658.440(3)(c);
(m) Knowingly employing a noncitizen not
			 legally employable or present in the United States in violation of ORS
			 658.440(3)(d);
(n) Assisting an unlicensed person to act as
			 a contractor in violation of ORS
			 658.440(3)(e);
(o) Inducing in any manner whatsoever an
			 employee or subcontractor to give up any part of the employee's or
			 subcontractor's compensation to which they are entitled under an employment
			 contract or under federal or state wage laws in violation ORS
			 658.440(3)(f);
(p) Soliciting, inducing, or causing to be
			 solicited or induced, the travel of a worker from one place to another by
			 representing to a worker that employment for the worker is available at the
			 destination when employment for the worker is not available within 30 days
			 after the date work was represented as being available, is in violation of ORS
			 658.440(3)(g);
(q) Discharging or in any other manner
			 discriminating against employees in violation of ORS
			 658.452;
(r) Failing to provide lodging and food when
			 required by ORS 658.440(2)(c)
			 and these rules;
(s) Failing to
			 carry the license in violation of ORS
			 658.440(1)(a);
(t) Failing to exhibit the license in
			 violation of ORS 658.440(1)(a);
(u) Failing to provide certified true copies
			 of payroll records in violation of ORS
			 658.440(1)(i);
(v) Failing to provide workers' compensation
			 insurance in violation of ORS
			 658.440(1)(j).