Oregon Revised Statutes
As used in ORS 658.005 to 658.245, unless the context requires otherwise: “Applicant for employment” or “applicant” means an individual who is seeking or who has obtained employment through the services of an employment agency. “Charge for services” means any money or other consideration paid or promised to be paid by an applicant for employment for servic…
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 employment agencies. To accomplish this purpose the Legislative Assembly intends: To provide a procedure for determining where employment agencies will be operated in this state. To assure the public that persons operati…
ORS 658.005 to 658.245 do not apply to: Labor contractors subject to ORS 658.405 to 658.511; or A temporary staffing agency as defined in ORS 676.695. ORS 658.005 to 658.245 do not apply to any nonprofit organization or corporation organized for the purpose of economic adjustment, civic betterment and the giving of professional guidance and placement to i…
ORS 658.005 to 658.245 do not apply to a rehabilitation services agency. As used in this section: A “rehabilitation services agency” means an individual, partnership or corporation that: Holds itself out to the public as such; Is certified by the Department of Consumer and Business Services to perform rehabilitation services pursuant to ORS chapter 656; …
The business of an employment agency shall not be conducted or maintained in any of the following places: In rooms also used for living or sleeping quarters or in other rooms connected thereto by an entrance. In places where boarders or lodgers are kept. In places where meals are served. In places where intoxicating liquors are sold or consumed.
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 of $5,000, payable to the people of the State of Oregon, conditioned that the employment agency will comply with ORS 658.005 to 658.245 and will pay: All sums legally owing to any person when the employment…
Each employment agency shall keep accurate and current records of all job orders, referrals, applications, advertisements and other records as determined by rule of the Commissioner of the Bureau of Labor and Industries to be reasonably necessary for the administration of ORS 658.005 to 658.245, and shall maintain those records separate from records of any o…
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 against any person, firm, organization, limited liability company or corporation that has violated any provisions of ORS 658.005 to 658.245 or 658.250 or the rules adopted pursuant thereto. Civil penalties …
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 chapter 183.
Every employment agency shall publish a schedule of charges for service to be collected in the conduct of its business. In the schedule, the various employments shall be classified according to the method of computing the agency’s fee for services, and the maximum fee shall be fixed and shall include the charges for services of every kind rendered by the age…
A copy of the schedule of charges for service in effect with the changes noted thereon shall be kept posted in the employment agency in a conspicuous place. The posted schedule and the changes therein shall be in lettering or printing of not less than 12-point type. The date of the taking effect of the schedule and of each change therein shall appear on the …
No employment agency shall accept a charge for service from an individual seeking employment or refer an individual to an employer without having first obtained, orally or in writing, a bona fide order from an employer seeking help which is to be answered by the individual. If an employment agency sends an applicant for employment and the applicant, within …
The contract between an employment agency and an applicant for whom such agency is to procure employment and from whom a charge for services is to be exacted or attempted to be collected shall be in writing. The agency shall give the applicant a copy of the contract. The contract between the employment agency and the applicant shall include: The name, addr…
Any job referrals between an employment agency and an applicant for whom such agency is to procure employment and from whom a charge for services is to be exacted or attempted to be collected shall be in writing. The employment agency shall give the applicant a copy of the job referral document. The job referral document, which shall be assigned the same nu…
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, or attempt to fill an order for help to be employed in violation of law.
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 work. However, the employment agency may specify the terms of payment in the contract, or, after the applicant accepts employment, but before starting work, enter into an agreement for the payment of the …
As used in this section: “Permanent employment” means all employment that lasts 90 calendar days or more. “Temporary employment” means employment that is contemplated at the time of referral by an employment agency to last less than 90 calendar days regardless of the reason for termination of the employment. If an individual is employed in temporary emplo…
No employment agency shall knowingly publish or cause to be published any false, fraudulent or misleading information, representation, notice or advertisement. All advertisements of an employment agency by means of cards, circulars or signs, and in newspapers and other publications, and all letterheads, receipts and blanks shall contain the name and address…
No employment agency shall send or cause to be sent any person as an employee to any illegally operated business the character of which the agency could have ascertained upon reasonable inquiry. No employment agency shall knowingly permit any person of bad character to frequent, or be employed by, such agency. No employment agency shall permit persons in i…
The Commissioner of the Bureau of Labor and Industries may adopt rules reasonably necessary for the administration of ORS 658.005 to 658.245. Note: 658.210 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 658 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further exp…
When it appears to the Commissioner of the Bureau of Labor and Industries that any person is engaged or about to engage in an act or practice that constitutes a violation of ORS 658.005 to 658.245 or the rules adopted pursuant thereto, the commissioner may, without bond, obtain an order from an appropriate circuit court enjoining any such act or practice. Th…
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 credit maintained by the employment agency pursuant to ORS 658.075 and may be transferred and assigned as other claims for damages. The amount of damages claimed by the plaintiff determines the jurisdiction of the court in which …
As used in this section, “employment listing service” means a business operated by a person that: Provides lists of specified positions of employment available with an employer other than the employment listing service or that holds itself out to individuals as able to provide information about specific positions of employment with an employer other than th…
As used in ORS 658.405 to 658.511 and 658.991 (2) and (3), unless the context requires otherwise: “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 labor contractor solely on behalf of members of the association. “Construction labor…
The Commissioner of the Bureau of Labor and Industries shall administer and enforce ORS 658.405 to 658.511, and in so doing shall: Investigate and attempt to adjust equitably controversies between labor contractors and their workers with respect to claims arising under ORS 658.415 (3) or 658.419. Take appropriate action to establish the liability or lack t…
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 (3) of this section, a person may not act as a farm labor contractor with regard to…
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: The employee’s employer has filed with the Commissioner of the Bureau of Labor and Industries a signed statement, in a form required by the…
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 manage the business of a labor contractor. The examination must also test the appli…
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 to administer ORS 658.405 to 658.511 and 658.705 to 658.850. Annual fees may not exc…
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 Bureau of Labor and Industries. The application shall be sworn to by the applicant and s…
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 of labor contractors, and that no valid claims for unpaid wages have been made …
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: Obtain a special indorsement from the Commissioner of the Bureau of Labor and Industries on the license required by ORS 658.410 that authorizes…
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 ORS 658.415 (3) for the license year if the commissioner finds that the labor co…
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 continually maintain thereafter, until excused, a corporate surety bond of a company licensed …
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 as a labor contractor. The commissioner shall issue a license within 15 days after t…
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: The application is complete on its face. The applicant has furnished satisfactory evidence of adequate insurance under rules issued by the Commissioner …
The Commissioner of the Bureau of Labor and Industries shall establish, by rule, procedures for the licensing of property services contractors. Rules adopted under this section must require that a property services contractor provide the following information to the commissioner: The total number of employees employed by the property services contractor wh…
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 manage or supervise those employees, in order to: Prevent sexual assault and sexual ha…
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: The name and address of the licensee and a statement that the license is not valid after the expiration date. The number, date of issuance and expiration date of the license. A statement that …
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. Applications for renewal of the license shall be made 30 days prior to the expiration date by payment of the fee established under ORS 65…
Prior to beginning work on any contract or other agreement the labor contractor shall: Display the license or temporary permit to the person to whom workers are to be provided, or the person’s agent; and Provide the person to whom workers are to be provided, or the person’s agent with a copy of the license or temporary permit. Prior to allowing work to be…
Each person acting as a labor contractor shall: 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. File immediately at the United States post office serving the labor contractor’s address, as noted on the face of the license, a corre…
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: The licensee or agent has violated or failed to comply with any provision of ORS 658.405 to 658.511 and 658.991 (2) and (3); The conditions under whi…
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. All rules of the Bureau of Labor and Industries under ORS 658.405 to 658.511 shall be issued in compliance with ORS chapter 183.
A labor contractor or employer may not discharge or in any other manner discriminate against any employee because: The employee has made a claim against the labor contractor or employer for compensation for the employee’s own personal services. The employee has caused to be instituted any proceedings under or related to ORS 658.405 to 658.511. The employe…
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 labor contractor who, without the license required by ORS 658.405 to 658.511, recruits, solicits, supplies or employs a worker. A labor contractor who fails to comply with ORS 658.…
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 658.511 and 658.705 to 658.850 shall be credited and used as provided in ORS 658.413.
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). A surety insurer may not provide any bond, undertaking, recognizance or other obligation for the purpose of secur…
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 actions were requested, authorized, approved or ratified by the member.
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 658.511, or rules promulgated pursuant thereto, from committing future violations. …
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 authorizes the reciprocal enforcement of statutes regulating farm labor contractors in…
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 from sums collected to defray the administrative costs of ORS 658.480. Amounts r…
Agreements by employees purporting to waive or to modify their rights under this chapter are void as contrary to public policy.
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 contract or agreement may pay such claim to the person furnishing the labor or services o…
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 workers in this state to perform work outside this state, the recruitment of workers outsi…
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 and complaint to: The Commissioner of the Bureau of Labor and Industries; The …
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 under ORS chapters 652 and 653 or ORS 658.415.
FARMWORKER CAMPS (General Provisions)
As used in ORS 658.705 to 658.850: “Applicant” means an individual who proposes to operate a farmworker camp and who is applying for a camp operator indorsement under ORS 658.730. “Bureau” means the Bureau of Labor and Industries. “Commissioner” means the Commissioner of the Bureau of Labor and Industries. “Department” means the Department of Consumer an…
A person may not operate a farmworker camp unless the person: 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; Has a substantial ownership interest in the real property, subject to farm use special assessment under ORS 308A.050 to 308A.128, on which the ca…
Every farmworker camp operator shall: 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. The notice provided by the department under subsection (1) of this section shall be published in English and…
Agreements by workers purporting to modify their rights under ORS 658.705 to 658.850 shall be void as contrary to public policy. (Farm Labor Contractor Indorsement)
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 to, provisions prescribing: The form and content of and the times and procedures fo…
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 658.415, whichever is greater. This bond shall satisfy the bond required by ORS 658.415. I…
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: Indorsee has violated or failed to comply with any provision of ORS 658.705 to 658.850 or any of the rules adopted the…
Every farmworker camp operator shall register with the Department of Consumer and Business Services each farmworker camp operated by the operator. The department shall establish, by rule, procedures for annual registration of farmworker camps. The department may adopt any other rule necessary to implement the provisions of ORS 658.705 to 658.850. Upon rece…
Every farmworker camp operator shall: If a farm labor contractor, comply with the provisions of ORS 658.405 to 658.511. Comply with ORS chapter 654 and the administrative rules of the Department of Consumer and Business Services adopted pursuant to ORS chapter 654. Comply with all applicable building codes and health and safety laws. Comply with ORS 659A…
No farmworker camp operator shall discharge, evict or in any other manner discriminate against any person because that person: Has made a claim against the operator or employer for compensation for the occupant’s own personal services. Has caused to be instituted any proceedings under or related to ORS 658.705 to 658.850. Has testified or is about to test…
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.
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: Camp is no longer in compliance with the provisions of ORS 658.705 to 658.850 or any rules adopted thereunder; Conditions under which the registration was accepted have changed or no lon…
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 Business Services, for seven days or until the camp is made habitable, whichever is l…
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 served by mailing a certified true copy of the summons and complaint to: The Commi…
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 directly or indirectly or maintain any suit or action in the courts of this state involv…
As used in this section, “landowner” means any person that has a substantial ownership interest in real property. 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 farmworker camp shall be jointly and severally liable with the person acting as the farmwork…
Fees required for farmworker camp indorsements shall be established under ORS 658.413.
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 Bureau of Labor and Industries Account. Notwithstanding ORS 651.160 (1) and 658.413 (4), moneys credited to the account under this subsection are continuously appropriated for the enforcement of ORS 658.705 to 658…
The Commissioner of the Bureau of Labor and Industries may adopt rules necessary for the administration of ORS 658.705 to 658.850. All rules adopted under ORS 658.705 to 658.850 shall be issued in compliance with ORS 183.310 to 183.410. All proceedings relating to the issuance, revocation, suspension, renewal or refusal to renew an indorsement to act as a …
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 any rule adopted thereunder, or assess penalties under ORS 658.850 for violations of ORS chapter 654 or any rule adopted thereunder unless the Department of Consumer and Business Services has determined that the o…
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 violation of this chapter observed by department staff.
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 application of all laws the department and the commissioner are charged with administering with respect to farm labor camps.
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 of any provision of ORS 658.705 to 658.850. Civil penalties under this section shall be imposed as provided in ORS 183.745. The commissioner may suspend a penalty issued under ORS 658.70…
PENALTIES
Violation of ORS 658.005 to 658.245 or 658.250 is a Class C misdemeanor. Violation of ORS 658.452 is a Class A misdemeanor. Any person who intentionally defaces, alters or changes a license or permit to act as a labor contractor, or who uses the license or permit of another or knowingly permits that person’s license or permit to be used by another, or who …