Title 51, Labor and Employment; Unlawful Discrimination

(1) An employer may not willfully make or cause to be made false statements or willfully fail to report a material fact regarding the claim of an eligible employee or regarding an employee’s eligibility for family and medical leave insurance benefits under this chapter. (2) The D…

(1) If a person is convicted by a court of competent jurisdiction of willfully making a false statement or misrepresentation, or willfully failing to report a material fact, to obtain any benefits under this chapter, in addition to any penalties imposed by the court, the person s…

(1)(a) If the Director of the Employment Department decides that a covered individual has been paid benefits to which the covered individual is not entitled because of an error not due to the covered individual providing a false statement or misrepresentation of a material fact o…

(1) The Director of the Employment Department shall waive recovery of overpaid benefits under ORS 657B.335 if the director finds that the benefits are recoverable due to a change in state law, the application of which has caused the disqualification of benefits previously paid. (…

(1)(a) If any amount paid to a covered individual as benefits, for which the covered individual has been found liable under the provisions of ORS 657B.332 to repay or to have deducted from benefits payable, has been neither repaid nor deducted within a period of five years follow…

(1) The Director of the Employment Department may pay a fee charged by the Department of Revenue pursuant to ORS 293.250 for processing a request to offset against liquidated state debt a state tax refund owed to the debtor. (2) The net amount received from the Department of Reve…

(1) As used in this section, “grant repayment” means a repayment of grant moneys awarded to an employer under ORS 657B.200 for which the employer was not eligible. (2) When in the judgment of the Director of the Employment Department the best interests of the Employment Departmen…

(1) The Director of the Employment Department shall establish a family and medical leave insurance program to provide family and medical leave insurance benefits to a covered individual as specified in this chapter. (2) Not later than September 1, 2022, the director shall adopt r…

(1) The Director of the Employment Department may enter into an agreement with a third party to implement this chapter and to serve as the administrator of the program established under ORS 657B.340. The director may enter into such an agreement only on a competitive bid basis. (…

Notwithstanding any other provision under this chapter, the Bureau of Labor and Industries is responsible for administrative and regulatory oversight regarding the requirements under ORS 657B.060, and the provisions of ORS 657B.070 relating to retaliation and discrimination, and …

(1) Subject to subsection (2) of this section, for purposes of ORS 657B.060 and 657B.150, the Director of the Employment Department shall establish by rule a method to determine on an annual basis the number of employees employed by an employer. The method shall require that the …

(1)(a) If an employer files a report for the purpose of determining the amount of contributions due under ORS 657B.150 but fails to pay contributions or interest, the Director of the Employment Department may assess the amount of contributions or interest due on the basis of the …

(1) The Director of the Employment Department shall establish an advisory committee to review issues related to the implementation and administration of the family and medical leave insurance program established under ORS 657B.340 and rulemaking related to the program. (2)(a) The…

(1) All employers shall maintain payroll records, including account records that document employee contributions and expenses, and employment records that reflect the total hours worked by all employees and the amount of leave taken by employees under this chapter for the current…

(1) Except as provided in subsections (2) to (7) and (10) of this section, all information in the records of the Employment Department or a third party administrator pertaining to the administration of this chapter: (a) Is confidential and for the exclusive use and information of…

(1) The Director of the Employment Department shall establish a process by which: (a) An employer may request a hearing to obtain review of a final decision of the director regarding any of the following: (A) Approval or denial of an employer’s application for approval of a plan …

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…

(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: (a) The request for hearing is withdrawn by the requesting party; (b) The matter is resolved by reversal or amendment of t…

(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. (2) The fund consists of moneys deposited in the fund from cont…

(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: (a)…

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 …

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] Note: 657B.470 was enacted into law by th…

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 ass…

(1) In addition to any penalties otherwise prescribed under this chapter, violation of any provision of this chapter is a Class A misdemeanor. (2) If an offending employer is a corporation, the president, secretary and the treasurer, or officers exercising corresponding functions…

(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…

(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 …

(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 penalt…

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…