ORS Chapter 652

Chapter 652 — Hours;Wages; Wage Claims; Records

 

2009 EDITION

 

HOURS;WAGES; WAGE CLAIMS; RECORDS

 

LABOR,EMPLOYMENT; UNLAWFUL DISCRIMINATION

 

HOURSOF LABOR

 

652.010     Declarationof public policy concerning maximum working hours in certain industries

 

652.020     Maximumworking hours in certain industries; overtime hours and pay; exemptions

 

652.030     Enforcementof ORS 652.010 and 652.020 dependent upon like laws in other states

 

652.040     Maximumworking hours in mines

 

652.050     Definitionsfor ORS 652.050 to 652.080

 

652.060     Maximumworking hours for firefighters

 

652.070     Overtimepay for firefighters

 

652.080     Computinghours on duty for purposes of ORS 652.060 and 652.070

 

PAYMENTAND COLLECTION OF WAGES GENERALLY

 

652.110     Methodof paying employees; agreement on method of payment; revocation of agreement

 

652.120     Establishingregular payday; pay intervals; agreement to pay wages at future date

 

652.125     Bondrequired when failure to make timely wage payment occurs; court to enjoinbusiness of employer failing to provide bond

 

652.130     Paymentof wages due persons employed on piece work scale or quantity basis in forestproduct industries; furnishing statement of scale or quantity produced

 

652.140     Paymentof wages on termination of employment; exception for collective bargaining

 

652.145     Paymentof wages for seasonal farmworkers

 

652.150     Penaltywage for failure to pay wages on termination of employment

 

652.160     Paymentin case of dispute over wages

 

652.165     Rulesfor wage collection and payment

 

652.170     Paymentof wages in case of strikes

 

652.190     Paymentof wages to surviving spouse or dependent children

 

652.200     Attorneyfee in action for wages

 

652.210     Definitionsfor ORS 652.210 to 652.230

 

652.220     Prohibitionof discriminatory wage rates based on sex; employer not to discriminate againstemployee who is complainant

 

652.230     Employeeright of action against employer for unpaid wages and damages

 

652.240     Payingwage lower than that required by statute or contract prohibited

 

652.250     Publicemployee’s wages as affected by absence to engage in search or rescue operation

 

652.260     Paymentto nurses providing home health or hospice services; rules

 

ENFORCEMENTOF WAGE CLAIMS

 

(Generally)

 

652.310     Definitionsof employer and employee

 

652.320     Definitionsfor ORS 652.310 to 652.414

 

652.330     Powersand duties of commissioner in enforcing wage claims; parties to wage claimaction

 

652.332     Administrativeproceeding for wage claim collection; court enforcement and review; rules

 

652.335     Liabilityof liquor dispenser licensee for wage claims of certain individuals

 

652.340     Requiringbond of employer

 

652.355     Prohibitionof discrimination because of wage claim; remedy

 

652.360     Contractexempting employer from liability or penalty not valid; exceptions

 

652.370     Jurisdictionof courts; proceedings in name of state

 

652.380     Remediescumulative; effect of payment or tender by employer after proceeding commenced

 

652.390     Deductionof costs from wage claims; collection fees; assignment of wage claims

 

652.400     Depositof moneys in Wage Collection Account; payment to persons entitled thereto

 

652.405     Dispositionof wages collected by commissioner when payment cannot be made to personentitled thereto

 

(WageSecurity Fund)

 

652.409     WageSecurity Fund; use

 

652.414     Procedurefor payment from fund; lien against personal property of employer; penalties;rules

 

(ReciprocalEnforcement of Wage Claims)

 

652.420     Definitionsfor ORS 652.420 to 652.445

 

652.425     Authorityof commissioner to enter into agreements with other states for reciprocal enforcementof wage claims

 

652.430     Assigningwage claim to labor bureau of another state

 

652.435     Acceptingassignments of wage claims from labor bureau of another state

 

652.440     Retentionby commissioner or labor bureau of percentage of funds collected

 

652.445     Depositof moneys in Wage Collection Account

 

PRIORITYOF WAGE CLAIMS

 

652.500     Receiverto pay accrued wages; payment of employees; receiver’s certificates

 

652.510     Paymentof wage claims by receivers, assignees or court; filing statement of wages due

 

652.520     Formof statement of wage claim

 

652.530     Servingcopy of statement; report to court; order of payment

 

652.540     Exceptionto claim; legal action on claim

 

652.550     Paymentof claims prerequisite to discharge of attachment or execution, assignee or receiver,or to abandonment of seizure or sale

 

652.560     Costsand attorney fees

 

652.570     Priorityof wage claims over transfers in payment of preexisting obligations; paymentand subrogation of transferee

 

STATEMENTSRELATING TO EMPLOYEE’S SALARY AND DEDUCTIONS THEREFROM

 

(Generally)

 

652.610     Itemizedstatement of amounts and purposes of deductions; timely payment to recipient ofamounts deducted

 

652.615     Remedyfor violation of ORS 652.610

 

652.620     Statementof yearly compensation on request of employee

 

(AgriculturalWorkers)

 

652.630     Definitionsfor ORS 652.630 to 652.640

 

652.635     Producersto post certain terms of employment

 

652.640     Itemizedstatement of compensation and deductions required

 

FEESOR DEDUCTIONS FOR MEDICAL CARE

 

652.710     Feescollected by employer for medical care contracts are trust funds; priority onliquidation; civil penalty; rules

 

652.720     Prohibiteduse by employer of fees for medical care contracts withheld from employee wages

 

PERSONNELRECORDS

 

652.750     Inspectionof records by employee; furnishing copy to employee; disposition of record ontermination of employment; charge for copies; public safety officer records

 

PENALTIES

 

652.900     Civilpenalties

 

652.990     Criminalpenalties

 

HOURSOF LABOR

 

      652.010Declaration of public policy concerning maximum working hours in certainindustries.(1) It is the public policy of this state that no person shall be hired, norpermitted to work for wages, under any conditions or terms, for longer hours ordays of service than is consistent with the person’s health and physicalwell-being and ability to promote the general welfare by the person’sincreasing usefulness as a healthy and intelligent citizen.

      (2)It hereby is declared that the working of any person more than 10 hours in oneday in any mill, factory or manufacturing establishment or the working of anyperson more than eight hours, exclusive of one hour, more or less, in one day,or more than 48 hours in one calendar week in sawmills, planing mills, shinglemills and logging camps is injurious to the physical health and well-being ofsuch person, and tends to prevent the person from acquiring that degree ofintelligence that is necessary to make the person a useful and desirablecitizen of the state.

 

      652.020Maximum working hours in certain industries; overtime hours and pay;exemptions.(1) No person shall be employed in any mill, factory or manufacturingestablishment in this state more than 10 hours in any one day, or in sawmills,planing mills, shingle mills and logging camps more than eight hours, exclusiveof one hour, more or less, in one day or more than 48 hours in one calendarweek, except logging train crews, guards, firefighters and persons engaged inthe transportation to and from work, and employees when engaged in making necessaryrepairs, or in the case of emergency where life and property are in imminentdanger. However, employees may work overtime not to exceed three hours in oneday, conditioned that payment be made for said overtime at the rate of time andone-half the regular wage.

      (2)No employer shall require or permit any person to work in any place mentionedin this section more than the hours provided for in this section during any dayof 24 hours. No employer shall permit or suffer an overseer, superintendent orother agent of the employer to violate this section.

      (3)This section does not apply to persons employed in the care of quarters orlivestock, conducting messhalls, superintendence and direction of work, or tothe loading and removal of the finished forest product.

      (4)Subsections (1) and (2) of this section do not apply to employees who arerepresented by a labor organization for purposes of collective bargaining withtheir employer, provided limits on the required hours of work and overtimepayment have been agreed to between the employer and labor organization, or ifno agreement is reached, then, for the purposes of this subsection, such limitsand payments shall not be deemed to be changed from the previous collectivebargaining agreement between the employer and labor organization unless theemployees have been locked out, are engaged in a strike or the employer hasunilaterally implemented new terms and conditions of employment. [Amended by1989 c.852 §1; 1991 c.67 §157; 1999 c.59 §190]

 

      652.030Enforcement of ORS 652.010 and 652.020 dependent upon like laws in otherstates.ORS 652.010 and 652.020 shall not be enforced insofar as they relate to workinghours in sawmills, planing mills, shingle mills and logging camps until lawscontaining like provisions regarding working hours in such places of employmentin the States of California, Washington and Idaho become effective in each ofthose states respectively.

 

      652.040Maximum working hours in mines. (1) No person who operates anyunderground mine yielding gold or silver or copper or lead or other metal shallpermit or require any person to work in such underground mine for more thaneight hours in any 24 hours. The hours for such employment or work day shall beconsecutive excluding, however, any intermission of time for lunch or meals.

      (2)In the case of emergency, where life or property is in imminent danger, personsmay work in such underground mines for a longer time during the continuance ofthe exigency or emergency. This section does not apply to mines in their firststages of development, such as tunnel work to a length of 200 feet, or shaftwork to a depth of 150 feet, or to any surface excavation.

 

      652.050Definitions for ORS 652.050 to 652.080. As used in ORS 652.050 to 652.080:

      (1)“Firefighter” means a person whose principal duties consist of preventing orcombating fire or preventing loss of life or property from fire.

      (2)“Regularly organized fire department” means any organization maintained for thepurpose of preventing or combating fire and employing one or more persons on afull-time basis as firefighters.

      (3)“Volunteer firefighter” means a person who performs services as a firefighterfor a regularly organized fire department and whose work hours and work shiftsare voluntary and whose volunteer service is not a condition of employment. [Amendedby 1983 c.319 §1]

 

      652.060Maximum working hours for firefighters. (1)(a) No person employed on afull-time basis as a firefighter by any regularly organized fire departmentmaintained by any incorporated city, municipality or fire district and thatemploys not more than three persons on a full-time basis as firefighters shallbe required to be on regular duty with such fire department more than 72 hoursa week. However, any affected incorporated city, municipality or fire districtshall be deemed to have complied with this paragraph and ORS 652.070 if thehours of regular duty required of firefighters employed by it average not morethan 72 hours a week over each quarter of the fiscal year of the employingcity, municipality or fire district.

      (b)No person employed on a full-time basis as a firefighter by any regularlyorganized fire department maintained by any incorporated city, municipality orfire district and that employs four or more persons on a full-time basis asfirefighters shall be required to be on regular duty with such fire departmentmore than 56 hours a week. However, any affected incorporated city,municipality or fire district shall be deemed to have complied with this paragraphand ORS 652.070 if the hours of regular duty required of firefighters employedby it average not more than 56 hours a week over each quarter of the fiscalyear of the employing city, municipa