Oregon Statutes - Chapter 658 - Employment Agencies; Farm Labor Contractors; Farmworker Camps

• 658.005   Definitions for ORS 658.005 to 658.245.
  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...
• 658.008   Purpose.
  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...
• 658.010   [Repealed by 1953 c.694 §30]
• 658.015   Exemptions from ORS 658.005 to 658.245.
  (1) ORS 658.005 to 658.245 do not apply to farm labor contractors subject to ORS 658.405 to 658.503. (2) ORS 658.005 to 658.245 do not...
• 658.019   Rehabilitation services agency exemption.
  (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...
• 658.020   [Repealed by 1953 c.694 §30]
• 658.025   [1953 c.694 §2; 1961 c.380 §3; 1973 c.678 §3; 1981 c.318 §4; repealed by 1997 c.55 §1]
• 658.030   [Repealed by 1953 c.694 §30]
• 658.035   [1953 c.694 §3; 1961 c.380 §4; 1973 c.678 §4; 1981 c.318 §5; repealed by 1997 c.55 §1]
• 658.040   [Repealed by 1953 c.694 §30]
• 658.042   [1973 c.678 §5b; 1981 c.318 §6; repealed by 1997 c.55 §1]
• 658.045   [1953 c.694 §4; 1961 c.380 §5; repealed by 1973 c.678 §20]
• 658.050   [Repealed by 1953 c.694 §30]
• 658.055   [1953 c.694 §5; 1961 c.380 §6; 1973 c.678 §5; 1981 c.318 §7; repealed by 1997 c.55 §1]
• 658.060   [Repealed by 1953 c.694 §30]
• 658.062   [1973 c.678 §10b; repealed by 1997 c.55 §1]
• 658.065   Employment agency business not to be conducted in certain places.
  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...
• 658.070   [Repealed by 1953 c.694 §30]
• 658.075   Agency to file security.
  (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...
• 658.076   [1973 c.678 §10c; 1981 c.318 §10; 1991 c.331 §102; repealed by 1997 c.55 §1]
• 658.078   Record keeping.
  (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...
• 658.080   [Repealed by 1953 c.694 §30]
• 658.085   [1953 c.694 §8; 1957 c.465 §12; 1971 c.206 §1; 1973 c.678 §8; 1979 c.224 §1; 1981 c.318 §12; repealed by 1997 c.55 §1]
• 658.090   [Repealed by 1953 c.694 §30]
• 658.095   [1953 c.694 §9; 1961 c.380 §9; 1973 c.678 §9; 1985 c.394 §1; repealed by 1997 c.55 §1]
• 658.100   [Repealed by 1953 c.694 §30]
• 658.105   [1953 c.694 §10; 1961 c.380 §10; 1971 c.206 §2; 1973 c.678 §10; 1979 c.224 §2; 1981 c.318 §13; repealed by 1997 c.55 §1]
• 658.110   [Repealed by 1953 c.694 §30]
• 658.115   Civil penalties.
  (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...
• 658.120   [Repealed by 1953 c.694 §30]
• 658.125   Judicial review.
  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...
• 658.130   [Repealed by 1953 c.694 §30]
• 658.135   [1953 c.694 §13; 1981 c.318 §16; repealed by 1997 c.55 §1]
• 658.140   [Repealed by 1953 c.694 §30]
• 658.145   Schedule of charges.
  (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...
• 658.150   [Repealed by 1953 c.694 §30]
• 658.155   Posting and furnishing schedule of charges; charge in excess of schedule prohibited.
  (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...
• 658.160   [Repealed by 1953 c.694 §30]
• 658.165   Order necessary before referral or charge to be made; obtaining employment other than that ordered; disputes regarding fees.
  (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...
• 658.168   Contract requirements.
  (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...
• 658.170   [Repealed by 1953 c.694 §30]
• 658.172   Job referral requirements.
  (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...
• 658.174   Contracts in violation of law prohibited.
  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,...
• 658.175   [Repealed by 1961 c.380 §16 (658.176 enacted in lieu of 658.175)]
• 658.176   Fees and charges for services.
  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...
• 658.180   [Repealed by 1953 c.694 §30]
• 658.185   Limitation on charges; manner of calculating certain charges; credits and refunds.
  (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...
• 658.195   Giving false information or making false representations; advertisements.
  (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...
• 658.197   [1973 c.678 §25; 1981 c.318 §24; repealed by 1997 c.55 §1]
• 658.205   Prohibited agency employment activities.
  (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...
• 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;...
• 658.215   [1953 c.694 §21; 1961 c.380 §22; repealed by 1973 c.678 §20 and by 1973 c.827 §83]
• 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...
• 658.225   [1953 c.694 §22; 1961 c.380 §23; repealed by 1973 c.678 §20]
• 658.230   [1973 c.678 §22; 1981 c.318 §28; repealed by 1993 c.742 §2]
• 658.235   [1953 c.694 §23; 1961 c.380 §24; repealed by 1973 c.678 §20]
• 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...
• 658.250   Employment listing service; rules.
  (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...
• 658.405   Definitions for ORS 658.405 to 658.503.
  As used in ORS 658.405 to 658.503 and 658.991 (2) and (3), unless the context requires otherwise: (1) “Agricultural association” means a nonprofit or cooperative...
• 658.407   Commissioner to administer and enforce ORS 658.405 to 658.503; rules.
  The Commissioner of the Bureau of Labor and Industries shall administer and enforce ORS 658.405 to 658.503, and in so doing shall: (1) Investigate and...
• 658.410   Farm labor contractor license required; issuance; rules.
  (1) Except as provided by ORS 658.425 and subsection (3) of this section, a person may not act as a farm labor contractor without a...
• 658.411   Licensing by indorsement; terms and conditions.
   (1) The employee of a farm labor contractor who is licensed under ORS 658.405 to 658.503 may be licensed as a farm labor contractor subject...
• 658.412   License examination; rules.
  No license to operate as a farm labor contractor shall be issued until an applicant for a license has successfully passed a qualifying examination designed...
• 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...
• 658.415   Application for license; proof of insurance and financial responsibility; proceedings to collect wages owed by contractor; commissioner as agent for service of process; rules.
  (1) A person may not act as a farm labor contractor unless the person has first been licensed by the Commissioner of the Bureau of...
• 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 farm labor contractor without an...
• 658.417   Additional requirements for forestation activities.
  In addition to the regulation otherwise imposed upon farm labor contractors pursuant to ORS 658.405 to 658.503, a person who acts as a farm labor...
• 658.418   Exemption from certain requirements.
  Upon written application from a farm labor contractor, the Commissioner of the Bureau of Labor and Industries may exempt the farm labor contractor from the...
• 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), (8), (9) and (16), an agricultural association or a private nonprofit corporation described in ORS 658.410...
• 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...
• 658.425   Temporary permit pending issuance of license; refusal to renew license considered revocation; rules.
  (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...
• 658.430   Form of license; rules.
  Each license shall bear on its face such information as is prescribed by rules of the Bureau of Labor and Industries, including but not limited...
• 658.435   Expiration and renewal of licenses.
  (1) Each license shall expire one year following the date of its issuance unless sooner revoked by the Commissioner of the Bureau of Labor and...
• 658.437   Duties of farm labor contractor; duties of person to whom workers provided.
  (1) Prior to beginning work on any contract or other agreement the farm labor contractor shall: (a) Display the license or temporary permit to the...
• 658.440   Duties of farm labor contractors; rules.
  (1) Each person acting as a farm labor contractor shall: (a) Carry a labor contractor’s license at all times and exhibit it upon request to...
• 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...
• 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 farm labor contractor shall be...
• 658.452   Prohibitions relating to discharge of or discrimination against employee.
  No farm labor contractor or employer shall discharge or in any other manner discriminate against any employee because: (1) The employee has made a claim...
• 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...
• 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),...
• 658.465   Liability of person using services of unlicensed farm labor contractor; issuance of bond to unlicensed farm labor contractor prohibited.
  (1) Any person who knowingly uses the services of an unlicensed farm labor contractor shall be personally, jointly and severally liable with the person acting...
• 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...
• 658.475   Injunctive relief and damages for violation of ORS 658.405 to 658.503.
  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...
• 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...
• 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...
• 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]
• 658.489   Failure or refusal of contractor to pay claim; worker claim to Bureau of Labor and Industries.
  (1) If a person acting as a farm labor contractor fails, neglects or refuses to make prompt payment of a claim for labor or services...
• 658.501   Application of ORS 658.405 to 658.503.
  ORS 658.405 to 658.503 apply to all transactions, acts and omissions of farm labor contractors and users of farm labor contractors that are within the...
• 658.503   Service of process when contractor unavailable.
  In any action arising out of the activities of an unlicensed farm labor contractor within this state who is not in the state or is...
• 658.505   [1965 c.612 §1; 1991 c.67 §163; repealed by 1991 c.927 §9]
• 658.515   [1965 c.612 §2; repealed by 1991 c.927 §9]
• 658.525   [1965 c.612 §3; 1971 c.430 §1; 1991 c. 67 §164; repealed by 1991 c.927 §9]
• 658.535   [1965 c.612 §4; repealed by 1991 c.927 §9]
• 658.545   [1965 c.612 §5; repealed by 1991 c.927 §9]
• 658.555   [1965 c.612 §6; 1991 c.67 §165; repealed by 1991 c.927 §9]
• 658.600   [1987 c.643 §1; renumbered 285.180 in 1991]
• 658.610   [1987 c.643 §2; renumbered 285.183 in 1991]
• 658.620   [1987 c.643 §3; renumbered 285.185 (5) in 1991]
• 658.630   [Formerly 190.900; renumbered 285.187 in 1991]
• 658.705   Definitions for ORS 658.705 to 658.850.
  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...
• 658.715   Farmworker camp operator requirements.
  (1) A person may not operate a farmworker camp unless the person: (a) Is a farm labor contractor licensed under ORS 658.405 to 658.503, and...
• 658.717   Notice of farmworker camp operations.
  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...
• 658.720   Certain agreements void.
  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...
• 658.730   Farm labor contractor indorsement to operate farmworker camp; posting indorsement; rules.
  (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...
• 658.735   Bond required; claim on bond; procedures; rules.
  (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...
• 658.740   Revocation, suspension, refusal to issue or renew indorsement.
  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...
• 658.750   Camp operator registration; procedures; rules.
  (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...
• 658.755   Farmworker camp operator duties; prohibitions.
  (1) Every farmworker camp operator shall: (a) If a farm labor contractor, comply with the provisions of ORS 658.405 to 658.503. (b) Comply with ORS...
• 658.760   Prohibited actions by operator; burden of proof.
  (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...
• 658.780   Protest of registration.
  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...
• 658.785   Revocation or suspension of registration.
  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...
• 658.790   Uninhabitable camp.
  (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...
• 658.800   Service of process on unregistered farmworker camp operator.
  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...
• 658.805   Denial of right to court action in certain cases; injunction; attorney fees.
  (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...
• 658.810   Fees.
  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]
• 658.815   Disposition of moneys.
  (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...
• 658.820   Rules; proceedings.
  (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...
• 658.825   Determination of violation of other provisions required.
  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...
• 658.827   Department to report violations.
  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...
• 658.830   Interagency coordination agreement.
  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...
• 658.850   Civil penalties.
  (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...
• 658.990   [Repealed by 1953 c.694 §30]
• 658.991   Criminal penalties.
  (1) Violation of ORS 658.005 to 658.245 or 658.250 is punishable, upon conviction, by a fine of not more than $250 or by imprisonment in...

Last modified: August 7, 2008