Chapter 658 — Chapter 658
127 sections in this chapter.
ORS 658.005 Definitions for ORS 658.005 to 658.245. As used in ORS 658.005 to 658.245, unless the context requires otherwise
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(1) “Applicant for employment” or “applicant” means an individual who is seeking or who has obtained employment through the services of an employment agency. (2) “Charge for services” means any money or other consideration paid or promised to be paid by an applicant for employmen…
ORS 658.008 Purpose. The purpose of ORS 658.005 to 658.245 is to protect the health, safety and general welfare of the people of Oregon in their dealings with employment agencies. To accomplish this purpose the Legislative Assembly intends
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(1) To provide a procedure for determining where employment agencies will be operated in this state. (2) To assure the public that persons operating employment agencies in this state are of good character and responsibility. (3) To assure the public that the practices and procedu…
ORS 658.010 [Repealed by 1953 c.694 §30]
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[Repealed or reserved.]
ORS 658.015 Exemptions from ORS 658.005 to 658.245. (1) ORS 658.005 to 658.245 do not apply to
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(a) Labor contractors subject to ORS 658.405 to 658.511; or (b) A temporary staffing agency as defined in ORS 676.695. (2) ORS 658.005 to 658.245 do not apply to any nonprofit organization or corporation organized for the purpose of economic adjustment, civic betterment and the g…
ORS 658.019 Rehabilitation services agency exemption. (1) ORS 658.005 to 658.245 do not apply to a rehabilitation services agency
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(2) As used in this section: (a) A “rehabilitation services agency” means an individual, partnership or corporation that: (A) Holds itself out to the public as such; (B) Is certified by the Department of Consumer and Business Services to perform rehabilitation services pursuant t…
ORS 658.020 [Repealed by 1953 c.694 §30]
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[Repealed or reserved.]
ORS 658.025 [1953 c.694 §2; 1961 c.380 §3; 1973 c.678 §3; 1981 c.318 §4; repealed by 1997 c.55 §1]
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[Repealed or reserved.]
ORS 658.030 [Repealed by 1953 c.694 §30]
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[Repealed or reserved.]
ORS 658.035 [1953 c.694 §3; 1961 c.380 §4; 1973 c.678 §4; 1981 c.318 §5; repealed by 1997 c.55 §1]
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[Repealed or reserved.]
ORS 658.040 [Repealed by 1953 c.694 §30]
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[Repealed or reserved.]
ORS 658.042 [1973 c.678 §5b; 1981 c.318 §6; repealed by 1997 c.55 §1]
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[Repealed or reserved.]
ORS 658.045 [1953 c.694 §4; 1961 c.380 §5; repealed by 1973 c.678 §20]
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[Repealed or reserved.]
ORS 658.050 [Repealed by 1953 c.694 §30]
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[Repealed or reserved.]
ORS 658.055 [1953 c.694 §5; 1961 c.380 §6; 1973 c.678 §5; 1981 c.318 §7; repealed by 1997 c.55 §1]
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[Repealed or reserved.]
ORS 658.060 [Repealed by 1953 c.694 §30]
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[Repealed or reserved.]
ORS 658.062 [1973 c.678 §10b; repealed by 1997 c.55 §1]
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[Repealed or reserved.]
ORS 658.065 Employment agency business not to be conducted in certain places. The business of an employment agency shall not be conducted or maintained in any of the following places
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(1) In rooms also used for living or sleeping quarters or in other rooms connected thereto by an entrance. (2) In places where boarders or lodgers are kept. (3) In places where meals are served. (4) In places where intoxicating liquors are sold or consumed. [1953 c.694 §6; 1961 c…
ORS 658.070 [Repealed by 1953 c.694 §30]
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[Repealed or reserved.]
ORS 658.075 Agency to file security. (1) Each employment agency shall maintain a corporate surety bond or irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 of $5,000, payable to the people of the State of Oregon, conditioned that the employment agency will comply with ORS 658.005 to 658.245 and will pay
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(a) All sums legally owing to any person when the employment agency or its agents have received such sums; (b) All damages occasioned to any person by reason of any willful misrepresentation, fraud, deceit or other unlawful act or omission by the employment agency, or its agents …
ORS 658.076 [1973 c.678 §10c; 1981 c.318 §10; 1991 c.331 §102; repealed by 1997 c.55 §1]
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[Repealed or reserved.]
ORS 658.078 Record keeping. (1) Each employment agency shall keep accurate and current records of all job orders, referrals, applications, advertisements and other records as determined by rule of the Commissioner of the Bureau of Labor and Industries to be reasonably necessary for the administration of ORS 658.005 to 658.245, and shall maintain those records separate from records of any other business conducted by the person, firm, organization, limited liability company or corporation operating the employment agency
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(2) Whenever a charge for services is to be collected or is attempted to be collected from an applicant for employment, the agency shall, in addition to those records required in subsection (1) of this section, keep accurate and current records of all contracts and receipts of mo…
ORS 658.080 [Repealed by 1953 c.694 §30]
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[Repealed or reserved.]
ORS 658.085 [1953 c.694 §8; 1957 c.465 §12; 1971 c.206 §1; 1973 c.678 §8; 1979 c.224 §1; 1981 c.318 §12; repealed by 1997 c.55 §1]
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[Repealed or reserved.]
ORS 658.090 [Repealed by 1953 c.694 §30]
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[Repealed or reserved.]
ORS 658.095 [1953 c.694 §9; 1961 c.380 §9; 1973 c.678 §9; 1985 c.394 §1; repealed by 1997 c.55 §1]
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[Repealed or reserved.]
ORS 658.100 [Repealed by 1953 c.694 §30]
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[Repealed or reserved.]
ORS 658.105 [1953 c.694 §10; 1961 c.380 §10; 1971 c.206 §2; 1973 c.678 §10; 1979 c.224 §2; 1981 c.318 §13; repealed by 1997 c.55 §1]
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[Repealed or reserved.]
ORS 658.110 [Repealed by 1953 c.694 §30]
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[Repealed or reserved.]
ORS 658.115 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 $2,000 against any person, firm, organization, limited liability company or corporation that has violated any provisions of ORS 658.005 to 658.245 or 658.250 or the rules adopted pursuant thereto
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(2) Civil penalties under this section shall be imposed as provided in ORS 183.745. (3) All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund and are available for general governmental expenses. [1961 c.380 §11; 1973 c.6…
ORS 658.120 [Repealed by 1953 c.694 §30]
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[Repealed or reserved.]
ORS 658.125 Judicial review. A person aggrieved by an order of the Commissioner of the Bureau of Labor and Industries may obtain judicial review thereof in accordance with ORS chapter 183. [1953 c.694 §12; 1961 c.380 §12; 1971 c.734 §101; 1981 c.318 §15; 1997 c.55 §8]
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[Repealed or reserved.]
ORS 658.130 [Repealed by 1953 c.694 §30]
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[Repealed or reserved.]
ORS 658.135 [1953 c.694 §13; 1981 c.318 §16; repealed by 1997 c.55 §1]
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[Repealed or reserved.]
ORS 658.140 [Repealed by 1953 c.694 §30]
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[Repealed or reserved.]
ORS 658.145 Schedule of charges. (1) Every employment agency shall publish a schedule of charges for service to be collected in the conduct of its business. In the schedule, the various employments shall be classified according to the method of computing the agency’s fee for services, and the maximum fee shall be fixed and shall include the charges for services of every kind rendered by the agency in each case or transaction on behalf of the prospective employer and a prospective employee
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(2) Changes in the schedule may be made by posting a copy of a revised schedule in a conspicuous place in the employment agency. However, no change shall become effective until seven days after being posted in the agency. [1953 c.694 §14; 1961 c.380 §13; 1973 c.678 §12; 1981 c.31…
ORS 658.150 [Repealed by 1953 c.694 §30]
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[Repealed or reserved.]
ORS 658.155 Posting and furnishing schedule of charges; charge in excess of schedule prohibited. (1) A copy of the schedule of charges for service in effect with the changes noted thereon shall be kept posted in the employment agency in a conspicuous place. The posted schedule and the changes therein shall be in lettering or printing of not less than 12-point type. The date of the taking effect of the schedule and of each change therein shall appear on the posted copies and kept posted in a conspicuous place in the offices of the employment agency
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(2) No charge for service to be collected shall be in excess of the schedule in the contract to procure employment between the agency and the applicant for employment. (3) An employment agency shall provide any person who requests a copy of its schedule of charges for services wi…
ORS 658.160 [Repealed by 1953 c.694 §30]
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[Repealed or reserved.]
ORS 658.165 Order necessary before referral or charge to be made; obtaining employment other than that ordered; disputes regarding fees. (1) No employment agency shall accept a charge for service from an individual seeking employment or refer an individual to an employer without having first obtained, orally or in writing, a bona fide order from an employer seeking help which is to be answered by the individual
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(2) If an employment agency sends an applicant for employment and the applicant, within 90 days after the date of referral, secures employment other than that position specified in the bona fide order from the employer to which the applicant was sent, but with the same employer, …
ORS 658.168 Contract requirements. (1) The contract between an employment agency and an applicant for whom such agency is to procure employment and from whom a charge for services is to be exacted or attempted to be collected shall be in writing. The agency shall give the applicant a copy of the contract
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(2) The contract between the employment agency and the applicant shall include: (a) The name, address and telephone number of the employment agency. (b) The name of the applicant. (c) The date and consecutive number of the contract. (d) A statement that the applicant is under no …
ORS 658.170 [Repealed by 1953 c.694 §30]
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[Repealed or reserved.]
ORS 658.172 Job referral requirements. (1) Any job referrals between an employment agency and an applicant for whom such agency is to procure employment and from whom a charge for services is to be exacted or attempted to be collected shall be in writing. The employment agency shall give the applicant a copy of the job referral document
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(2) The job referral document, which shall be assigned the same number as the receipt of the job order by the agency, shall include: (a) The name, address and telephone number of the employment agency. (b) The date of issuing the job referral document. (c) The name of the applica…
ORS 658.174 Contracts in violation of law prohibited. No employment agency shall knowingly issue a contract for employment containing any term or condition that, if complied with, would be in violation of law, or attempt to fill an order for help to be employed in violation of law. [1973 c.678 §7b]
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[Repealed or reserved.]
ORS 658.175 [Repealed by 1961 c.380 §16 (658.176 enacted in lieu of 658.175)]
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[Repealed or reserved.]
ORS 658.176 Fees and charges for services. No fee or charge may be required or accepted from an individual seeking employment prior to the time such individual obtains employment and actually starts work. However, the employment agency may specify the terms of payment in the contract, or, after the applicant accepts employment, but before starting work, enter into an agreement for the payment of the agency’s charge, providing payment is to commence only upon the condition and after the date the applicant starts work. [1961 c.380 §17 (enacted in lieu of 658.175); 1973 c.678 §16]
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[Repealed or reserved.]
ORS 658.180 [Repealed by 1953 c.694 §30]
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[Repealed or reserved.]
ORS 658.185 Limitation on charges; manner of calculating certain charges; credits and refunds. (1) As used in this section
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(a) “Permanent employment” means all employment that lasts 90 calendar days or more. (b) “Temporary employment” means employment that is contemplated at the time of referral by an employment agency to last less than 90 calendar days regardless of the reason for termination of the…
ORS 658.195 Giving false information or making false representations; advertisements. (1) No employment agency shall knowingly publish or cause to be published any false, fraudulent or misleading information, representation, notice or advertisement
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(2)(a) All advertisements of an employment agency by means of cards, circulars or signs, and in newspapers and other publications, and all letterheads, receipts and blanks shall contain the name and address of the office of the employment agency. (b) For the purposes of this subs…
ORS 658.197 [1973 c.678 §25; 1981 c.318 §24; repealed by 1997 c.55 §1]
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[Repealed or reserved.]
ORS 658.205 Prohibited agency employment activities. (1) No employment agency shall send or cause to be sent any person as an employee to any illegally operated business the character of which the agency could have ascertained upon reasonable inquiry
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(2) No employment agency shall knowingly permit any person of bad character to frequent, or be employed by, such agency. (3) No employment agency shall permit persons in its employment to use any names other than their legal names in the course of, and in respect to, their employ…