61 sections in this chapter.
ORS 657B.420 Appeals of decisions under equivalent employer plan; rules. The Director of the Employment Department shall establish by rule a method to resolve disputes between employers and employees concerning coverage and benefits provided under a plan approved under ORS 657B.210 that may, as appropriate, employ the appeals process established under ORS 657B.410 to provide employers and employees an opportunity to obtain review of a determination by the director. [2019 c.700 §32; 2023 c.292 §10]
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Note: See note under 657B.410.
ORS 657B.425 Dismissal of request or application for hearing. (1) When a request for a hearing is made under this chapter, the Director of the Employment Department may dismiss the request or application for hearing if
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(a) The request for hearing is withdrawn by the requesting party; (b) The matter is resolved by reversal or amendment of the decision that is the subject of the hearing request; (c) The request for hearing is filed prior to the date of the written decision or written determinatio…
ORS 657B.430 Paid Family and Medical Leave Insurance Fund. (1) The Paid Family and Medical Leave Insurance Fund is established in the State Treasury, separate and distinct from the General Fund. The Paid Family and Medical Leave Insurance Fund is declared to be a trust fund
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(2) The fund consists of moneys deposited in the fund from contributions made under ORS 657B.150 and from penalties, fees, revenues and all other amounts deposited in or credited to the fund. Interest earned by the fund shall be credited to the fund. (3) Moneys in the fund are co…
ORS 657B.440 Employer required to provide notice advising employees of rights and duties. (1) An employer shall provide written notice to each employee of the duties and rights of an eligible employee under this chapter in accordance with rules adopted by the Director of the Employment Department. At a minimum, the notice must advise the employee of the following
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(a) The right of an eligible employee to claim and receive family and medical leave insurance benefits under this chapter; (b) The procedure for filing a claim for benefits under ORS 657B.090; (c) That an eligible employee must provide notice to an employer before the employee co…
ORS 657B.460 Construction of chapter. This chapter establishes minimum requirements pertaining to family leave, medical leave and safe leave and may not be construed to preempt, limit or otherwise diminish the applicability of any employer policy, standard or collective bargaining agreement that provides for greater use of family leave, medical leave or safe leave under state or federal law. [2019 c.700 §49a]
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Note: Section 49, chapter 700, Oregon Laws 2019, provides: Sec. 49. Reopening or renegotiation of collective bargaining agreement. Nothing in sections 1 to 51 of this 2019 Act [ORS chapter 657B] requires the reopening or renegotiation of a collective bargaining agreement entered …
ORS 657B.470 Preemption of local laws relating to paid family and medical leave. Except as provided in ORS 657B.210, ORS chapter 657B supersedes and preempts any rule, regulation, code or ordinance of any unit of a local government, as defined in ORS 174.116, relating to paid family and medical leave. [2019 c.700 §61]
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Note: 657B.470 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 657B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 657B.480 State agency assistance; intergovernmental agreements. The Director of the Employment Department may enter into intergovernmental agreements under ORS chapter 190 with the Department of Revenue, the Department of Consumer and Business Services, the Bureau of Labor and Industries and any other agency to provide outreach, technical assistance or compliance services related to this chapter on behalf of the director. [2019 c.700 §40]
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PENALTIES
ORS 657B.900 Criminal penalties. (1) In addition to any penalties otherwise prescribed under this chapter, violation of any provision of this chapter is a Class A misdemeanor
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(2) If an offending employer is a corporation, the president, secretary and the treasurer, or officers exercising corresponding functions, are subject to the penalties in this section in respect to any duties of which they respectively had knowledge or in the proper exercise of t…
ORS 657B.910 Penalty when employer fails to file contribution reports or pay contributions when due; notice of failure; waiver. (1) On or before June 30 of each year, the Director of the Employment Department shall send a written notice to each employer that has failed to file all reports as required by the director or to pay all contributions due under ORS 657B.150, warning the employer about the penalty provided in subsection (2) of this section
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(2) If, prior to September 1 of each year, an employer has failed to file all required reports and pay all contributions due in that year under ORS 657B.150, the employer shall pay a penalty equal to one percent of the wages of the employer’s employees in the preceding calendar y…
ORS 657B.920 Penalty when employer fails to file reports; amount of penalty; request for deletion of penalty. (1) If an employer fails to file a combined quarterly report of wages earned and contributions paid under ORS 657B.150 by the 10th day of the second month following the end of the calendar quarter, the Director of the Employment Department, for the first such failure, shall send to the employer at the employer’s last known address a written notice warning the employer that a subsequent failure to file a report could result in the imposition of a late filing penalty
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(2) If an employer, without good cause, fails to file a timely report within the three-year period immediately following a written warning sent pursuant to subsection (1) of this section, the employer may be assessed a late filing penalty in addition to other amounts due. (3) Exc…
ORS 657B.925 Penalties for employer violation of requirements applicable to employer-offered benefit plans. (1) If the Director of the Employment Department determines that an employer that offers benefits pursuant to a plan approved under ORS 657B.210 has at any time violated any requirements applicable to plans approved under ORS 657B.210, the director may assess the following penalties against the employer
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(a) $1,000 for the first violation. (b) $2,000 for the second and each subsequent violation. (2) The director may waive collection of a penalty assessed under subsection (1) of this section if the employer corrects the violation within 30 days of receiving a notice of the violati…