Oregon Administrative Code

839-001-0160 Schedule of Civil Penalties for Violations of ORS 652.020 (1) Except as provided in section (4) of this rule, the civil penalty for any one violation of ORS 652.020 or any rule adopted pursuant thereto shall not exceed $1,000. The actual amount of the civil penalty w…

839-001-0200 Deductions for Garnishment Processing Fee (1) If a garnishee that employs a debtor is required to make any payment under a writ of garnishment by reason of wages payable to the debtor, the garnishee may collect a processing fee as provided pursuant to ORS 18.736 for …

839-001-0250 Deductions for Costs of Benefits Paid by the Employer While the Employee Is on OFLA Leave The Oregon Family Leave Act provides that notwithstanding 652.610(3), when an employer pays the employee’s portion of the cost of providing health, disability, life or other ins…

839-001-0300 Liability of Employer for Issuance of Dishonored Check in Payment of Wages (1) As used in this rule: (a) “Check” means a check, draft or order for the payment of money. (b) “Drawee” means a person ordered in a draft to make payment pursuant to ORS 73.0103(1)(b). (2) …

839-001-0410 Definitions for Regulations Pertaining to the Payment of Wages at Termination of Employment As used in ORS 652.140 to 652.165 and in OAR 839-001-0410 to 839-001-0480, unless the context requires otherwise; (1) "Business day" includes Monday through Friday, exclusive …

839-001-0420 Payment of Wages at Termination of Employment (1) Except as provided in OAR 839-001-0440 and 839-001-0490, when an employer unilaterally discharges an employee or when the employee and the employer mutually agree to the termination of employment, all of the wages tha…

839-001-0430 When Layoff is Considered Termination of Employment (1) When an employee is laid off with no reasonable expectation that the employee will return to work, the layoff is considered to be a termination of employment for purposes of OAR 839-001-0420 and 839-001-0440 and…

839-001-0440 Special Provisions for Payment of Wages at Termination for Seasonal Farmworkers and Seasonal Reforestation Workers (1) Unless the conditions described in ORS 652.145(1)(a) apply, when a seasonal farmworker or seasonal reforestation worker terminates employment becaus…

839-001-0450 Forwarding Wages and Direct Deposit of Wages at Termination of Employment (1) All wages due and payable at termination of employment shall be forwarded by the employer to the employee to any address designated by the employee when the employee requests the employer t…

839-001-0460 Payment in Case of a Dispute over the Amount of Wages Due at Termination of Employment/Employee Rights and Remedies (1) In case of a dispute over the amount of wages due and payable at termination of employment, the employer shall pay the amount of wages that the emp…

839-001-0470 Penalty for Failure to Pay Wages on Termination of Employment (1) When an employer willfully fails to pay all or part of the wages due and payable to the employee upon termination of employment within the time specified in OAR 839-001-0420, 839-001-0430 and 839-001-0…

839-001-0490 Special Provisions for Payment of Wages at Termination for Employees of Businesses Primarily Engaged in the Sale of Motor Vehicles or Farm Implements Who Are Paid on a Commission Basis (1) When an employee of a business primarily engaged in the sale of motor vehicles…

839-001-0495 Violations Separate and Distinct Each violation of ORS 652.110, 652.140, 652.145, 652.260, 652.610(4), 652.750 or any rule adopted pursuant thereto is a separate and distinct offense. In the case of continuing violations, each day's continuance is a separate and dist…

839-001-0496 Civil Penalties for Violation of Regulations Pertaining to the Payment of Wages (1) When assessing a civil penalty for violations of ORS 652.110, 652.140, 652.145, 652.260, 652.610(4), 652.750 or any rule adopted pursuant thereto, the commissioner may consider the fo…

839-001-0500 Definitions for Wage Security Fund Regulations As used in OAR 839-001-0500 to 839-001-0560 unless the context requires otherwise: (1) “Assets” include real and personal property of whatsoever nature, excluding such property which the employer has a right to claim exe…

839-001-0510 Eligibility for Wage Payment from the Wage Security Fund (1) An employee is eligible for the payment of a wage claim from the Fund when the Commissioner makes the following determinations: (a) The employer has ceased doing business in Oregon; and (b) The employer is …

839-001-0515 Factors to Be Considered in Making Determinations Related to Eligibility for Payment from the Wage Security Fund When Employer Has Closed (1) In determining that an employer has ceased doing business the Commissioner may consider: (a) Whether the business premises ar…

839-001-0520 Amount of Claim to Be Paid from the Wage Security Fund (1) Except as provided in sections (3) and (4) of this rule, after a wage claim is determined to be eligible for payment from the Fund, the amount to be paid shall be: (a) The unpaid amount of wages earned within…

839-001-0525 Priority of Payments from the Wage Security Fund The Bureau shall pay from or encumber the Fund, on a monthly basis, the administrative and operating expenses incurred while carrying out the provisions of ORS 652.414, and these rules before paying wage claims. Statut…

839-001-0530 Wage Security Fund Amount Available for Claim Payment: Prorating Claims When Insufficient Funds are Available (1) When the amount in the Fund is determined to be insufficient to pay in full all accumulated wage claims determined to be eligible for payment, such wage …

839-001-0550 Procedure for Timely and Cost Efficient Method for the Payment of Wages from the Wage Security Fund (1) When it has been determined that an employer has ceased doing business in Oregon, the Division shall approve or deny payment from the Fund within 30 days of the da…

839-001-0560 Recovery from Employers When Sums Paid from the Wage Security Fund (1) The Commissioner may perfect a security interest in the personal property of the employer in the amount of the sums paid from the Fund on a wage claim and in an additional amount of the penalty pr…

839-001-0700 Definitions for Regulations Pertaining to Moneys Collected from Employees for Group Health Insurance Coverage and Notification of Various Parties on Termination of Group Health Insurance Coverage As used in ORS 652.710 and in OAR 839-001-0700 to 839-001-0800, unless …

839-001-0710 Effective Dates for Civil Penalty Provisions (1) The civil penalty provisions become effective on the following dates: (a) The civil penalty provisions of ORS 652.710 for violations of 652.710(1) are effective September 29, 1991; (b) The civil penalty provisions of O…

839-001-0720 Notification of Termination of Group Health Insurance Policy (1) When an employer receives notice from a contractor or insurer who is providing or has provided the employer with a group health insurance policy that the policy is terminated by the insurer and when the…

839-001-0730 Records to Be Kept/Availability of Records (1) The employer shall keep and make available for inspection by the Commissioner of the Bureau of Labor and Industries or representatives of the commissioner the following documents: (a) A true copy of the notice delivered …

839-001-0740 Employee Notification Form for Termination of Group Health Insurance Coverage (1) For purposes of complying with ORS 652.710(3) and OAR 839-001-0720, there is no specific form required. The document used by the employer to notify its employees must contain all the in…

839-001-0760 Violations Separate and Distinct Each violation of ORS 652.710(1) and (3) is a separate and distinct offense. In the case of continuing violations, each day's continuance is a separate and distinct violation. Statutory/Other Authority: ORS 652.710(7) & 652.710(11) St…

839-001-0770 Violations of ORS 652.710(10) and (3) for Which a Civil Penalty May Be Assessed Pursuant to ORS 652.710(4), the Commissioner may assess a civil penalty for violations of 652.710(1) and (3) as follows: (1) Violations of ORS 652.710(1): (a) Failure of the employer to k…

839-001-0780 Criteria for Determining a Civil Penalty (1) The Commissioner may consider the following mitigating and aggravating circumstances when determining the amount of any civil penalty to be assessed and cite those the Commissioner finds to be appropriate: (a) The history …

839-001-0790 Schedule of Civil Penalties for Violation of ORS 652.710(1) (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 on any mitigating and aggravating circumstances. (2) When the Comm…

839-001-0800 Schedule of Civil Penalties for Violation of ORS 652.710(3) (1) The civil penalties for any one violation shall not exceed $1,000. The actual amount of the civil penalty will depend on all the facts and on any mitigating and aggravating circumstances. (2) When the Co…

839-002-0001 Rulemaking: Purpose of Rules The Bureau of Labor and Industries is authorized to develop administrative rules necessary for enforcement of statutes for which it is responsible. The purpose of these rules is to guide the bureau in the rule-making process. Statutory/Ot…

839-002-0002 Rulemaking: Proposed Rule Notice Prior to the permanent adoption, amendment or repeal of any rule of the Bureau of Labor and Industries, the bureau will give notice of intended action: (1) In the Secretary of State's Bulletin, referred to in ORS 183.360, at least 21 …

839-002-0005 Model Rules of Procedure (1) The Attorney General's Model Rules of Procedure under the Administrative Procedures Act, are hereby adopted to govern the operations of the Bureau of Labor and Industries. (2) The Model Rules of Procedure will govern operations of the Hea…

839-002-0015 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Authority (1) ORS 651.060(1) authorizes the commissioner to conduct investigations in all matters relating to the duties required under ORS 279C.800 to 279C.870, 651.030, 651.050, 651.120 a…

839-002-0020 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Definitions (1) “Division” means the Civil Rights Division and Wage and Hour Division in the Bureau of Labor and Industries. (2) “Document” means any existing written, printed, typed, or re…

839-002-0025 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Who and What May Be Subpoenaed The commissioner may issue subpoenas to persons to compel testimony and the production of documents or other things that are relevant to the commissioner’s la…

839-002-0030 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Circumstances under Which a Subpoena May be Issued (1) The commissioner may issue a subpoena at any time when the information sought is relevant to a lawful investigative purpose and is rea…

839-002-0035 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Who May Issue Subpoenas The commissioner or the commissioner’s designees may issue subpoenas. Statutory/Other Authority: ORS 651.060, 658.220 & 659A.800 Statutes/Other Implemented: ORS 279C…

839-002-0040 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Subpoena Duces Tecum (1) A subpoena duces tecum may be issued to any person who has custody, possession, or control of documents or other things named in the subpoena duces tecum when the c…

839-002-0045 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Subpoena Ad Testificandum (1) A subpoena ad testificandum may be issued to any person when the conditions set out in 839-002-0030(2) or 839-002-0030(3) have been met. (2) The subpoena ad te…

839-002-0050 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Method of Service (1) Except as noted in subsections (2) and (3) of this rule, subpoenas must be served in person by delivering a copy to the witness personally and, at the same time, givin…

839-002-0055 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Fees All persons subpoenaed by the commissioner must be paid the mileage and per diem set out in ORS 44.415(2). Statutory/Other Authority: ORS 651.060, 658.220 & 659A.800 Statutes/Other Imp…

839-002-0060 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Time (1) Any person served with an investigative subpoena may object to testifying or providing the documents or other things sought. Grounds for objections include: (a) The information sou…

839-002-0065 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Response to Objections (1) The Division serving a subpoena will respond in writing within fourteen calendar days of receiving objection from a person receiving the subpoena that: (a) Allege…

839-002-0070 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Method of Taking Testimony (1) When a witness appears to give testimony in response to a subpoena ad testificandum, an oath or affirmation will be administered to the witness prior to the w…

839-002-0075 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Failure to Appear If a person served with a subpoena fails to appear and has not filed any prior objections, the commissioner will conclude that the person has refused, without reasonable c…

839-002-0080 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Enforcement of Subpoena If a person served with a subpoena refuses, without reasonable cause, to be examined, to answer any question, or to produce any document or other thing as required b…

839-002-0405 Hospital Workforce Demographic Reports (1) Every hospital required to submit a report to the United States Equal Employment Opportunity Commission in accordance with 42 USC 2000e-8(c) must file a copy of the report with the Bureau of Labor and Industries no later tha…