2017 ORS 658.405¹
Definitions for ORS 658.405 to 658.503

Caution-flag-2-25x25
This section is amended
Effective March 12, 2018
Relating to requirements for labor contractors; creating new provisions; amending ORS 658.405, 658.410, 658.411, 658.412, 658.415, 658.428, 658.440 and 658.501; and declaring an emergency.

As used in ORS 658.405 (Definitions for ORS 658.405 to 658.503) to 658.503 (Service of process when labor contractor unavailable) and 658.991 (Criminal penalties) (2) and (3), unless the context requires otherwise:

(1) “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.

(2)(a) “Construction labor contractor” includes any person that:

(A) For an agreed remuneration or rate of pay, recruits, solicits, supplies or employs workers to perform labor for another in construction;

(B) For an agreed remuneration or rate of pay, recruits, solicits, supplies or employs workers on behalf of an employer engaged in construction; or

(C) Enters into a subcontract with another for any of the activities described in subparagraph (A) or (B) of this paragraph.

(b) “Construction labor contractor” does not include:

(A) A person that has a construction contract with an owner of real property where the construction work is performed;

(B) A person that has obtained building permits to perform construction work;

(C) A person that supplies building materials or machinery, other than manual tools or hand-operated power tools, for a construction project;

(D) An owner of real property engaged in the solicitation or recruitment of persons to perform construction work on the owner’s property;

(E) The Employment Department;

(F) A crew leader;

(G) Individuals who perform labor pursuant to an agreement for exchanging their own labor or services with each other, provided the work is performed on land owned or leased by the individuals;

(H) An educational institution that is recognized as such by the Department of Education;

(I) A labor union;

(J) A local joint apprenticeship committee formed under ORS 660.135 (Local joint committees); or

(K) A staffing agency whose primary purpose is to provide workers to the client employers of the agency under the terms of a client agreement, if the agency provides workers’ compensation coverage for all employees as required by ORS chapter 656 and pays employment and income taxes in accordance with applicable law.

(3) “Crew leader” means the member of a group of workers who acts as spokesman for the group, travels with the group from another state into Oregon and performs the same work along with other group members. A crew leader may transport workers from their local place of residence to their place of employment so long as the crew leader does not perform this service for a profit.

(4)(a) “Farm labor contractor” includes any person that:

(A) For an agreed remuneration or rate of pay, recruits, solicits, supplies or employs workers to perform labor for another person to work in forestation or reforestation of lands, including but not limited to the planting, transplanting, tubing, precommercial thinning and thinning of trees and seedlings, the clearing, piling and disposal of brush and slash and other related activities;

(B) For an agreed remuneration or rate of pay, recruits, solicits, supplies or employs workers to perform labor for another person in the production or harvesting of farm products;

(C) Recruits, solicits, supplies or employs workers to gather evergreen boughs, yew bark, bear grass, salal or ferns from public lands for sale or market prior to processing or manufacture;

(D) Recruits, solicits, supplies or employs workers on behalf of an employer engaged in these activities;

(E) In connection with the recruitment or employment of workers to work in these activities, furnishes board or lodging for such workers;

(F) Bids or submits prices on contract offers for those activities; or

(G) Enters into a subcontract with another for any of those activities.

(b) “Farm labor contractor” does not include:

(A) Farmers, including owners or lessees of land intended to be used for the production of timber, their permanent employees, advertising media, platoon leaders or individuals engaged in the solicitation or recruitment of persons for dayhaul work in connection with the growing, production or harvesting of farm products;

(B) The Employment Department;

(C) A crew leader;

(D) An individual who performs work, other than recruiting, supplying, soliciting or employing workers to perform labor for another, alone or only with the assistance of the individual’s spouse, son, daughter, brother, sister, mother or father;

(E) Individuals who perform labor pursuant to an agreement for exchanging their own labor or services with each other, provided the work is performed on land owned or leased by the individuals;

(F) An educational institution that is recognized as such by the Department of Education;

(G) A farmer who operates a farmworker camp, regulated under ORS 658.750 (Camp operator registration), who recruits, supplies, solicits or employs workers only for the farmer’s own operations, and has farmworkers living in the camp who are employed by another on no more than an incidental basis, and the farmer receives no remuneration by virtue of such incidental employment; or

(H) A labor union.

(5) “Labor contractor” means a construction labor contractor, a farm labor contractor or a property services contractor.

(6)(a) “Property services contractor” includes any person that:

(A) For an agreed remuneration or rate of pay, recruits, solicits, supplies or employs workers to perform labor for another person to provide services that include janitorial services;

(B) For an agreed remuneration or rate of pay, recruits, solicits, supplies or employs workers on behalf of an employer to provide services that include janitorial services; or

(C) Enters into a subcontract with another for any of the activities described in subparagraph (A) or (B) of this paragraph.

(b) “Property services contractor” does not include:

(A) The Employment Department;

(B) A crew leader;

(C) Individuals who perform labor pursuant to an agreement for exchanging their own labor or services with each other, provided the work is performed on land owned or leased by the individuals;

(D) An educational institution that is recognized as such by the Department of Education; or

(E) A labor union. [1959 c.395 §1; 1961 c.390 §1; 1975 c.502 §1; 1981 c.606 §1; 1983 c.654 §3; 1985 c.314 §1; 1987 c.158 §128; 1991 c.848 §1; 1995 c.73 §1; 1999 c.628 §1; 2013 c.584 §1; 2017 c.676 §1]

Notes of Decisions

Where parties to contract were domiciled and contracted in Oregon, contractor was licensed in Oregon and only relevant event that took place outside state was performance of labor, Oregon statute governing contracts between forestry contractors and workers is applicable to ac­tion for unpaid wages. Perez v. Coast to Coast Reforesta­tion Corp., 100 Or App 115, 785 P2d 365 (1990)

1 Legislative Counsel Committee, CHAPTER 658—Employment Agencies; Farm Labor Contractors and Construction Labor Contractors; Farmworker Camps, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors658.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 658, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano658.­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.