2017 ORS 652.332¹
Administrative proceeding for wage claim collection
  • court enforcement and review
  • rules

(1) In any case when the Commissioner of the Bureau of Labor and Industries has received a wage claim complaint which the commissioner could seek to collect through court action, the commissioner may instead elect to seek collection of such claim through administrative proceedings in the manner provided in this section, subject to the employer’s right to request a trial in a court of law. The commissioner may join in a single administrative proceeding any number of wage claims against the same employer. Upon making such election, the commissioner shall serve upon the employer and the wage claimant an order of determination directing the employer to pay to the commissioner the amount of the wage claim and any penalty amounts under ORS 279C.855 (Liability for violations) (1), 652.150 (Penalty wage for failure to pay wages on termination of employment) and 653.055 (Liability of noncomplying employer) (1) determined to be owed the wage claimant. Service shall be made in the same manner as service of summons or by certified mail, return receipt requested. The order of determination shall include:

(a) A reference to the particular sections of the statutes or rules involved;

(b) A short and concise statement of the basis for the amounts determined to be owed to each wage claimant;

(c) A statement of the party’s right to request a contested case hearing and to be represented by counsel at such a hearing, and of the employer’s right to a trial in a court of law, provided that any request for a contested case hearing or trial in a court of law must be received by the commissioner in writing within 20 days after receipt by the party of the order of determination;

(d) A statement that the employer must, within 20 days after receipt of the order of determination, either pay in full the wage claim and any penalties assessed, or present to the commissioner a written request for a contested case hearing or a trial in a court of law as provided in this section;

(e) A statement that failure to make a written request to the commissioner for a contested case hearing or a trial of the claim in a court of law within the time specified shall constitute a waiver of the right thereto and a waiver of the right to a trial by jury; and

(f) A statement that unless the written requests provided for in paragraph (c) of this subsection are received by the commissioner within the time specified for making such requests, the order of determination shall become final.

(2) Upon failure of the employer to pay the amount specified in the order of determination or to request a trial in a court of law within the time specified, and upon failure of any party to request a contested case hearing within the time specified, the order of determination shall become final.

(3) If a party makes a timely request for a contested case hearing, a hearing shall be held in accordance with the applicable provisions of ORS 183.415 (Notice of right to hearing) to 183.500 (Appeals) by the commissioner or the commissioner’s designee. The commissioner shall adopt rules for such hearing. In any hearing before the commissioner’s designee, the designee is authorized to issue the final order in the case. If the employer makes a timely request for a trial in a court of law, the commissioner may proceed against the employer as provided in ORS 652.330 (Powers and duties of commissioner in enforcing wage claims) (1)(b).

(4) Final administrative orders issued in a wage claim proceeding are subject to review by the Court of Appeals as provided in ORS 183.480 (Judicial review of agency orders) and 183.482 (Jurisdiction for review of contested cases).

(5) When an order issued under this section becomes final, it may be recorded in the County Clerk Lien Record in any county of this state. In addition to any other remedy provided by law, recording an order in the County Clerk Lien Record pursuant to the provisions of this section has the effect provided for in ORS 205.125 (County Clerk Lien Record) and 205.126 (Enforcement of order or warrant recorded in County Clerk Lien Record), and the order may be enforced as provided in ORS 205.125 (County Clerk Lien Record) and 205.126 (Enforcement of order or warrant recorded in County Clerk Lien Record).

(6) Where the wage claim arose out of work performed by the claimant for the employer on any public works project to which ORS 279C.830 (Provisions concerning prevailing rate of wage in specifications, contracts and subcontracts) or 279C.840 (Payment of prevailing rate of wage) applies, and a state agency holds sufficient funds as retainage on such project to pay such claim or any portion thereof, the state agency may, at the request of the commissioner, pay to the commissioner from the retainage all or part of the amount due on the claim under the final order. [1979 c.695 §4; 1981 c.594 §3; 1989 c.706 §19; 1995 c.82 §1; 1997 c.387 §6; 2003 c.794 §309]

Atty. Gen. Opinions

Validity of 10-hour day, 40-hour week without overtime in public employ­ment, (1972) Vol 35, p 1083

Notes of Decisions

Where employer was charged with crim­i­nal viola­tion of Massachusetts pay­ment of wages statute for failing to pay discharged employees for their unused vaca­tion time, employer’s policy of paying discharged employees for unused vaca­tion time was not “employee welfare benefits plan” under sec­tion 3 (1) of Employee Retire­ment Income Security Act of 1974 (ERISA) and crim­i­nal ac­tion to enforce that policy is therefore not foreclosed by sec­tion 514 (a) of ERISA. Massachusetts v. Morash, 490 U.S. 107, 109 S. Ct. 1668, 104 L.Ed 98 (1989)

It is unnecessary to imply private right of ac­tion for employee against secured creditor in pos­ses­sion under ORS 652.310 (Definitions of employer and employee) to 652.405 (Disposition of wages collected by commissioner when payment cannot be made to person entitled thereto) when to do so would render pro­vi­sions of ORS 652.110 (Method of paying employees) to 652.250 (Public employee’s wages as affected by absence to engage in search or rescue operation) superfluous. Stout v. Citicorp Industrial Credit, Inc., 102 Or App 637, 796 P2d 373 (1990), Sup Ct review denied

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.