Title 51, Labor and Employment; Unlawful Discrimination

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 author…

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 …

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]

(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 contr…

(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 worker…

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 …

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 unde…

As used in ORS 658.705 to 658.850: (1) “Applicant” means an individual who proposes to operate a farmworker camp and who is applying for a camp operator indorsement under ORS 658.730. (2) “Bureau” means the Bureau of Labor and Industries. (3) “Commissioner” means the Commissioner…

(1) A person may not operate a farmworker camp unless the person: (a) Is a farm labor contractor licensed under ORS 658.405 to 658.511, and the contractor first obtains an indorsement to do so as provided in ORS 658.730; (b) Has a substantial ownership interest in the real proper…

Every farmworker camp operator shall: (1) Post an informational notice, on a form provided by the Department of Consumer and Business Services as set forth in subsection (2) of this section, in an area of the farmworker camp frequented by the occupants. (2) The notice provided by…

Agreements by workers purporting to modify their rights under ORS 658.705 to 658.850 shall be void as contrary to public policy. [1989 c.962 §11; 1991 c.67 §167] (Farm Labor Contractor Indorsement)

(1) In accordance with the applicable provisions of ORS chapter 183, the Commissioner of the Bureau of Labor and Industries, by rule, shall establish an indorsement system for any farm labor contractor who operates a farmworker camp. Such system shall include, but not be limited …

(1) Each applicant shall submit with the application and shall continually maintain thereafter a bond approved by the Commissioner of the Bureau of Labor and Industries. The amount of the bond and the security behind the bond shall be $15,000 or the amount specified in ORS 658.41…

The Commissioner of the Bureau of Labor and Industries may revoke, suspend, refuse to renew or refuse to issue an indorsement to act as a farmworker camp operator upon the commissioner’s own motion or upon complaint by an individual if the: (1) Indorsee has violated or failed to …

(1) Every farmworker camp operator shall register with the Department of Consumer and Business Services each farmworker camp operated by the operator. (2) The department shall establish, by rule, procedures for annual registration of farmworker camps. The department may adopt any…

(1) Every farmworker camp operator shall: (a) If a farm labor contractor, comply with the provisions of ORS 658.405 to 658.511. (b) Comply with ORS chapter 654 and the administrative rules of the Department of Consumer and Business Services adopted pursuant to ORS chapter 654. (c…

(1) No farmworker camp operator shall discharge, evict or in any other manner discriminate against any person because that person: (a) Has made a claim against the operator or employer for compensation for the occupant’s own personal services. (b) Has caused to be instituted any …

Any individual may protest the registration of any proposed farmworker camp and the Department of Consumer and Business Services shall give the individual an opportunity to state the reasons for the objection. [1989 c.962 §14; 1995 c.500 §5]

The Department of Consumer and Business Services may revoke or suspend a registration upon the department’s own motion or upon complaint by an aggrieved individual if the: (1) Camp is no longer in compliance with the provisions of ORS 658.705 to 658.850 or any rules adopted there…

(1) If any government agency authorized to enforce building, health or safety standards orders a camp vacated because the camp is not habitable, the camp operator shall provide lodging, without charge, that meets the health and safety standards of the Department of Consumer and B…

In any action arising out of the activities of a farmworker camp operator who is operating an unregistered farmworker camp within this state and who is not in the state or is otherwise unavailable to accept service of process in this state, the farmworker camp operator may be ser…

(1) Except to appeal from an act or determination of the Commissioner of the Bureau of Labor and Industries or the Department of Consumer and Business Services, no person operating a farmworker camp, as defined in ORS 658.705, is entitled to demand, receive or accept any fee dire…

(1) As used in this section, “landowner” means any person that has a substantial ownership interest in real property. (2) A landowner who, at the time of the farmworker camp’s operation, knows or should have known that the landowner’s property is being used as the site of a farmw…

Fees required for farmworker camp indorsements shall be established under ORS 658.413. [1989 c.962 §5a; 1995 c.500 §8; 1999 c.399 §8]

(1) All farmworker camp indorsement fees received by the Commissioner of the Bureau of Labor and Industries under ORS 658.810 shall be credited to the Bureau of Labor and Industries Account. Notwithstanding ORS 651.160 (1) and 658.413 (4), moneys credited to the account under thi…

(1) The Commissioner of the Bureau of Labor and Industries may adopt rules necessary for the administration of ORS 658.705 to 658.850. (2) All rules adopted under ORS 658.705 to 658.850 shall be issued in compliance with ORS 183.310 to 183.410. (3) All proceedings relating to the…

The Commissioner of the Bureau of Labor and Industries shall not revoke, suspend or refuse to renew or reissue an indorsement under ORS 658.740 or any rule adopted thereunder, or assess penalties under ORS 658.850 for violations of ORS chapter 654 or any rule adopted thereunder u…

In pursuing its duties under ORS chapter 654, the Department of Consumer and Business Services shall report to the Bureau of Labor and Industries any violation of this chapter observed by department staff. [1989 c.962 §16]

The Department of Consumer and Business Services and the Commissioner of the Bureau of Labor and Industries shall adopt an interagency agreement to coordinate the application of all laws the department and the commissioner are charged with administering with respect to farm labor…

(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 of any provision of ORS 658.705 to 658.850. (2) Civil penalties under this section shall be imposed as p…

(1) Violation of ORS 658.005 to 658.245 or 658.250 is a Class C misdemeanor. (2) Violation of ORS 658.452 is a Class A misdemeanor. (3) Any person who intentionally defaces, alters or changes a license or permit to act as a labor contractor, or who uses the license or permit of a…