Title 51, Labor and Employment; Unlawful Discrimination

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…

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…