Title 51 — LABOR AND EMPLOYMENT; UNLAWFUL DISCRIMINATION
As used in this chapter, unless the context requires otherwise: “Bureau” means the Bureau of Labor and Industries. “Commissioner” means the Commissioner of the Bureau of Labor and Industries. BUREAU OF LABOR AND INDUSTRIES; COMMISSIONER
The Bureau of Labor and Industries hereby is established as a separate department of this state.
The Bureau of Labor and Industries shall be under the control of the Commissioner of the Bureau of Labor and Industries which office hereby is created. The Commissioner of the Bureau of Labor and Industries shall be elected for a term of four years. The Commissioner of the Bureau of Labor and Industries shall be a citizen of this state who has been a resid…
The Commissioner of the Bureau of Labor and Industries shall, before entering upon the duties of the office of the commissioner, execute a bond to the state in the sum of $5,000, conditioned upon the faithful, honest and impartial performance of the duties under ORS 651.030, 651.050, 651.060, 651.120, 651.160 and 651.170 and upon the prompt and faithful acco…
The Commissioner of the Bureau of Labor and Industries shall cause to be enforced: All laws regulating the employment of adults and minors. All laws established for the protection of the health, lives and limbs of persons employed in workshops, factories, mills and other places. All laws enacted for the protection of employees. Laws which declare it to b…
The Commissioner of the Bureau of Labor and Industries may conduct investigations, issue subpoenas and subpoenas duces tecum, administer oaths, obtain evidence and take testimony in all matters relating to the duties required under ORS 279C.800 to 279C.870, 651.030, 651.050, 651.120 and 651.170 and ORS chapters 652, 653, 658 and 659A and in all contested cas…
If, upon entry of judgment and expiration of any time period for timely filing of notice of appeal, an amount due to the Bureau of Labor and Industries is not paid within 30 days of the date payment becomes due, and no provision has been made to secure the payment, the Commissioner of the Bureau of Labor and Industries may issue a warrant. The warrant may be…
The Bureau of Labor and Industries shall prepare a model respectful workplace policy that employers may adopt. In preparing the model policy, the bureau shall take into consideration existing respectful workplace policies. The bureau shall create informational materials that identify the harms to employees and employers caused by workplace bullying and make…
The Employer Assistance Division is established within the Bureau of Labor and Industries. The purpose of the division is to provide education, training and interpretive guidance, including advisory opinions, to employers to assist employers in complying with laws that are enforced by the bureau.
As used in this section: “Advisory opinion” has the meaning given that term in ORS 651.100. “Discussion communications” means: All communications, written and oral, that are made in the course of or in connection with a discussion between an employer and the Employer Assistance Division of the Bureau of Labor and Industries. All memoranda, work products,…
As used in this section and ORS 651.080, “advisory opinion” means written guidance: On the interpretation or application of a provision of law over which the Bureau of Labor and Industries has enforcement authority to an actual or hypothetical circumstance. Concerning topics over which the bureau has enforcement authority and that the Employer Assistance D…
The Bureau of Labor and Industries may assist and cooperate with the United States Department of Labor in the enforcement within this state of the Fair Labor Standards Act of 1938. Subject to the regulations of the United States Department of Labor and the laws of this state applicable to the receipt and expenditure of moneys, the bureau may be reimbursed by…
The Commissioner of the Bureau of Labor and Industries may: Enter any factory, mill, office, workshop, or public or private works, at any reasonable time, for the purpose of gathering facts such as are contemplated by ORS 279C.850, 652.330, 653.045 and 659A.835. Examine into the methods of protection from danger to employees, and the sanitary conditions in…
Notwithstanding any provision of law governing the confidentiality or disclosure of information, the Bureau of Labor and Industries may enter into an interagency agreement with a state agency to receive from the state agency a business name, address, electronic mail address, telephone number or state-generated common identification number or the nature of a …
The Commissioner of the Bureau of Labor and Industries may enter into a settlement with respect to any violation of a provision of law over which the Bureau of Labor and Industries has jurisdiction. The commissioner may take steps to settle the matter through conference, mediation, conciliation, persuasion or other alternative dispute resolution processes, t…
There hereby is established in the General Fund in the State Treasury an account to be known as the Bureau of Labor and Industries Account. Except as otherwise provided by law, all fees of whatever kind, and moneys received or collected by the Bureau of Labor and Industries, from every source, and paid into the State Treasury pursuant to law shall be credite…
The Commissioner of the Bureau of Labor and Industries may incur such expense and employ such clerical aids as may be necessary to carry out ORS 651.030, 651.050, 651.060 and 651.120. The Oregon Department of Administrative Services may draw warrants on the State Treasurer for the payment of such expense upon properly verified vouchers approved by the commis…
The Prevailing Wage Education and Enforcement Account is created in the General Fund of the State Treasury. All moneys in the account are appropriated continuously to the Commissioner of the Bureau of Labor and Industries to: Administer and provide investigations under and enforce the provisions of ORS 279C.800 to 279C.870; Provide educational programs on …
As used in this section: “Hospital” has the meaning given that term in ORS 442.015. “Report” means any report or survey showing the demographics of an employer’s workforce by race, ethnicity, sex and job categories, that is required by: The United States Equal Employment Opportunity Commission in accordance with 42 U.S.C. 2000e-8(c); or The United States…
Civil penalties under ORS 651.190 shall be imposed in accordance with ORS 183.745 and may not exceed $500 for each day of noncompliance. All sums collected as civil penalties under this section must first be applied toward reimbursement of the costs incurred in determining the violations, conducting hearings and assessing and collecting the penalty. The rem…
As used in this section and ORS 651.205: “Live entertainment” means a presentation given in major part by humans to a live audience. “Live entertainment facility” means a place of public accommodation: That contains 600 or fewer fixed seats; That is operated for profit; That is privately owned; For which the performance of live entertainment is a contr…
The operator of a live entertainment facility shall display the poster developed by the Commissioner of the Bureau of Labor and Industries under subsection (2) of this section in a conspicuous manner in a sufficient number of places in the establishment to be read by all persons working in the establishment. The Commissioner of the Bureau of Labor and Indus…
PENALTIES
Willful neglect or refusal by any person subpoenaed under ORS 651.060 to attend or testify at the time and place named in the subpoena is a Class C misdemeanor. Violation of ORS 651.120 (2) is a Class C misdemeanor. _______________