2017 ORS 652.035¹
Violations of certain laws relating to maximum working hours and minimum employment conditions
  • remedies
  • retaliation prohibited

(1) Any employee asserting a violation of ORS 652.020 (Maximum working hours in certain industries), 653.263 (Overtime for persons employed by seafood processors) or 653.265 (Overtime for persons employed in canneries, driers and packing plants) may file a complaint with the Commissioner of the Bureau of Labor and Industries under ORS 659A.820 (Complaints) or a civil action as provided in ORS 659A.885 (Civil action).

(2) In addition to any other damages provided by law, the commissioner may assess a civil penalty against the employer in the amount of $1,000.

(3) The commissioner shall waive 50 percent of the amount of any civil penalty imposed by order under this section if the commissioner determines that the employer paid the full remedy due, not including any civil penalty, within 14 days after the order imposing the remedy became final by operation of law or on appeal.

(4) Civil penalties authorized by this section shall be imposed in the manner provided in ORS 183.745 (Civil penalty procedures).

(5) An employer may not retaliate or in any way discriminate against an individual with respect to hire or tenure or any other term or condition of employment because the individual has inquired about the provisions of this section or ORS 652.020 (Maximum working hours in certain industries), 653.261 (Minimum employment conditions) or 653.265 (Overtime for persons employed in canneries, driers and packing plants) or has reported a violation to, or filed a complaint with, the Bureau of Labor and Industries. [2017 c.685 §11]

Note: 652.035 (Violations of certain laws relating to maximum working hours and minimum employment conditions) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 652 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

1 Legislative Counsel Committee, CHAPTER 652—Hours; Wages; Wage Claims; Records, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors652.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 652, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano652.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.