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