Title 51, Labor and Employment; Unlawful Discrimination

As used in ORS 658.005 to 658.245, unless the context requires otherwise: (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 oth…

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: (1) To provide a procedure for determining where employment …

(1) ORS 658.005 to 658.245 do not apply to: (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 eco…

(1) ORS 658.005 to 658.245 do not apply to a rehabilitation services agency. (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…

The business of an employment agency shall not be conducted or maintained in any of the following places: (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 whe…

(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 658.00…

(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…

(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 65…

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]

(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 b…

(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 …

(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. (…

(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. (2) The …

(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 jo…

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]

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 emplo…

(1) As used in this section: (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 …

(1) No employment agency shall knowingly publish or cause to be published any false, fraudulent or misleading information, representation, notice or advertisement. (2)(a) All advertisements of an employment agency by means of cards, circulars or signs, and in newspapers and other…

(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. (2) No employment agency shall knowingly permit any person of bad character to fr…

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] Note: 658.210 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS …

(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, obta…

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 dam…

(1) As used in this section, “employment listing service” means a business operated by a person that: (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 pr…

As used in ORS 658.405 to 658.511 and 658.991 (2) and (3), unless the context requires otherwise: (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 la…

The Commissioner of the Bureau of Labor and Industries shall administer and enforce ORS 658.405 to 658.511, and in so doing shall: (1) Investigate and attempt to adjust equitably controversies between labor contractors and their workers with respect to claims arising under ORS 65…

(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…

(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: (a) The employee’s employer has filed with the Commissio…

(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…

(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 …

(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 Bure…

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…

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: (1) Obtain a special indorsement from the Commissioner of the Bu…

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 …

(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 continuall…

(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 a…

(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: (a) The application is complete on its face. (b) The applicant has fur…

(1) The Commissioner of the Bureau of Labor and Industries shall establish, by rule, procedures for the licensing of property services contractors. (2) Rules adopted under this section must require that a property services contractor provide the following information to the commi…

(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 man…

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: (1) The name and address of the licensee and a statement that the license is not valid after the expiration date. (…

(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. (2) Applications for renewal of the license shall be m…

(1) Prior to beginning work on any contract or other agreement the labor contractor shall: (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 pe…

(1) Each person acting as a labor contractor shall: (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 o…

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: (1) The licensee or agent has violated or failed to comply with any pro…

(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. (2) All rules of the Bureau of Labor and Industries under ORS 658.405 to 658.511 shall be issued in c…

A labor contractor or employer may not discharge or in any other manner discriminate against any employee because: (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 …

(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: (a) A labor contractor who, without the license required by ORS 658.405 to 658.511, recruits, solici…

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 658.51…

(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). (2) A surety insurer may not p…

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 a…

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…