2017 ORS 658.411¹
Licensing subject to employee indorsement
  • terms and conditions

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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.

(1) An employee of a labor contractor who is licensed under ORS 658.405 (Definitions for ORS 658.405 to 658.503) to 658.503 (Service of process when labor contractor unavailable) may be licensed as a labor contractor subject to an employee indorsement if the employee continuously meets all of the following conditions:

(a) 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 commissioner, agreeing to sponsor the application and to notify the commissioner promptly upon termination of the employment of the employee;

(b) The employee engages in activities that would require licensing as a labor contractor solely on behalf of the employer;

(c) The employee does not personally employ any workers and is not responsible for paying any workers;

(d) The employer maintains proof of financial responsibility;

(e) The employer’s license remains in good standing; and

(f) The employee meets all of the conditions for licensing as a labor contractor, except as provided in this section.

(2) A labor contractor subject to an employee indorsement acting in compliance with subsection (1) of this section need not:

(a) Provide proof of financial responsibility under ORS 658.415 (Application for license) (3).

(b) Comply with ORS 658.440 (Requirements for labor contractors) (1)(j).

(3) The license of a labor contractor subject to an employee indorsement shall state the conditions contained in subsection (1) of this section on its face and shall state that a labor contractor subject to an employee indorsement who operates out of compliance with these restrictions is an unlicensed labor contractor.

(4) A labor contractor who employs another labor contractor is personally, jointly and severally liable for any damages, attorney fees or costs awarded against the employee for the actions of the labor contractor employee undertaken within the scope of employment, or for actions of the employee that the employee takes under color of an employee’s license subject to an employee indorsement that are known, or reasonably should have been known, by the employer. In the case of a labor contractor that is a corporation, both the corporation and the licensed majority shareholder or shareholders are so liable. [1995 c.73 §3; 2005 c.340 §3; 2007 c.160 §4; 2013 c.584 §5]

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.