Chapter 652 — Chapter 652

ORS 652.410 [Repealed by 1977 c.618 §2]

0.0K chars

ORS 652.414 Procedure for payment from fund; lien against personal property of employer; penalties; rules. Notwithstanding any other provision of law

4.2K chars

ORS 652.420 Definitions for ORS 652.420 to 652.445. (1) As used in ORS 652.420 to 652.445

0.6K chars

ORS 652.425 Authority of commissioner to enter into agreements with other states for reciprocal enforcement of wage claims. The Commissioner of the Bureau of Labor and Industries may enter into agreements with the corresponding labor bureau of another state for the reciprocal enforcement and collection of wage claims, if the other state has a reciprocal statute similar to ORS 652.420 to 652.445 or otherwise authorizes the reciprocal enforcement and collection of wage claims in a manner substantially similar to ORS 652.420 to 652.445. [1953 c.256 §2]

0.0K chars

ORS 652.430 Assigning wage claim to labor bureau of another state. Whenever a wage claim is assigned to the Commissioner of the Bureau of Labor and Industries in trust pursuant to ORS 652.330 and the employer or former employer upon whom demand for payment is made by an employee in this state has removed to another state, the commissioner may reassign the wage claim, with the approval of the employee, to the labor bureau of the other state, if there is in effect at the time a valid reciprocal agreement under ORS 652.425 between the commissioner and the other state. [1953 c.256 §3]

0.0K chars

ORS 652.435 Accepting assignments of wage claims from labor bureau of another state. Whenever a labor bureau in another state, which has entered into a reciprocal agreement under ORS 652.425 with the Commissioner of the Bureau of Labor and Industries and the agreement is in effect at the time, takes an assignment of a wage claim from an employee residing in the other state for services rendered in the other state to an employer or former employer who has removed to Oregon, the Commissioner of the Bureau of Labor and Industries may take an assignment of the wage claim from such labor bureau and enforce the collection thereof as provided in the applicable provisions of ORS 652.310 to 652.414. [1953 c.256 §4; 2003 c.14 §395]

0.0K chars

ORS 652.440 Retention by commissioner or labor bureau of percentage of funds collected. Any agreement concluded by the Commissioner of the Bureau of Labor and Industries shall make provision for the transfer of funds collected pursuant to ORS 652.420 to 652.445 and for retention by the commissioner or the labor bureau in the other state of percentile amounts from the sums collected to defray the administrative costs of ORS 652.420 to 652.445. Amounts authorized pursuant to this section to be used to defray the administrative costs of ORS 652.420 to 652.445 shall be credited to the Bureau of Labor and Industries Account and shall be used only for the administration of ORS 652.420 to 652.445. [1953 c.256 §5; 1957 c.465 §9]

0.0K chars

ORS 652.445 Deposit of moneys in Wage Collection Account. Except as provided in ORS 652.440, all moneys collected pursuant to ORS 652.420 to 652.445, including costs, shall be paid to the Commissioner of the Bureau of Labor and Industries and be deposited in the State Treasury in the Wage Collection Account established by ORS 652.400. [1953 c.256 §6; 1957 c.465 §10; 2011 c.597 §264]

0.0K chars

ORS 652.500 Receiver to pay accrued wages; payment of employees; receiver’s certificates. Whenever the business or property of any person, company or corporation in this state shall be placed by any court in this state in the hands of a receiver, whether upon foreclosure or creditor’s bill, the receiver shall report immediately to the court appointing the receiver the amount due by the person, company or corporation, at the date of the receiver’s appointment, to employees and laborers of the person, company or corporation. The court shall order the receiver to pay out of the first receipts and earnings of such person, company or corporation, after paying current operating expenses under the administration of the receiver, the wages of all employees and laborers that had accrued within six months prior to the appointment of the receiver. The court also shall order the receiver to pay the wages of all employees and laborers employed by the receiver, at least once every 30 days, out of the first receipts and earnings of the person, company or corporation while under the management of the receiver. However, should the receiver not take in sufficient money from receipts and earnings to pay the employees and laborers at least once every 30 days, the receiver shall issue and deliver to each of the employees and laborers, upon demand, a receiver’s certificate, showing the amount due the employee or laborer in money, which certificate will draw interest at the rate of eight percent per annum from the date of issuance until paid. The receiver shall thereafter pay such certificates, in the order of their issuance, out of the first money coming into the receiver’s hands from the receipts and earnings of the properties under the charge of the receiver. [Formerly 31.050; 2003 c.14 §396]

0.2K chars

ORS 652.510 Payment of wage claims by receivers, assignees or court; filing statement of wages due. (1) When the property of any company, cooperative association, corporation, firm or person is seized upon by any process of any court of this state, or when the business or property is placed in the hands of a receiver, or whenever any assignment for the benefit of creditors under the laws of this state is made, then in all such cases the debts owing to laborers or employees, which have accrued by reason of their labor or employment to an amount not exceeding $2,000 to each employee for work or labor performed within 90 days next preceding the seizure or transfer or assignment of such property, or appointment of said receiver shall be considered and treated as preferred debts, and such laborers or employees shall be preferred creditors, and shall first be paid in full, and if there is not sufficient to pay them in full, their claims shall be paid pro rata, after paying costs

0.7K chars

ORS 652.515 Effect of Oregon Receivership Code. If applicable under ORS 37.040, the Oregon Receivership Code controls over conflicting provisions of ORS 652.510 to 652.570. [2017 c.358 §55]

0.0K chars

ORS 652.520 Form of statement of wage claim. The statement to be presented under ORS 652.510 shall be substantially in the following form

1.6K chars

ORS 652.530 Serving copy of statement; report to court; order of payment. (1) The person claiming the benefit of ORS 652.510 to 652.570 shall serve upon the debtor, or upon the officer, assignee or receiver for the debtor where personal service cannot be had, a copy of the verified claim. Thereafter the person receiving such statement shall report the amount of such claim to the court having jurisdiction of such officer, receiver or assignee, together with a statement of all costs occasioned by the seizure of said property or of such receivership or assignment

0.4K chars

ORS 652.540 Exception to claim; legal action on claim. (1) Any person interested may contest all or any part of a claim mentioned in ORS 652.530, by filing in said court exceptions thereto, supported by affidavit, within 10 days from the filing of the report provided in ORS 652.530. Thereupon the claimant shall be required to establish the claim, by judgment in such court, before any part thereof shall be paid

0.5K chars

ORS 652.550 Payment of claims prerequisite to discharge of attachment or execution, assignee or receiver, or to abandonment of seizure or sale. No attachment or execution shall be discharged nor shall the seizure or sale of property seized be abandoned, or assignee or receiver discharged, until every claimant presenting a claim under ORS 652.510 to 652.570 has been paid in full, or pro rata, as provided in ORS 652.510, or has consented to such discharge or abandonment

0.0K chars

ORS 652.560 Costs and attorney fees. Whenever any claim has been excepted to under ORS 652.540 and the claim is established by judgment and the court rendering the judgment is satisfied that the exceptions were made without probable cause or that the person so excepting could have ascertained with reasonable diligence that such claim was true and just, the claimant in such action shall be entitled to have the costs of such action, and such sum as the court may adjudge reasonable as attorney fees at trial and on appeal, enforced by execution against the person objecting as a judgment debtor in the first instance. However, if the court does not so find, or if execution, when issued, is returned nulla bona, then in either case such costs and attorney fees shall be ordered paid out of the proceeds of the property sold next after the payment of all claims presented under ORS 652.510 to 652.570. [Amended by 1981 c.897 §89]

0.0K chars

ORS 652.570 Priority of wage claims over transfers in payment of preexisting obligations; payment and subrogation of transferee. (1) Every sale or transfer of any property in payment of any preexisting debt, or obligation, and every mortgage or lien created or executed to secure the payment of a preexisting debt, shall be void as against laborers or employees of such vendor, mortgagor, or other lien debtor, to the extent of their claims for wages, in the amount of $2,000, or 30 days of wages, whichever amount is the greater, to each of said laborers which may be owing for work or labor performed within 90 days next preceding such sale and transfer or the execution of such lien or mortgage, if the laborer or employee claiming the benefit of this section

1.2K chars

ORS 652.580 [Repealed by 1981 c.898 §53]

0.1K chars

ORS 652.610 Itemized statement of amounts and purposes of deductions; timely payment to recipient of amounts deducted; employer duty to provide written explanation of earnings and deductions. (1)(a) All persons, firms, partnerships, associations, cooperative associations, corporations, municipal corporations, the state and its political subdivisions, except the federal government and its agencies, employing, in this state, during any calendar month one or more persons, shall provide the employee on regular paydays and at other times payment of wages, salary or commission is made, with an itemized statement as described in paragraph (b) of this subsection

7.4K chars

ORS 652.615 Remedy for violation of ORS 652.610. There is hereby created a private cause of action for a violation of ORS 652.610 (3) for actual damages or $200, whichever is greater. In any such action the court may award to the prevailing party, in addition to costs and disbursements, reasonable attorney fees. [1981 c.594 §7]

0.0K chars

ORS 652.620 Statement of yearly compensation on request of employee. All persons, firms, partnerships, associations, cooperative associations, corporations, municipal corporations, the state and its political subdivisions thereof, except the federal government and its agencies employing, in this state, five or more persons, during any calendar month, upon the request of any employee or former employee, and upon five days’ notice to said employer shall give to such employee, not later than March 10 of each year, a statement showing the total compensation paid by such employer to such employee, or former employee, during the previous calendar year

0.0K chars

ORS 652.625 Deductions for erroneous overpayment of wages to public employees; written statements required. (1) As used in this section, “public employee” and “public employer” have the meanings given those terms under ORS 243.650

1.5K chars

ORS 652.630 Definitions for ORS 652.630 to 652.640. As used in ORS 652.630 to 652.640, unless the context requires otherwise

0.6K chars

ORS 652.635 Producers to post certain terms of employment. Every producer, or agent of the producer, who employs a labor contractor to provide a working crew for harvesting perishable agricultural products or who offers a bonus to those persons who harvest perishable agricultural products shall cause to be conspicuously posted and maintained on the premises where the agricultural products are to be harvested a notice that states

0.3K chars

ORS 652.640 Itemized statement of compensation and deductions required. Each time a person who harvests perishable agricultural products receives compensation payments at a regular pay period or upon termination of employment, the producer, or agent of the producer, or, if the person is an employee of a labor contractor, the labor contractor shall furnish to such person a written statement itemizing the total payment and each deduction therefrom. [1969 c.572 §3]

0.1K chars

ORS 652.710 Fees collected by employer for medical care contracts are trust funds; priority on liquidation; civil penalty; rules. (1) All moneys collected by an employer from employees or retained from their wages for the purpose of providing for or furnishing to such employees medical and surgical attention, hospital care, X-rays, ambulance, nursing or any related service or care contingent upon sickness or injury pursuant to a contract are trust funds and shall be placed and kept in separate accounts by the employer and shall promptly be paid over to the contractor. Such funds shall in no event become a part of the assets of the employer

2.4K chars

ORS 652.720 Prohibited use by employer of fees for medical care contracts withheld from employee wages. (1) No employer shall retain, directly or indirectly, from employees or from their wages any part of the money collected or retained under ORS 652.710 for use or benefit of the employer

0.3K chars

ORS 652.750 Inspection of records by employee; furnishing copy to employee; disposition of record on termination of employment; charge for copies; public safety officer records. (1) As used in this section

4.4K chars

ORS 652.752 Federal inspections of employee verification records; employer to provide employees with advance notice of inspection. (1) As used in this section and ORS 652.753, “employee” and “employer” have the meanings given those terms in ORS 652.210

1.6K chars

ORS 652.753 Commissioner of Bureau of Labor and Industries to generate notice template for employers. The Commissioner of the Bureau of Labor and Industries shall generate and make available on the Bureau of Labor and Industries website a template for a notice that employers may use to comply with the requirements of ORS 652.752. The commissioner shall make the template available in English and in each of the five most widely used non-English languages in this state. The commissioner shall update the languages for which the templates are available every five years. [2019 c.260 §2]

0.1K chars

ORS 652.755 Rules regarding notice to employees about state and federal earned income tax credits. (1) As used in this section, “employer” has the meaning given that term in ORS 652.210

1.1K chars

ORS 652.900 Civil penalties. (1) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed

0.9K chars

ORS 652.990 Criminal penalties. (1) Violation of ORS 652.020 (5)(b) or (d) is a Class A violation. Every day’s violation is deemed a separate offense

1.1K chars