2017 ORS 658.453¹
Civil penalty
  • disposition of funds
  • civil action by worker

(1) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed $2,000 for each violation by:

(a) A labor contractor who, without the license required by ORS 658.405 (Definitions for ORS 658.405 to 658.503) to 658.503 (Service of process when labor contractor unavailable), recruits, solicits, supplies or employs a worker.

(b) A labor contractor who fails to comply with ORS 658.415 (Application for license) (16).

(c) A labor contractor who fails to comply with ORS 658.440 (Requirements for labor contractors) (1), (2)(c) or (3).

(d) Any person who violates ORS 658.452 (Prohibitions relating to discharge of or discrimination against employee).

(e) A labor contractor who fails to comply with ORS 658.417 (Additional requirements for forestation activities) (1).

(f) Any person who uses an unlicensed labor contractor without complying with ORS 658.437 (Duties of labor contractors).

(2) Civil penalties under this section shall be imposed as provided in ORS 183.745 (Civil penalty procedures).

(3) All penalties recovered under this section shall be paid into the State Treasury and credited to the Farmworker Housing Development Account of the Oregon Housing Fund.

(4) After filing a complaint with the commissioner, in addition to any other penalty provided by law, a worker has a right of action against a labor contractor who violates ORS 658.417 (Additional requirements for forestation activities) (1) or (2), 658.440 (Requirements for labor contractors) or 658.452 (Prohibitions relating to discharge of or discrimination against employee) without exhausting any alternative administrative remedies. The action may not be commenced later than two years after the date of the violation giving rise to the right of action. The amount of damages recoverable for each violation under this subsection is actual damages or $1,000, whichever amount is greater. In any such action the court may award to the prevailing party, in addition to costs and disbursements, reasonable attorney fees at trial and appeal. [1979 c.883 §3; 1981 c.606 §5; 1981 c.897 §94; 1983 c.654 §7; 1989 c.164 §5; 1989 c.706 §21; 1991 c.734 §61; 1991 c.907 §3; 2001 c.310 §5; 2005 c.340 §5; 2007 c.160 §5; 2013 c.584 §20; 2017 c.676 §9]

Law Review Cita­tions

26 WLR 391 (1990)

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.