Chapter 652 — Chapter 652
83 sections in this chapter.
ORS 652.010 Declaration of public policy concerning maximum working hours in certain industries. (1) It is the public policy of this state that no person shall be hired, nor permitted to work for wages, under any conditions or terms, for longer hours or days of service than is consistent with the person’s health and physical well-being and ability to promote the general welfare by the person’s increasing usefulness as a healthy and intelligent citizen
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(2) It hereby is declared that the working of any person more than 10 hours in one day in any mill, factory or other manufacturing establishment or the working of any person more than eight hours, exclusive of one hour, more or less, in one day, or more than 48 hours in one workw…
ORS 652.020 Maximum working hours in certain industries; overtime hours and pay; exemptions; penalties. (1) As used in this section
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(a) “Machinery” means material-handling equipment and power-driven machines powered by electricity, nuclear or fossil fuels, hydroelectric power, geothermal power or another power source other than by human hand, foot or breath. (b) “Manufacturing” means the process of using mach…
ORS 652.030 Enforcement of ORS 652.010 and 652.020 dependent upon like laws in other states. ORS 652.010 and 652.020 shall not be enforced insofar as they relate to working hours in sawmills, planing mills, shingle mills and logging camps until laws containing like provisions regarding working hours in such places of employment in the States of California, Washington and Idaho become effective in each of those states respectively
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[Repealed or reserved.]
ORS 652.035 Violations of certain laws relating to maximum working hours and minimum employment conditions; remedies; retaliation prohibited. (1) Any employee asserting a violation of ORS 652.020, 653.263 or 653.265 may file a complaint with the Commissioner of the Bureau of Labor and Industries under ORS 659A.820 or a civil action as provided in ORS 659A.885
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(2) In addition to any other damages provided by law, the commissioner may assess a civil penalty against the employer in the amount of $1,000. (3) The commissioner shall waive 50 percent of the amount of any civil penalty imposed by order under this section if the commissioner d…
ORS 652.040 Maximum working hours in mines; exceptions. (1) No person who operates any underground mine yielding gold or silver or copper or lead or other metal shall permit or require any person to work in such underground mine for more than eight hours in any 24 hours. The hours for such employment or work day shall be consecutive excluding, however, any intermission of time for lunch or meals
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(2) In the case of emergency, where life or property is in imminent danger, persons may work in such underground mines for a longer time during the continuance of the exigency or emergency. This section does not apply to mines in their first stages of development, such as tunnel …
ORS 652.050 Definitions for ORS 652.050 to 652.080. As used in ORS 652.050 to 652.080
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(1) “Firefighter” means a person whose principal duties consist of preventing or combating fire or preventing loss of life or property from fire. (2) “Regularly organized fire department” means any organization maintained for the purpose of preventing or combating fire and employ…
ORS 652.060 Maximum working hours for firefighters. (1)(a) No person employed on a full-time basis as a firefighter by any regularly organized fire department maintained by any incorporated city, municipality or fire district and that employs not more than three persons on a full-time basis as firefighters shall be required to be on regular duty with such fire department more than 72 hours a week. However, any affected incorporated city, municipality or fire district shall be deemed to have complied with this paragraph and ORS 652.070 if the hours of regular duty required of firefighters employed by it average not more than 72 hours a week over each quarter of the fiscal year of the employing city, municipality or fire district
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(b) No person employed on a full-time basis as a firefighter by any regularly organized fire department maintained by any incorporated city, municipality or fire district and that employs four or more persons on a full-time basis as firefighters shall be required to be on regular…
ORS 652.070 Overtime pay for firefighters. (1) Every affected incorporated city, municipality and fire district shall put into effect and maintain a schedule of working hours required of regularly employed firefighters which shall not be in excess of the average hours established by ORS 652.060, and which shall provide for at least 48 consecutive hours off-duty time in each seven-day period. Any affected incorporated city, municipality or fire district failing so to do shall pay to every regularly employed firefighter as additional pay for every hour of regular duty required of and performed by the firefighter over and above the average hours established by ORS 652.060 a sum equivalent to one and one-half times the regular hourly rate of pay at the time of such default. However, in the case of replacement for any authorized leave, vacation or temporary vacancy, regularly employed firefighters in a department employing four or more persons on a full-time basis as firefighters may elect to work in excess of 56 hours a week at not less than their regular hourly rate of pay
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(2) Nothing in subsection (1) of this section requires payment of one and one-half times the hourly rate of pay to a volunteer firefighter for hours of duty performed in excess of the average hours established by ORS 652.060. [Amended by 1959 c.402 §2; 1969 c.581 §2; 1983 c.319 §…
ORS 652.080 Computing hours on duty for purposes of ORS 652.060 and 652.070. In computing the average or total number of hours a week for the purposes of ORS 652.060 and 652.070, authorized vacation or sick leave time shall be considered as time on regular duty. [1959 c.402 §4]
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[Repealed or reserved.]
ORS 652.100 False information related to hours worked or compensation received by employees; prohibited acts by employer; employee right of action; remedies for violation; penalties. An employer may not
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(1) Compel, coerce or otherwise induce or attempt to induce an employee to create, file or sign documents containing information that the employer knows is false related to the hours worked or compensation received by the employee. (2) In addition to any other remedy provided by …
ORS 652.110 Method of paying employees; agreement on method of payment; revocation of agreement. (1) A person engaged in any business or enterprise of any kind in this state may not issue, in payment of or as evidence of indebtedness for wages due an employee, any order, check, memorandum or other instrument of indebtedness unless the instrument is negotiable and payable without discount in cash on demand at some bank or other established place of business in the county where the employee lives or works and where a sufficient amount of funds have been provided and are or will be available for the payment of the instrument when due. The person shall, upon presentation and demand, pay the instrument in lawful money of the United States
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(2) This section does not in any way limit or interfere with the right of any employee to accept from any person, as an evidence or acknowledgment of indebtedness for wages due the employee, a negotiable instrument, payable at some future date with interest. (3) An employer may p…
ORS 652.120 Establishing regular payday; pay intervals; agreement to pay wages at future date. (1) Every employer shall establish and maintain a regular payday, at which date the employer shall pay all employees the wages due and owing to them
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(2) Payday may not extend beyond a period of 35 days from the time that the employees entered upon their work, or from the date of the last regular payday. (3) This section does not prevent the employer from establishing and maintaining paydays at more frequent intervals. (4) Thi…
ORS 652.125 Bond required when failure to make timely wage payment occurs; court to enjoin business of employer failing to provide bond. (1) If, upon complaint by an employee, and after investigation, it appears to the Commissioner of the Bureau of Labor and Industries that an employer is failing to pay wages within five days of a payday scheduled by the employer, the commissioner may require the employer to give a bond in such amount as the commissioner determines necessary, with sufficient surety, to assure timely payment of wages due employees for such future period as the commissioner considers appropriate. In lieu of a bond, the commissioner may accept a letter of credit from an issuer approved by the commissioner, upon such terms and conditions and for such amount as the commissioner determines necessary to assure timely payment of wages for such future period as the commissioner determines appropriate
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(2) If, within 10 days after demand for such bond, the employer fails to provide the same, the commissioner may commence court action against the employer in the circuit court of appropriate jurisdiction to compel the employer to furnish such bond or cease doing business until th…
ORS 652.130 Payment of wages due persons employed on piece work scale or quantity basis in forest product industries; furnishing statement of scale or quantity produced. Every person engaged in the business of logging or obtaining or securing sawlogs, poles, spars, piles, cordwood, posts or other timber or forest products, or engaged in the business of manufacturing sawlogs or other timber into lumber, and employing one or more employees on a piece work scale or quantity wage basis, shall furnish such employees at least once monthly, a statement of scale or quantity produced by them to their credit, and shall pay all wages or amounts so earned and due and payable under the law regulating paydays
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[Repealed or reserved.]
ORS 652.140 Payment of wages on termination of employment; exception for collective bargaining. (1) When an employer discharges an employee or when employment is terminated by mutual agreement, all wages earned and unpaid at the time of the discharge or termination become due and payable not later than the end of the first business day after the discharge or termination
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(2)(a) When an employee who does not have a contract for a definite period quits employment, all wages earned and unpaid at the time of quitting become due and payable immediately if the employee has given to the employer not less than 48 hours’ notice, excluding Saturdays, Sunda…
ORS 652.145 Payment of wages for seasonal farmworkers. (1) Notwithstanding ORS 652.140, if an employee has worked for an employer as a seasonal farmworker, whenever the employment terminates, all wages earned and unpaid become due and payable immediately except
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(a) Wages are due and payable by noon on the day after termination of the employment of the seasonal farmworker if: (A) The termination occurs at the end of the harvest season; (B) The employer is a farmworker camp operator described in ORS 658.715 (1)(b) or (c); and (C) The farm…
ORS 652.150 Penalty wage for failure to pay wages on termination of employment. (1) Except as provided in subsections (2) and (3) of this section, if an employer willfully fails to pay any wages or compensation of any employee whose employment ceases, as provided in ORS 652.140 and 652.145, then, as a penalty for the nonpayment, the wages or compensation of the employee shall continue from the due date thereof at the same hourly rate for eight hours per day until paid or until action therefor is commenced. However
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(a) In no case shall the penalty wages or compensation continue for more than 30 days from the due date; and (b) A penalty may not be assessed under this section when an employer pays an employee the wages the employer estimates are due and payable under ORS 652.140 (2)(c) and th…
ORS 652.160 Payment in case of dispute over wages. In case of dispute over wages, the employer must pay, without condition, and within the time set by ORS 652.140, all wages conceded by the employer to be due, leaving the employee all remedies the employee might otherwise have or be entitled to as to any balance the employee might claim
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[Repealed or reserved.]
ORS 652.165 Rules for wage collection and payment. In accordance with any applicable provision of ORS chapter 183, the Commissioner of the Bureau of Labor and Industries may adopt rules to carry out the provisions of ORS 652.140 to 652.160. [1995 c.501 §3]
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[Repealed or reserved.]
ORS 652.170 Payment of wages in case of strikes. When any number of employees enter upon a strike, the wages due such striking employees at the time of entering upon such strike shall not become due and payable until the next regular payday after the commencement of such strike, if the time between the commencement of the strike and the next regular payday does not exceed a period of 30 days. If the intervening time does exceed the period of 30 days, then the wages shall be due and payable 30 days after the commencement of the strike
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[Repealed or reserved.]
ORS 652.180 [Repealed by 1953 c.515 §2]
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[Repealed or reserved.]
ORS 652.190 Payment of wages to surviving spouse or dependent children. All wages earned by an employee, not exceeding $10,000, shall, upon the employee’s death, become due and payable to the employee’s surviving spouse, or if there is no surviving spouse, the dependent children, or their guardians or the conservators of their estates, in equal shares, to the same extent as if the wages had been earned by such surviving spouse or dependent children. As used in this section, “wages” means compensation of employees based on time worked or output of production and includes every form of remuneration payable for a given period to an individual for personal services. [Amended by 1971 c.448 §1; 1981 c.594 §1; 1997 c.52 §1]
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[Repealed or reserved.]
ORS 652.195 Liability for dishonored check for payment of wages; penalties. (1) An employer that issues to an employee a dishonored check for payment of wages due is liable to the employee for the remedies provided in ORS 30.701
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(2) Except as provided in subsection (3) of this section, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty in an amount equal to the statutory damages provided by ORS 30.701 against an employer that issues a dishonored check to an employee for pay…
ORS 652.197 Joint and several liability for unpaid wages owed to unrepresented employees performing labor under a construction contract. (1) As used in this section and ORS 652.198
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(a) “Authorized third party representative” means a third party that is authorized by an unrepresented employee to assert the rights of the unrepresented employee. (b) “Construction contract” means an express or implied agreement: (A) For the construction, reconstruction, alterat…
ORS 652.198 Subcontractor recordkeeping requirements related to employee wages on construction projects; retainage permitted for noncompliance. (1) Any subcontractor with which a direct contractor has entered into a contract to perform a portion of a construction project within the scope of a construction contract between the direct contractor and an owner shall provide the following records to the direct contractor and the owner, upon the request, respectively, of the direct contractor or the owner
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(a) Certified payroll reports, that, at a minimum, include sufficient information for the direct contractor to determine whether a subcontractor has paid in full all wages earned by unrepresented employees who performed work on the project as part of the employees’ total compensa…
ORS 652.200 Attorney fee in action for wages. (1) In any action for the collection of any order, check, memorandum or other instrument of indebtedness referred to in ORS 652.110, if it is shown that the order, check, memorandum or other instrument of indebtedness was not paid for a period of 48 hours, excluding Saturdays, Sundays and holidays, after presentation and demand for the payment thereof, the court shall, upon entering judgment for the plaintiff, include in the judgment, in addition to the costs and disbursements otherwise prescribed by statute, a reasonable sum for attorney fees at trial and on appeal for prosecuting the action, unless it appears that the employee has willfully violated the contract of employment
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(2) In any action for the collection of wages, if it is shown that the wages were not paid for a period of 48 hours, excluding Saturdays, Sundays and holidays, after the wages became due and payable, the court shall, upon entering judgment for the plaintiff, include in the judgme…
ORS 652.210 Definitions for ORS 652.210 to 652.235. As used in ORS 652.210 to 652.235, unless the context requires otherwise
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(1)(a) “Compensation” includes wages, salary, bonuses, benefits, fringe benefits and equity-based compensation. (b) “Compensation” does not include vaccine incentives. (2) “Employee” means any individual who, otherwise than as a copartner of the employer, as an independent contra…
ORS 652.220 Prohibition of discriminatory wage rates based on protected class; exceptions; employer not to discriminate against employee who is complainant. (1) It is an unlawful employment practice under ORS chapter 659A for an employer to
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(a) In any manner discriminate between employees on the basis of a protected class in the payment of wages or other compensation for work of comparable character. (b) Pay wages or other compensation to any employee at a rate greater than that at which the employer pays wages or o…
ORS 652.230 Employee right of action against employer for unpaid wages and damages; statute of limitations; notice requirement. (1) Any employee whose compensation is at a rate that is in violation of ORS 652.220 shall have a right of action against the employer for the recovery of
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(a) The amount of the unpaid wages to which the employee is entitled for the one year period preceding the commencement of the action; and (b) An additional amount as liquidated damages equal to the amount referred to in paragraph (a) of this subsection. (2) The court shall award…
ORS 652.235 Motion to disallow award of compensatory and punitive damages; equal-pay analysis of employer’s pay practices; remedies. (1) In a civil action under ORS 652.230 or 659A.885 (1) alleging a violation of ORS 652.220, the employer may file a motion to disallow an award of compensatory and punitive damages. The court shall grant the motion if the employer demonstrates, by a preponderance of the evidence, that the employer
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(a) Completed, within three years before the date that the employee filed the action, an equal-pay analysis of the employer’s pay practices in good faith that: (A) Was reasonable in detail and in scope in light of the size of the employer; and (B) Included a review of practices d…
ORS 652.240 Paying wage lower than that required by statute or contract prohibited. Where any statute or contract requires an employer to maintain the designated wage scale, it shall be unlawful to secretly pay a lower wage while purporting to pay the wage designated by statute or by contract. [1957 c.243 §1]
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[Repealed or reserved.]
ORS 652.250 Public employee’s wages as affected by absence to engage in search or rescue operation. A public employee who takes part without pay in a search or rescue operation at the request of any law enforcement agency, the Department of Transportation, the United States Forest Service or any local organization for civil defense, shall not forfeit wages while engaged in an operation for a period of not more than five days for each operation. If an operation continues for more than five days, the employing agency may allow the employee to continue to take part in the operation and to receive wages for as long as the employing agency considers proper. [1959 c.46 §1]
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[Repealed or reserved.]
ORS 652.260 Payment to home health care staff and home hospice care staff providing home health or hospice services; rules. (1) As used in this section
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(a) “Home health care staff” means individuals who provide home health services. “Home health care staff” does not include: (A) Home care workers, as defined in ORS 410.600; (B) Direct caregivers employed by an in-home care agency as defined in ORS 443.305; (C) Physicians; (D) Nu…
ORS 652.310 Definitions of employer and employee. As used in ORS 652.310 to 652.414, unless the context requires otherwise
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(1) “Employer” means any person who in this state, directly or through an agent, engages personal services of one or more employees and includes any successor to the business of any employer, or any lessee or purchaser of any employer’s business property for the continuance of th…
ORS 652.320 Definitions for ORS 652.310 to 652.414. As used in ORS 652.310 to 652.414, unless the context requires otherwise
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(1) “Commissioner” means the Commissioner of the Bureau of Labor and Industries. (2) “Court” means a court of competent jurisdiction and proper venue to entertain a proceeding referred to in ORS 652.310 to 652.414. (3) “Demand” means a written demand for payment made during busin…
ORS 652.325 [1975 c.488 §4; 1991 c.331 §94; repealed by 1999 c.69 §1]
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[Repealed or reserved.]
ORS 652.330 Powers and duties of commissioner in enforcing wage claims; parties to wage claim action. (1) The Commissioner of the Bureau of Labor and Industries shall enforce ORS 652.310 to 652.414 and to that end may
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(a) Investigate and attempt equitably to adjust controversies between employers and employees in respect of wage claims or alleged wage claims. (b) Take assignments, in trust, of wage claims or judgments thereon, liens and other instruments of security for payment of wages from t…
ORS 652.332 Administrative proceeding for wage claim collection; court enforcement and review; rules. (1) In any case when the Commissioner of the Bureau of Labor and Industries has received a wage claim complaint which the commissioner could seek to collect through court action, the commissioner may instead elect to seek collection of such claim through administrative proceedings in the manner provided in this section, subject to the employer’s right to request a trial in a court of law. The commissioner may join in a single administrative proceeding any number of wage claims against the same employer. Upon making such election, the commissioner shall serve upon the employer and the wage claimant an order of determination directing the employer to pay to the commissioner the amount of the wage claim and any penalty amounts under ORS 279C.855 (1), 652.150 and 653.055 (1) determined to be owed the wage claimant. Service shall be made in the same manner as service of summons or by certified mail, return receipt requested. The order of determination shall include
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(a) A reference to the particular sections of the statutes or rules involved; (b) A short and concise statement of the basis for the amounts determined to be owed to each wage claimant; (c) A statement of the party’s right to request a contested case hearing and to be represented…
ORS 652.333 Wage claims against licensed construction contractors and businesses; notice requirements. (1)(a) If the Commissioner of the Bureau of Labor and Industries receives a valid wage claim filed against a contractor or a business subject to licensing under ORS chapter 701 for unpaid wages, the commissioner shall notify the Construction Contractors Board and the contractor or the business of the claim within 30 days of the commissioner’s receipt of the claim
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(b) If wages are found due and the contractor or business fails to pay the unpaid wages upon demand, the commissioner shall serve upon the contractor or business an order of determination as prescribed under ORS 652.332. (2)(a) If an order issued under ORS 652.332 for the payment…
ORS 652.335 Liability of liquor dispenser licensee for wage claims of certain individuals. (1) A person operating a commercial establishment where food is cooked and served who holds a full on-premises sales license issued under ORS 471.175 is liable for all valid wage claims of individuals employed in the kitchen facilities and dining space of such establishment who are not employed by such person, if the wage claims cannot be enforced against the employer of such individuals. The Commissioner of the Bureau of Labor and Industries may in such a case proceed under ORS 652.310 to 652.414 against the person operating the establishment as if that person had employed the individuals assigning the wage claims
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(2) This section does not impose any liability not otherwise imposed by law for compensation for the performance of an individual’s personal services in excess of a period of 60 days, nor does it subject the person operating an establishment described in this section to criminal …
ORS 652.340 Requiring bond of employer. (1) If upon investigation by the Commissioner of the Bureau of Labor and Industries, after taking assignments of any wage claims under ORS 652.330, it appears to the commissioner that the employer is representing to employees that the employer is able to pay wages for their services and that the employees are not being paid for their services, the commissioner may require the employer to give a bond in such sum as the commissioner deems reasonable and adequate in the circumstances, with sufficient surety, conditioned that the employer will for a definite future period not exceeding six months conduct business and pay employees in accordance with the laws of Oregon
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(2) If within 10 days after demand for such bond the employer fails to provide the same, the commissioner may commence a suit against the employer in the circuit court of appropriate jurisdiction to compel the employer to furnish such bond or cease doing business until the employ…
ORS 652.350 [Repealed by 1979 c.695 §7]
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[Repealed or reserved.]
ORS 652.355 Prohibition of discrimination because of wage claim or refusal to work additional hours; remedy. (1) An employer may not discharge or in any other manner discriminate against an employee because
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(a) The employee has made a wage claim or discussed, inquired about or consulted an attorney or agency about a wage claim; (b) The employee has caused to be instituted any proceedings under or related to ORS 652.310 to 652.414; (c) The employee has testified or is about to testif…
ORS 652.360 Contract exempting employer from liability or penalty not valid; exceptions. (1) An employer may not by special contract or any other means exempt the employer from any provision of or liability or penalty imposed by ORS 652.310 to 652.414 or any statute relating to the payment of wages, except insofar as the Commissioner of the Bureau of Labor and Industries in writing approves a special contract or other arrangement between the employer and one or more of the employer’s employees. The commissioner may not give approval unless the commissioner finds that such contract or arrangement will not prejudicially affect the interest of the public or of the employees involved, and the commissioner may at any time retract such approval, first giving the employer not less than 30 days’ notice in writing
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(2) A settlement between an employer and an employee of a known and identified claim arising under ORS 652.310 to 652.414 or any statute relating to the payment of wages does not require the commissioner’s approval if the settlement does not provide for the employee to relinquish…
ORS 652.370 Jurisdiction of courts; proceedings in name of state. (1) Justice courts shall have concurrent jurisdiction with circuit courts over all cases mentioned in ORS 652.330 or 652.340
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(2) The Commissioner of the Bureau of Labor and Industries shall prosecute all legal proceedings on the commissioner’s own official relation, but in the name of the State of Oregon.
ORS 652.380 Remedies cumulative; effect of payment or tender by employer after proceeding commenced. (1) The remedies provided by ORS 652.310 to 652.414 shall be additional to and not in substitution for and in no manner impair other remedies and may be enforced simultaneously or consecutively so far as not inconsistent with each other
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(2) No payment or tender after the filing of a criminal complaint or commencement of any proceeding by the Commissioner of the Bureau of Labor and Industries shall affect the liability therein of an employer for expenses, or prevent such employer from being subject to fine or for…
ORS 652.390 Deduction of costs from wage claims; collection fees; assignment of wage claims. (1) The Commissioner of the Bureau of Labor and Industries may deduct and retain any moneys collected on each wage claim as costs, attorney fees or commissioner’s penalties. The amount deducted shall be paid into the General Fund after deducting actual costs and disbursements incurred in the prosecution of the wage claim
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(2) The commissioner may charge a claimant or respondent on a wage claim for which the commissioner has obtained a judgment the actual collection fees charged to the Bureau of Labor and Industries by any other governmental agency assisting in the collection of the judgment. (3) T…
ORS 652.400 Deposit of moneys in Wage Collection Account; payment to persons entitled thereto. Subject to ORS 652.390, all moneys collected on civil judgments pursuant to ORS 652.330, or as a result of administrative proceedings pursuant to ORS 652.332, shall be paid to the Commissioner of the Bureau of Labor and Industries and, together with all other sums collected under ORS 652.310 to 652.414, be deposited in the State Treasury to become part of a special trust account to be known as the Wage Collection Account, which account is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the account shall be credited to the account. All moneys in the Wage Collection Account are appropriated continuously for the purpose of payment to the persons entitled thereto. [Amended by 1957 c.465 §8; 1979 c.695 §5; 1989 c.966 §65; 2011 c.597 §263]
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[Repealed or reserved.]
ORS 652.405 Disposition of wages collected by commissioner when payment cannot be made to person entitled thereto. (1) The Commissioner of the Bureau of Labor and Industries shall attempt for a period of not less than three years to make payment of wages collected under ORS 652.310 to 652.414 to the person entitled thereto
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(2) By July 30 of each year, the commissioner shall pay wages collected by the commissioner under ORS 652.310 to 652.414 and remaining unclaimed for a period of more than three years from the date of collection to the State Treasurer as unclaimed property under ORS 98.352 or, by …
ORS 652.409 Wage Security Fund; use. (1) The Wage Security Fund is established separate and distinct from the General Fund. After withholding the actual shared costs of the Employment Department under ORS 657.462 (5)(b), all amounts received by the department pursuant to ORS 657.462 (5)(a) shall be paid into the State Treasury and credited to the Wage Security Fund. All income earned on moneys in the Wage Security Fund invested by the State Treasurer shall accrue to the fund
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(2) All income earned on moneys in the Wage Security Fund, and all other moneys in the fund, are appropriated continuously to the Commissioner of the Bureau of Labor and Industries primarily to carry out the provisions of ORS 652.414. Moneys in the fund may also be used, within t…