ORS 658.410
Labor contractor license requirement

  • issuance
  • rules

(1)

Except as provided by ORS 658.425 (Temporary permit pending issuance of license) 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 the forestation or reforestation of lands unless the person possesses a valid farm labor contractor’s license with the indorsement required by ORS 658.417 (Additional requirements for forestation activities) (1). The Bureau of Labor and Industries shall make rules for the issuance of duplicate licenses in the event of the loss or destruction of original licenses.

(2)

Labor contractor licenses may be issued by the commissioner only as follows:

(a)

To a natural person operating as a sole proprietor under the person’s own name or under an assumed business name registered with the Office of Secretary of State.

(b)

To two or more natural persons operating as a partnership or as a limited liability partnership under their own names or under an assumed business name registered with the Office of Secretary of State.

(c)

Except as provided in subsection (3) of this section, to the majority shareholder or majority shareholders of a corporation or a limited liability company that is licensed to operate as a labor contractor.

(d)

Except as provided in subsection (3) of this section, to a corporation or a limited liability company whose majority shareholder or majority shareholders are also licensed to operate as a labor contractor and that is authorized to do business in Oregon by the Office of Secretary of State.

(e)

To a cooperative corporation authorized to do business in Oregon by the Office of Secretary of State.

(f)

To a private nonprofit corporation authorized to do business in Oregon by the Office of Secretary of State and designated by the Internal Revenue Service as exempt under section 501(c)(3) of the Internal Revenue Code, provided:

(A)

Intentionally left blank —Ed.
(i)
The purpose of the corporation is to provide education or training; and
(ii)
Workers recruited, solicited, supplied or employed by the corporation are recruited, solicited, supplied or employed only for the purpose of educating or training the workers in construction, in the forestation or reforestation of lands or in the production or harvesting of farm products; or

(B)

For at least five years before the corporation files an application for a labor contractor license, the corporation has been:
(i)
Authorized to do business in Oregon by the Office of Secretary of State;
(ii)
Primarily engaged in recruiting, soliciting, supplying or employing workers; and
(iii)
Designated by the Internal Revenue Service as exempt under section 501(c)(3) of the Internal Revenue Code.

(g)

For a farm labor contractor license only, to an agricultural association that is authorized to do business in Oregon by the Office of Secretary of State.

(h)

For a property services contractor license only:

(A)

To any of the business entities described in paragraphs (b) to (f) of this subsection, provided that each entity includes with the application for a license under ORS 658.415 (Application for license) the names and addresses of one or more individuals who are responsible, financially and otherwise, for fulfilling the entity’s obligations consistent with the provisions of ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.511 (Wage claim against property services contractor or construction labor contractor).

(B)

To a private nonprofit corporation authorized to do business in Oregon by the Office of Secretary of State and designated by the Internal Revenue Service as exempt under section 501(c)(3) of the Internal Revenue Code provided that the corporation is primarily engaged in recruiting, soliciting, supplying or employing workers.

(3)

The majority shareholder or majority shareholders of a corporation or limited liability company are not required to be licensed under this section if the corporation or limited liability company:

(a)

Intentionally left blank —Ed.

(A)

Publicly trades its shares of stock on a stock exchange regulated by the United States Securities and Exchange Commission; or

(B)

Has 10 or more shareholders and demonstrates to the satisfaction of the commissioner that the corporation or limited liability company is adequately capitalized; and

(b)

Is authorized to do business in Oregon by the Office of Secretary of State. [1959 c.395 §2; 1961 c.390 §2; 1983 c.476 §1; 1983 c.654 §4; 1989 c.164 §2; 1999 c.628 §2; 2001 c.178 §1; 2013 c.584 §4; 2018 c.8 §2]

Source: Section 658.410 — Labor contractor license requirement; issuance; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors658.­html.

Notes of Decisions

Failure of farm labor contractor to have license does not cause contract with third party using contractor’s services to be illegal and unenforceable as contrary to public policy. Mayfly Group, Inc. v. Ruiz, 208 Or App 219, 144 P3d 1025 (2006), Sup Ct review denied

658.005
Definitions for ORS 658.005 to 658.245
658.008
Purpose
658.015
Exemptions from ORS 658.005 to 658.245
658.019
Rehabilitation services agency exemption
658.065
Employment agency business not to be conducted in certain places
658.075
Agency to file security
658.078
Record keeping
658.115
Civil penalties
658.125
Judicial review
658.145
Schedule of charges
658.155
Posting and furnishing schedule of charges
658.165
Order necessary before referral or charge to be made
658.168
Contract requirements
658.172
Job referral requirements
658.174
Contracts in violation of law prohibited
658.176
Fees and charges for services
658.185
Limitation on charges
658.195
Giving false information or making false representations
658.205
Prohibited agency employment activities
658.210
Rules
658.220
Injunctive relief for violation
658.245
Actions upon agency bonds or letters of credit
658.250
Employment listing service
658.405
Definitions for ORS 658.405 to 658.511
658.407
Administration and enforcement of ORS 658.405 to 658.511
658.410
Labor contractor license requirement
658.411
Licensing subject to employee indorsement
658.412
License examination
658.413
Fee schedule for licenses, indorsements and renewals
658.415
Application for license
658.416
Reduction of bond or deposit
658.417
Additional requirements for forestation activities
658.418
Exemption from certain requirements
658.419
Proof of financial responsibility from agricultural associations and certain nonprofit corporations
658.420
Investigation of applicant
658.425
Temporary permit pending issuance of license
658.427
Duty of commissioner to establish procedures for licensing of property services contractors
658.428
Rules must require property services contractors to provide professional training
658.430
Form of license
658.435
Expiration and renewal of licenses
658.437
Duties of labor contractors
658.440
Requirements for labor contractors
658.445
Revocation, suspension or refusal to renew license
658.450
Applicability of Administrative Procedures Act
658.452
Prohibitions relating to discharge of or discrimination against employee
658.453
Civil penalty
658.455
Disposition of moneys received
658.465
Liability of person using services of unlicensed labor contractor
658.467
Liability of member of agricultural association
658.475
Injunctive relief and damages for violation of ORS 658.405 to 658.511
658.480
Authority of commissioner to enter into reciprocal agreements
658.485
Transfer of funds collected under reciprocal agreements
658.487
Certain agreements void
658.489
Failure or refusal of labor contractor to pay claim
658.501
Application of ORS 658.405 to 658.511
658.503
Service of process when labor contractor unavailable
658.511
Wage claim against property services contractor or construction labor contractor
658.705
Definitions for ORS 658.705 to 658.850
658.715
Farmworker camp operator requirements
658.717
Notice of farmworker camp operations
658.720
Certain agreements void
658.730
Farm labor contractor indorsement to operate farmworker camp
658.735
Bond required
658.740
Revocation, suspension, refusal to issue or renew indorsement
658.750
Camp operator registration
658.755
Farmworker camp operator duties
658.760
Prohibited actions by operator
658.780
Protest of registration
658.785
Revocation or suspension of registration
658.790
Uninhabitable camp
658.800
Service of process on unregistered farmworker camp operator
658.805
Denial of right to court action in certain cases
658.810
Fees
658.815
Disposition of moneys
658.820
Rules
658.825
Determination of violation of other provisions required
658.827
Department to report violations
658.830
Interagency coordination agreement
658.850
Civil penalties
658.991
Criminal penalties
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