(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 farm labor contractor who, without the license required by ORS 658.405 to 658.503, recruits, solicits, supplies or employs a worker.
(b) A farm labor contractor who fails to comply with ORS 658.415 (15).
(c) A farm labor contractor who fails to comply with ORS 658.440 (1), (2)(c) or (3).
(d) Any person who violates ORS 658.452.
(e) A farm labor contractor who fails to comply with ORS 658.417 (1).
(f) Any person who uses an unlicensed farm labor contractor without complying with ORS 658.437.
(2) Civil penalties under this section shall be imposed as provided in ORS 183.745.
(3) All penalties recovered under this section shall be paid into the State Treasury and credited to the Farmworker Housing Development Account of the Oregon Housing Fund.
(4) After filing a complaint with the commissioner, in addition to any other penalty provided by law, a worker has a right of action against a farm labor contractor who violates subsection (1)(c), (d) or (e) of this section or ORS 658.440 (2)(a) or (b) without exhausting any alternative administrative remedies. The action may not be commenced later than two years after the date of the violation giving rise to the right of action. The amount of damages recoverable for each violation under this subsection is actual damages or $1,000, whichever amount is greater. In any such action the court may award to the prevailing party, in addition to costs and disbursements, reasonable attorney fees at trial and appeal. [1979 c.883 §3; 1981 c.606 §5; 1981 c.897 §94; 1983 c.654 §7; 1989 c.164 §5; 1989 c.706 §21; 1991 c.734 §61; 1991 c.907 §3; 2001 c.310 §5; 2005 c.340 §5; 2007 c.160 §5]Section: Previous 658.430 658.435 658.437 658.440 658.445 658.450 658.452 658.453 658.455 658.465 658.467 658.475 658.480 658.485 658.487 Next
Last modified: August 7, 2008