Chapter 658 — Chapter 658
127 sections in this chapter.
ORS 658.210 Rules. The Commissioner of the Bureau of Labor and Industries may adopt rules reasonably necessary for the administration of ORS 658.005 to 658.245. [1973 c.138 §3; 1981 c.318 §26]
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Note: 658.210 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 658 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 658.215 [1953 c.694 §21; 1961 c.380 §22; repealed by 1973 c.678 §20 and by 1973 c.827 §83]
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[Repealed or reserved.]
ORS 658.220 Injunctive relief for violation; authority of commissioner. (1) When it appears to the Commissioner of the Bureau of Labor and Industries that any person is engaged or about to engage in an act or practice that constitutes a violation of ORS 658.005 to 658.245 or the rules adopted pursuant thereto, the commissioner may, without bond, obtain an order from an appropriate circuit court enjoining any such act or practice. The court may award reasonable attorney fees to the commissioner if the commissioner prevails in an action under this subsection. The court may award reasonable attorney fees to a defendant who prevails in an action under this subsection if the court determines that the commissioner had no objectively reasonable basis for asserting the claim or no reasonable basis for appealing an adverse decision of the trial court
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(2) In the manner described in ORS 651.060, the commissioner may conduct investigations, issue subpoenas and subpoenas duces tecum, administer oaths, obtain evidence and take testimony in all matters relating to the duties required under ORS 658.005 to 658.245. [1973 c.678 §26; 1…
ORS 658.225 [1953 c.694 §22; 1961 c.380 §23; repealed by 1973 c.678 §20]
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[Repealed or reserved.]
ORS 658.230 [1973 c.678 §22; 1981 c.318 §28; repealed by 1993 c.742 §2]
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[Repealed or reserved.]
ORS 658.235 [1953 c.694 §23; 1961 c.380 §24; repealed by 1973 c.678 §20]
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[Repealed or reserved.]
ORS 658.245 Actions upon agency bonds or letters of credit. Actions against any employment agency may be brought in the name of the person damaged upon one or more of the bonds or letters of credit maintained by the employment agency pursuant to ORS 658.075 and may be transferred and assigned as other claims for damages. The amount of damages claimed by the plaintiff determines the jurisdiction of the court in which action is to be brought. [1953 c.694 §24; 1961 c.380 §25; 1997 c.55 §15]
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[Repealed or reserved.]
ORS 658.250 Employment listing service; rules. (1) As used in this section, “employment listing service” means a business operated by a person that
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(a) Provides lists of specified positions of employment available with an employer other than the employment listing service or that holds itself out to individuals as able to provide information about specific positions of employment with an employer other than the employment li…
ORS 658.405 Definitions for ORS 658.405 to 658.511. As used in ORS 658.405 to 658.511 and 658.991 (2) and (3), unless the context requires otherwise
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(1) “Agricultural association” means a nonprofit or cooperative association of farmers, growers or ranchers that is incorporated under applicable state law and that acts as a farm labor contractor solely on behalf of members of the association. (2)(a) “Construction labor contract…
ORS 658.407 Administration and enforcement of ORS 658.405 to 658.511; rules. The Commissioner of the Bureau of Labor and Industries shall administer and enforce ORS 658.405 to 658.511, and in so doing shall
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(1) Investigate and attempt to adjust equitably controversies between labor contractors and their workers with respect to claims arising under ORS 658.415 (3) or 658.419. (2) Take appropriate action to establish the liability or lack thereof of the labor contractor for wages of t…
ORS 658.410 Labor contractor license requirement; issuance; rules. (1) Except as provided by ORS 658.425 and subsection (3) of this section, a person may not act as a labor contractor without a valid license in the person’s possession issued to the person by the Commissioner of the Bureau of Labor and Industries. Except as provided in subsection (3) of this section, a person may not act as a farm labor contractor with regard to the forestation or reforestation of lands unless the person possesses a valid farm labor contractor’s license with the indorsement required by ORS 658.417 (1). The Bureau of Labor and Industries shall make rules for the issuance of duplicate licenses in the event of the loss or destruction of original licenses
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(2) Labor contractor licenses may be issued by the commissioner only as follows: (a) To a natural person operating as a sole proprietor under the person’s own name or under an assumed business name registered with the Office of Secretary of State. (b) To two or more natural perso…
ORS 658.411 Licensing subject to employee indorsement; terms and conditions. (1) An employee of a labor contractor who is licensed under ORS 658.405 to 658.511 may be licensed as a labor contractor subject to an employee indorsement if the employee continuously meets all of the following conditions
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(a) The employee’s employer has filed with the Commissioner of the Bureau of Labor and Industries a signed statement, in a form required by the commissioner, agreeing to sponsor the application and to notify the commissioner promptly upon termination of the employment of the empl…
ORS 658.412 License examination; rules. (1) The Commissioner of the Bureau of Labor and Industries may not issue a license to operate as a labor contractor until an applicant for a license has successfully passed a qualifying examination designed to test the applicant’s ability, knowledge and proficiency to conduct and manage the business of a labor contractor. The examination must also test the applicant’s knowledge of an employer’s responsibility to prevent sexual assault and sexual harassment. The commissioner shall prescribe by rule the requirements for and the manner of testing the competency of license applicants
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(2) In prescribing requirements for testing applicants for a property services contractor license, the commissioner may establish a process to administer the examination in-person, through an online electronic medium or in any other manner as the commissioner may specify. [1989 c…
ORS 658.413 Fee schedule for licenses, indorsements and renewals; rules. (1) The Commissioner of the Bureau of Labor and Industries shall establish by rule a fee schedule for issuing and renewing licenses and indorsements under ORS 658.405 to 658.511 and 658.705 to 658.850. The fees shall be in amounts reasonably necessary to provide sufficient funds to administer ORS 658.405 to 658.511 and 658.705 to 658.850. Annual fees may not exceed the following amounts
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(a) $150 for a farm labor contractor license. (b) $150 for a farm labor contractor license with employee indorsement. (c) $350 for a farm labor contractor license with forestation or reforestation indorsement. (d) $350 for a farm labor contractor license with forestation or refor…
ORS 658.415 Application for license; proof of insurance and financial responsibility; exceptions; proceedings to collect wages owed by labor contractor; commissioner as agent for service of process; rules. (1) A person may not act as a labor contractor unless the person has first been licensed by the Commissioner of the Bureau of Labor and Industries under ORS 658.405 to 658.511. Any person may file an application for a license to act as a labor contractor at any office of the Bureau of Labor and Industries. The application shall be sworn to by the applicant and shall be written on a form prescribed by the commissioner. The form shall include, but not be limited to, questions asking
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(a) The applicant’s name, Oregon address and all other temporary and permanent addresses the applicant uses or knows will be used in the future. (b) Information on all motor vehicles to be used by the applicant in operations as a labor contractor including license number and stat…
ORS 658.416 Reduction of bond or deposit; conditions. If the Commissioner of the Bureau of Labor and Industries finds that an applicant has operated as an Oregon licensed labor contractor without an employee indorsement for at least two years in compliance with ORS 658.405 to 658.511 and with any other laws pertaining to the conduct of labor contractors, and that no valid claims for unpaid wages have been made against the applicant, then the commissioner may reduce the amount of the bond or deposit that would otherwise be required pursuant to ORS 658.415 (3) to an amount determined by the commissioner, but in no event less than the following
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(1) If the commissioner finds that the labor contractor has so operated for a period of at least five years, $20,000; (2) If the commissioner finds that the labor contractor has so operated for at least four years, $22,500; (3) If the commissioner finds that the labor contractor …
ORS 658.417 Additional requirements for forestation activities. In addition to the regulation otherwise imposed upon labor contractors pursuant to ORS 658.405 to 658.511, a person who acts as a farm labor contractor with regard to the forestation or reforestation of lands shall
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(1) Obtain a special indorsement from the Commissioner of the Bureau of Labor and Industries on the license required by ORS 658.410 that authorizes the person to act as a farm labor contractor with regard to the forestation or reforestation of lands. (2) Pay the fee established u…
ORS 658.418 Exemption from certain requirements. Upon written application from a labor contractor, the Commissioner of the Bureau of Labor and Industries may exempt the labor contractor from the provisions of ORS 658.440 (1)(i) and, for a labor contractor engaged in forestation or reforestation of lands, from the provisions of ORS 658.415 (3) for the license year if the commissioner finds that the labor contractor
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(1) Operates as a sole proprietor; (2) Engages in activities pursuant to contracts for less than $25,000; and (3) Employs two or fewer individuals in the performance of work on all contracts performed in the license year. [1985 c.454 §2; 2005 c.340 §4; 2013 c.584 §10]
ORS 658.419 Proof of financial responsibility from agricultural associations and certain nonprofit corporations; right of action; manner of payment; rules. (1) Notwithstanding the provisions of ORS 658.415 (3), (4), (9), (10) and (17), an agricultural association or a private nonprofit corporation described in ORS 658.410 (2)(f)(B) shall submit with the application for a license to act as a farm labor contractor and shall continually maintain thereafter, until excused, a corporate surety bond of a company licensed to do such business in Oregon, a cash deposit or a deposit the equivalent of cash, in a form approved by and payable to the Commissioner of the Bureau of Labor and Industries, in the amount of $30,000
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(2) Any person who suffers any loss of wages from the employer of the person or any other loss due to activities of the agricultural association or the private nonprofit corporation as a farm labor contractor shall have a right of action against the surety upon the bond or agains…
ORS 658.420 Investigation of applicant; issuance of license; protest against issuance of license. (1) The Commissioner of the Bureau of Labor and Industries shall conduct an investigation of each applicant’s character, competence and reliability, and of any other matter relating to the manner and method by which the applicant proposes to conduct and has conducted operations as a labor contractor
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(2) The commissioner shall issue a license within 15 days after the day on which the application therefor was received in the office of the commissioner if the commissioner is satisfied as to the applicant’s character, competence and reliability. (3) Any individual may protest th…
ORS 658.425 Temporary permit pending issuance of license; refusal to renew license considered revocation. (1) The office of the Bureau of Labor and Industries in which an application is filed shall issue to the applicant a temporary permit valid for not more than 60 days, if the following conditions are satisfied
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(a) The application is complete on its face. (b) The applicant has furnished satisfactory evidence of adequate insurance under rules issued by the Commissioner of the Bureau of Labor and Industries. (c) The applicant has paid in advance the fee established under ORS 658.413. (d) …
ORS 658.427 Duty of commissioner to establish procedures for licensing of property services contractors; rules. (1) The Commissioner of the Bureau of Labor and Industries shall establish, by rule, procedures for the licensing of property services contractors
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(2) Rules adopted under this section must require that a property services contractor provide the following information to the commissioner: (a) The total number of employees employed by the property services contractor who perform janitorial services. (b) The physical address of…
ORS 658.428 Rules must require property services contractors to provide professional training; training requirements. (1) Rules adopted under ORS 658.427 shall require that a property services contractor provide professional training through or approved by the Bureau of Labor and Industries to employees of the property services contractor who perform janitorial services, and to employees who manage or supervise those employees, in order to
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(a) Prevent sexual assault and sexual harassment in the workplace. (b) Prevent discrimination in the workplace and promote cultural competency. (c) Educate the workforce regarding protection for employees who report a violation of a state or federal law, rule or regulation. (2) A…
ORS 658.430 Form of license. Each labor contractor license shall bear on its face such information as is prescribed by rules of the Bureau of Labor and Industries, including but not limited to
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(1) The name and address of the licensee and a statement that the license is not valid after the expiration date. (2) The number, date of issuance and expiration date of the license. (3) A statement that the license shall not be transferred or assigned. [1959 c.395 §8; 2013 c.584…
ORS 658.435 Expiration and renewal of licenses; exception. (1) Except as provided in subsection (3) of this section, each labor contractor license shall expire one year following the date of its issuance unless sooner revoked by the Commissioner of the Bureau of Labor and Industries
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(2) Applications for renewal of the license shall be made 30 days prior to the expiration date by payment of the fee established under ORS 658.413, but the commissioner may require any person seeking renewal to file a new application under ORS 658.415 (1) and (2) and may conduct …
ORS 658.437 Duties of labor contractors; duties of person to whom workers provided. (1) Prior to beginning work on any contract or other agreement the labor contractor shall
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(a) Display the license or temporary permit to the person to whom workers are to be provided, or the person’s agent; and (b) Provide the person to whom workers are to be provided, or the person’s agent with a copy of the license or temporary permit. (2) Prior to allowing work to …
ORS 658.440 Requirements for labor contractors; prohibitions. (1) Each person acting as a labor contractor shall
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(a) Carry a labor contractor’s license at all times and exhibit it upon request to any person with whom the labor contractor intends to deal in the capacity of a labor contractor. (b) File immediately at the United States post office serving the labor contractor’s address, as not…
ORS 658.445 Revocation, suspension or refusal to renew license. The Commissioner of the Bureau of Labor and Industries may revoke, suspend or refuse to renew a license to act as a labor contractor upon the commissioner’s own motion or upon complaint by any individual, if
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(1) The licensee or agent has violated or failed to comply with any provision of ORS 658.405 to 658.511 and 658.991 (2) and (3); (2) The conditions under which the license was issued have changed or no longer exist; or (3) The licensee’s character, reliability or competence makes…
ORS 658.450 Applicability of Administrative Procedures Act. (1) All proceedings relating to the issuance, revocation, suspension, renewal or refusal to renew a license to act as a labor contractor shall be conducted under ORS chapter 183
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(2) All rules of the Bureau of Labor and Industries under ORS 658.405 to 658.511 shall be issued in compliance with ORS chapter 183. [1959 c.395 §12; 2013 c.584 §18]
ORS 658.452 Prohibitions relating to discharge of or discrimination against employee. A labor contractor or employer may not discharge or in any other manner discriminate against any employee because
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(1) The employee has made a claim against the labor contractor or employer for compensation for the employee’s own personal services. (2) The employee has caused to be instituted any proceedings under or related to ORS 658.405 to 658.511. (3) The employee has testified or is abou…
ORS 658.453 Civil penalty; disposition of funds; civil action by worker. (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 for each violation by
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(a) A labor contractor who, without the license required by ORS 658.405 to 658.511, recruits, solicits, supplies or employs a worker. (b) A labor contractor who fails to comply with ORS 658.415 (16). (c) A labor contractor who fails to comply with ORS 658.440 (1), (2)(c) or (3). …
ORS 658.455 Disposition of moneys received. Except as provided in ORS 658.453 (3) and 658.815, and except for money received under a bond or deposit as provided in ORS 658.415 (3), 658.419 or 658.735 (1), all fees and other money received by the Commissioner of the Bureau of Labor and Industries under ORS 658.405 to 658.511 and 658.705 to 658.850 shall be credited and used as provided in ORS 658.413. [1959 c.395 §13; 1973 c.401 §3; 1975 c.502 §7; 1991 c.489 §1; 1999 c.399 §7; 1999 c.628 §9]
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[Repealed or reserved.]
ORS 658.465 Liability of person using services of unlicensed labor contractor; prohibition on issuance of bond to unlicensed labor contractor. (1) Any person who knowingly uses the services of an unlicensed labor contractor shall be personally, jointly and severally liable with the person acting as a labor contractor to the same extent and in the same manner as provided in ORS 658.453 (4)
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(2) A surety insurer may not provide any bond, undertaking, recognizance or other obligation for the purpose of securing or guaranteeing any act, duty or obligation, or the refraining from any act with respect to a contract using the services of a labor contractor unless the labo…
ORS 658.467 Liability of member of agricultural association. A member of any agricultural association that is required to be licensed under ORS 658.410 shall be jointly and severally liable for any damages, attorney fees or costs awarded to any person for actions taken by the association in its capacity as a farm labor contractor if such actions were requested, authorized, approved or ratified by the member. [1999 c.628 §5]
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[Repealed or reserved.]
ORS 658.475 Injunctive relief and damages for violation of ORS 658.405 to 658.511. The Commissioner of the Bureau of Labor and Industries, or any other person, may bring an action in circuit court to enjoin any person from using the services of an unlicensed labor contractor or to enjoin any person acting as a labor contractor in violation of ORS 658.405 to 658.511, or rules promulgated pursuant thereto, from committing future violations. The court may award to the prevailing party costs and disbursements and a reasonable attorney fee. In addition, the amount of damages recoverable from a person acting as a labor contractor who violates ORS 658.410 or 658.440 (1)(i) or (j) or (3)(e) is actual damages or $2,000, whichever amount is greater. [1981 c.607 §3; 1983 c.654 §9; 1989 c.164 §13; 2005 c.340 §6; 2007 c.160 §6; 2007 c.161 §1; 2013 c.584 §22]
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[Repealed or reserved.]
ORS 658.480 Authority of commissioner to enter into reciprocal agreements. The Commissioner of the Bureau of Labor and Industries may enter into an agreement with an agency of another state for the reciprocal enforcement of statutes regulating farm labor contractors, if the other state has a reciprocal statute similar to this section or otherwise authorizes the reciprocal enforcement of statutes regulating farm labor contractors in a manner substantially similar to ORS 658.405 to 658.511. [1985 c.252 §3]
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[Repealed or reserved.]
ORS 658.485 Transfer of funds collected under reciprocal agreements; restriction on use of funds. Any agreement concluded by the Commissioner of the Bureau of Labor and Industries under ORS 658.480 shall make a provision for the transfer of any funds collected pursuant to ORS 658.480 and for retention by the commissioner or the agency of the other state of percentile amounts from sums collected to defray the administrative costs of ORS 658.480. Amounts retained pursuant to this section to be used to defray the administrative costs of ORS 658.480 shall be credited to the Bureau of Labor and Industries Account and shall be used only for the administration of ORS 658.480. [1985 c.252 §4]
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[Repealed or reserved.]
ORS 658.487 Certain agreements void. Agreements by employees purporting to waive or to modify their rights under this chapter are void as contrary to public policy. [1989 c.164 §7]
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[Repealed or reserved.]
ORS 658.489 Failure or refusal of labor contractor to pay claim; worker claim to Bureau of Labor and Industries. (1) If a person acting as a labor contractor fails, neglects or refuses to make prompt payment of a claim for labor or services furnished by a person in connection with a contract or agreement as such claim becomes due, the person with whom the labor contractor has made the contract or agreement may pay such claim to the person furnishing the labor or services or, upon demand, may pay such claim to the Bureau of Labor and Industries for the benefit of persons furnishing labor and charge the amount of the payment against funds due or to become due the labor contractor by reason of such contract or agreement
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(2) The payment of a claim in the manner authorized in this section shall not relieve the labor contractor or the labor contractor’s surety from obligation with respect to any unpaid claims. [1989 c.164 §8; 2013 c.584 §23]
ORS 658.501 Application of ORS 658.405 to 658.511. (1) ORS 658.405 to 658.511 apply to all transactions, acts and omissions of labor contractors and users of labor contractors that are within the constitutional power of the state to regulate, and not preempted by federal law, including but not limited to the recruitment of workers in this state to perform work outside this state, the recruitment of workers outside of this state to perform work in whole or in part within this state, the housing of workers in this state for work in another state, the housing of workers from another state in connection with work to be performed in this state, the transportation of workers through this state and the payment, terms and conditions, disclosure and record keeping required with respect to work performed outside this state by workers recruited in this state
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(2) The provisions of ORS 658.405 to 658.511 apply only to labor contractors and employees of labor contractors who perform those services for which a labor contractor license is required. [1989 c.164 §9; 2013 c.584 §24; 2018 c.8 §8]
ORS 658.503 Service of process when labor contractor unavailable. In any action arising out of the activities of an unlicensed labor contractor within this state who is not in the state or is otherwise unavailable for service of process in this state, the unlicensed labor contractor may be served by mailing a certified true copy of the summons and complaint to
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(1) The Commissioner of the Bureau of Labor and Industries; (2) The last-known address, if any, of the unlicensed labor contractor; and (3) Any other address the use of which the plaintiff knows or, on the basis of reasonable inquiry, has reason to believe is most likely to resul…
ORS 658.505 [1965 c.612 §1; 1991 c.67 §163; repealed by 1991 c.927 §9]
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[Repealed or reserved.]
ORS 658.511 Wage claim against property services contractor or construction labor contractor. Nothing in ORS 658.405 to 658.511 affects whether a person is an employee of a property services contractor, of a construction labor contractor or of a user of services provided by a property services contractor or a construction labor contractor for purposes of a wage claim under ORS chapters 652 and 653 or ORS 658.415. [2013 c.584 §28; 2017 c.676 §7]
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[Repealed or reserved.]
ORS 658.515 [1965 c.612 §2; repealed by 1991 c.927 §9]
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[Repealed or reserved.]
ORS 658.525 [1965 c.612 §3; 1971 c.430 §1; 1991 c. 67 §164; repealed by 1991 c.927 §9]
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[Repealed or reserved.]
ORS 658.535 [1965 c.612 §4; repealed by 1991 c.927 §9]
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[Repealed or reserved.]
ORS 658.545 [1965 c.612 §5; repealed by 1991 c.927 §9]
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[Repealed or reserved.]
ORS 658.555 [1965 c.612 §6; 1991 c.67 §165; repealed by 1991 c.927 §9]
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[Repealed or reserved.]
ORS 658.600 [1987 c.643 §1; renumbered 285.180 in 1991]
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[Repealed or reserved.]
ORS 658.610 [1987 c.643 §2; renumbered 285.183 in 1991]
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[Repealed or reserved.]