ORS 659.825¹
Employer failing to make agreed payments to employee benefit fund

Whenever an employer has agreed in writing with any employee to make payments to a health and welfare, dental, pension, vacation, apprenticeship and industry fund or any other such plan for the benefit of the employees, or has entered into a collective bargaining agreement providing for such payments, it shall be unlawful for such an employer willfully or with intent to defraud to fail to make the payments required by the terms of any such agreement. [Formerly 659.320]

(formerly 659.320)

Notes of Decisions

The employer’s status as trustee is not converted to that of fiduciary for purposes of the federal Bankruptcy Act exempting from discharge debts created by the bankrupt’s misappropria­tion or defalca­tion while acting in a fiduciary capacity. In re Thornton, 544 F2d 1005 (1976)

1 Legislative Counsel Committee, CHAPTER 659—Miscellaneous Prohibitions Relating to Employment and Discrimination, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors659.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 659, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano659.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information