Oregon Statutes - Chapter 652 - Hours; Wages; Wage Claims; Records

• 652.010   Declaration of public policy concerning maximum working hours in certain industries.
  (1) It is the public policy of this state that no person shall be hired, nor permitted to work for wages, under any conditions or...
• 652.020   Maximum working hours in certain industries; overtime hours and pay; exemptions.
  (1) No person shall be employed in any mill, factory or manufacturing establishment in this state more than 10 hours in any one day, or...
• 652.030   Enforcement of ORS 652.010 and 652.020 dependent upon like laws in other states.
  ORS 652.010 and 652.020 shall not be enforced insofar as they relate to working hours in sawmills, planing mills, shingle mills and logging camps until...
• 652.040   Maximum working hours in mines.
  (1) No person who operates any underground mine yielding gold or silver or copper or lead or other metal shall permit or require any person...
• 652.050   Definitions for ORS 652.050 to 652.080.
  As used in ORS 652.050 to 652.080: (1) “Firefighter” means a person whose principal duties consist of preventing or combating fire or preventing loss of...
• 652.060   Maximum working hours for firefighters.
  (1)(a) No person employed on a full-time basis as a firefighter by any regularly organized fire department maintained by any incorporated city, municipality or fire...
• 652.070   Overtime pay for firefighters.
  (1) Every affected incorporated city, municipality and fire district shall put into effect and maintain a schedule of working hours required of regularly employed firefighters...
• 652.080   Computing hours on duty for purposes of ORS 652.060 and 652.070.
  In computing the average or total number of hours a week for the purposes of ORS 652.060 and 652.070, authorized vacation or sick leave time...
• 652.110   Method of paying employees; agreement on method of payment; revocation of agreement.
  (1) A person engaged in any business or enterprise of any kind in this state may not issue, in payment of or as evidence of...
• 652.120   Establishing regular payday; pay intervals; agreement to pay wages at future date.
  (1) Every employer shall establish and maintain a regular payday, at which date the employer shall pay all employees the wages due and owing to...
• 652.125   Bond required when failure to make timely wage payment occurs; court to enjoin business of employer failing to provide bond.
  (1) If, upon complaint by an employee, and after investigation, it appears to the Commissioner of the Bureau of Labor and Industries that an employer...
• 652.130   Payment of wages due persons employed on piece work scale or quantity basis in forest product industries; furnishing statement of scale or quantity produced.
  Every person engaged in the business of logging or obtaining or securing sawlogs, poles, spars, piles, cordwood, posts or other timber or forest products, or...
• 652.140   Payment of wages on termination of employment; exception for collective bargaining.
  (1) When an employer discharges an employee or when employment is terminated by mutual agreement, all wages earned and unpaid at the time of the...
• 652.145   Payment of wages for seasonal farmworkers.
  Notwithstanding ORS 652.140, if an employee has worked for an employer as a seasonal farmworker, whenever the employment terminates, all wages earned and unpaid become...
• 652.150   Penalty wage for failure to pay wages on termination of employment.
  (1) Except as provided in subsections (2) and (3) of this section, if an employer willfully fails to pay any wages or compensation of any...
• 652.160   Payment in case of dispute over wages.
  In case of dispute over wages, the employer must pay, without condition, and within the time set by ORS 652.140, all wages conceded by the...
• 652.165   Rules for wage collection and payment.
  In accordance with any applicable provision of ORS chapter 183, the Commissioner of the Bureau of Labor and Industries may adopt rules to carry out...
• 652.170   Payment of wages in case of strikes.
  When any number of employees enter upon a strike, the wages due such striking employees at the time of entering upon such strike shall not...
• 652.180   [Repealed by 1953 c.515 §2]
• 652.190   Payment of wages to surviving spouse or dependent children.
  All wages earned by an employee, not exceeding $10,000, shall, upon the employee’s death, become due and payable to the employee’s surviving spouse, or if...
• 652.200   Attorney fee in action for wages.
  (1) In any action for the collection of any order, check, memorandum or other instrument of indebtedness referred to in ORS 652.110, if it is...
• 652.210   Definitions for ORS 652.210 to 652.230.
  As used in ORS 652.210 to 652.230, unless the context requires otherwise: (1) “Employee” means any individual who, otherwise than as a copartner of the...
• 652.220   Prohibition of discriminatory wage rates based on sex; employer not to discriminate against employee-complainant.
  (1) No employer shall: (a) In any manner discriminate between the sexes in the payment of wages for work of comparable character, the performance of...
• 652.230   Employee right of action against employer for unpaid wages and damages.
  (1) Any employee whose compensation is at a rate that is in violation of ORS 652.220 shall have a right of action against the employer...
• 652.240   Paying wage lower than that required by statute or contract prohibited.
  Where any statute or contract requires an employer to maintain the designated wage scale, it shall be unlawful to secretly pay a lower wage while...
• 652.250   Public employee’s wages as affected by absence to engage in search or rescue operation.
  A public employee who takes part without pay in a search or rescue operation at the request of any law enforcement agency, the Department of...
• 652.310   Definitions of employer and employee.
  As used in ORS 652.310 to 652.414, unless the context requires otherwise: (1) “Employer” means any person who in this state, directly or through an...
• 652.320   Definitions for ORS 652.310 to 652.414.
  As used in ORS 652.310 to 652.414, unless the context requires otherwise: (1) “Commissioner” means the Commissioner of the Bureau of Labor and Industries. (2)...
• 652.325   [1975 c.488 §4; 1991 c.331 §94; repealed by 1999 c.69 §1]
• 652.330   Powers and duties of commissioner in enforcing wage claims; parties to wage claim action.
  (1) The Commissioner of the Bureau of Labor and Industries shall enforce ORS 652.310 to 652.414 and to that end may: (a) Investigate and attempt...
• 652.332   Administrative proceeding for wage claim collection; court enforcement and review; rules.
  (1) In any case when the Commissioner of the Bureau of Labor and Industries has received a wage claim complaint which the commissioner could seek...
• 652.335   Liability of liquor dispenser licensee for wage claims of certain individuals.
  (1) A person operating a commercial establishment where food is cooked and served who holds a full on-premises sales license issued under ORS 471.175 is...
• 652.340   Requiring bond of employer.
  (1) If upon investigation by the Commissioner of the Bureau of Labor and Industries, after taking assignments of any wage claims under ORS 652.330, it...
• 652.350   [Repealed by 1979 c.695 §7]
• 652.355   Prohibition of discrimination because of wage claim; remedy.
  (1) An employer may not discharge or in any other manner discriminate against an employee because: (a) The employee has made a wage claim or...
• 652.360   Contract exempting employer from liability or penalty not valid; exceptions.
  (1) An employer may not by special contract or any other means exempt the employer from any provision of or liability or penalty imposed by...
• 652.370   Jurisdiction of courts; proceedings in name of state.
  (1) Justice courts shall have concurrent jurisdiction with circuit courts over all cases mentioned in ORS 652.330 or 652.340. (2) The Commissioner of the Bureau...
• 652.380   Remedies cumulative; effect of payment or tender by employer after proceeding commenced.
  (1) The remedies provided by ORS 652.310 to 652.414 shall be additional to and not in substitution for and in no manner impair other remedies...
• 652.390   Deduction of costs from wage claims; collection fees; assignment of wage claims.
  (1) The Commissioner of the Bureau of Labor and Industries may deduct and retain any moneys collected on each wage claim as costs, attorney fees...
• 652.400   Deposit of moneys in Wage Collection Account; payment to persons entitled thereto.
  Subject to ORS 652.390, all moneys collected on judgments pursuant to ORS 652.330, or as a result of administrative proceedings pursuant to ORS 652.332, including...
• 652.405   Disposition of wages collected by commissioner when payment cannot be made to person entitled thereto.
  (1) The Commissioner of the Bureau of Labor and Industries shall attempt for a period of not less than seven years to make payment of...
• 652.409   Wage Security Fund; use.
  (1) The Wage Security Fund is established separate and distinct from the General Fund. After deduction of the amounts provided in ORS 657.439 (2)(a), all...
• 652.410   [Repealed by 1977 c.618 §2]
• 652.414   Procedure for payment from fund; lien against personal property of employer; penalties; rules.
  Notwithstanding any other provision of law: (1) When an employee files a wage claim under this chapter for wages earned and unpaid, and the Commissioner...
• 652.420   Definitions for ORS 652.420 to 652.445.
  (1) As used in ORS 652.420 to 652.445: (a) “Commissioner” means the Commissioner of the Bureau of Labor and Industries. (b) “Labor bureau” includes any...
• 652.425   Authority of commissioner to enter into agreements with other states for reciprocal enforcement of wage claims.
  The Commissioner of the Bureau of Labor and Industries may enter into agreements with the corresponding labor bureau of another state for the reciprocal enforcement...
• 652.430   Assigning wage claim to labor bureau of another state.
  Whenever a wage claim is assigned to the Commissioner of the Bureau of Labor and Industries in trust pursuant to ORS 652.330 and the employer...
• 652.435   Accepting assignments of wage claims from labor bureau of another state.
  Whenever a labor bureau in another state, which has entered into a reciprocal agreement under ORS 652.425 with the Commissioner of the Bureau of Labor...
• 652.440   Retention by commissioner or labor bureau of percentage of funds collected.
  Any agreement concluded by the Commissioner of the Bureau of Labor and Industries shall make provision for the transfer of funds collected pursuant to ORS...
• 652.445   Deposit of moneys in Wage Collection Account.
  Except as provided in ORS 652.440, all moneys collected pursuant to ORS 652.420 to 652.445, including fines and costs, shall be paid to the Commissioner...
• 652.500   Receiver to pay accrued wages; payment of employees; receiver’s certificates.
  Whenever the business or property of any person, company or corporation in this state shall be placed by any court in this state in the...
• 652.510   Payment of wage claims by receivers, assignees or court; filing statement of wages due.
  (1) When the property of any company, cooperative association, corporation, firm or person is seized upon by any process of any court of this state,...
• 652.520   Form of statement of wage claim.
  The statement to be presented under ORS 652.510 shall be substantially in the following form: ______________________________________________________________________________ State of Oregon) )ss. County of_____,) I, _____, being...
• 652.530   Serving copy of statement; report to court; order of payment.
  (1) The person claiming the benefit of ORS 652.510 to 652.570 shall serve upon the debtor, or upon the officer, assignee or receiver for the...
• 652.540   Exception to claim; legal action on claim.
  (1) Any person interested may contest all or any part of a claim mentioned in ORS 652.530, by filing in said court exceptions thereto, supported...
• 652.550   Payment of claims prerequisite to discharge of attachment or execution, assignee or receiver, or to abandonment of seizure or sale.
  No attachment or execution shall be discharged nor shall the seizure or sale of property seized be abandoned, or assignee or receiver discharged, until every...
• 652.560   Costs and attorney fees.
  Whenever any claim has been excepted to under ORS 652.540 and the claim is established by judgment and the court rendering the judgment is satisfied...
• 652.570   Priority of wage claims over transfers in payment of preexisting obligations; payment and subrogation of transferee.
  (1) Every sale or transfer of any property in payment of any preexisting debt, or obligation, and every mortgage or lien created or executed to...
• 652.580   [Repealed by 1981 c.898 §53]
• 652.610   Itemized statement of amounts and purposes of deductions; timely payment to recipient of amounts deducted.
  (1) All persons, firms, partnerships, associations, cooperative associations, corporations, municipal corporations, the state and its political subdivisions, except the federal government and its agencies, employing,...
• 652.615   Remedy for violation of ORS 652.610.
  There is hereby created a private cause of action for a violation of ORS 652.610 (3) for actual damages or $200, whichever is greater. In...
• 652.620   Statement of yearly compensation on request of employee.
  All persons, firms, partnerships, associations, cooperative associations, corporations, municipal corporations, the state and its political subdivisions thereof, except the federal government and its agencies employing,...
• 652.630   Definitions for ORS 652.630 to 652.640.
  As used in ORS 652.630 to 652.640, unless the context requires otherwise: (1) “Bonus” means an increase in the agreed rate of compensation based on...
• 652.635   Producers to post certain terms of employment.
  Every producer, or agent of the producer, who employs a labor contractor to provide a working crew for harvesting perishable agricultural products or who offers...
• 652.640   Itemized statement of compensation and deductions required.
  Each time a person who harvests perishable agricultural products receives compensation payments at a regular pay period or upon termination of employment, the producer, or...
• 652.710   Fees collected by employer for medical care contracts are trust funds; priority on liquidation; civil penalty; rules.
  (1) All moneys collected by an employer from employees or retained from their wages for the purpose of providing for or furnishing to such employees...
• 652.720   Prohibited use by employer of fees for medical care contracts withheld from employee wages.
  (1) No employer shall retain, directly or indirectly, from employees or from their wages any part of the money collected or retained under ORS 652.710...
• 652.750   Inspection of records by employee; furnishing copy to employee; disposition of record on termination of employment; charge for copies.
  (1) As used in this section: (a) “Employer” has the meaning given that term in ORS 656.005. (b) “Personnel records” does not include records of...
• 652.900   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...
• 652.990   Criminal penalties.
  (1) Violation of ORS 652.020 (2) is a Class A violation. Every day’s violation is deemed a separate offense. (2) Any person, body corporate, general...

Last modified: August 7, 2008