OAR 839-001-0496
Civil Penalties for Violation of Regulations Pertaining to the Payment of Wages

(1)

When assessing a civil penalty for violations of ORS 652.110 (Method of paying employees), 652.140 (Payment of wages on termination of employment), 652.145 (Payment of wages for seasonal farmworkers), 652.260 (Payment to nurses providing home health or hospice services), 652.610 (Itemized statement of amounts and purposes of deductions)(4), 652.750 (Inspection of records by employee) or any rule adopted pursuant thereto, the commissioner may consider the following mitigating and aggravating circumstances in determining the amount of the civil penalty to be assessed and cite those the commissioner finds to be appropriate:

(a)

The history of the employer in taking all necessary measures to prevent or correct violations of statutes or rules;

(b)

Prior violations, if any, of statutes or rules;

(c)

The magnitude and seriousness of the violation;

(d)

Whether the employer knew or should have known of the violation.

(2)

The commissioner may consider what amount of civil penalty is likely to deter an employer from committing violations in the future.

(3)

Notwithstanding any other section of this rule, the commissioner shall consider all aggravating circumstances presented by any employee or any other person for the purpose of increasing the amount of the civil penalty to be assessed.

(4)

It shall be the responsibility of the employer to provide the commissioner any mitigating evidence concerning the amount of the civil penalty to be assessed.

(5)

Notwithstanding any other section of this rule, the commissioner shall consider all mitigating circumstances presented by the employer for the purpose of reducing the amount of the civil penalty to be assessed.

Source: Rule 839-001-0496 — Civil Penalties for Violation of Regulations Pertaining to the Payment of Wages, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-001-0496.

839‑001‑0000
Notice of Proposed Rule 839‑001‑0100
Definitions for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments 839‑001‑0125
Individual Exemptions from Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments 839‑001‑0127
Establishment Exemptions from Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments 839‑001‑0130
Exempt and Non-exempt Work for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments 839‑001‑0140
Determination of the Day 839‑001‑0143
Failure to Establish a Workweek 839‑001‑0145
Determination of Employees “Employed in” a Named Establishment for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments 839‑001‑0147
Employee’s Written Consent to Work up to 60 Hours in a Workweek 839‑001‑0148
Undue Hardship Notices and Employee’s Written Consent 839‑001‑0150
Civil Penalties for Violation of ORS 652.020, Maximum Working Hours in Mills, Factories and Manufacturing Establishments: Overtime Hours and Pay 839‑001‑0153
Violations Separate and Distinct 839‑001‑0155
Violations of ORS 652.020 for Which a Civil Penalty May Be Imposed 839‑001‑0160
Schedule of Civil Penalties for Violations of ORS 652.020 839‑001‑0200
Deductions for Garnishment Processing Fee 839‑001‑0250
Deductions for Costs of Benefits Paid by the Employer While the Employee Is on OFLA Leave 839‑001‑0300
Liability of Employer for Issuance of Dishonored Check in Payment of Wages 839‑001‑0410
Definitions for Regulations Pertaining to the Payment of Wages at Termination of Employment 839‑001‑0420
Payment of Wages at Termination of Employment 839‑001‑0430
When Layoff is Considered Termination of Employment 839‑001‑0440
Special Provisions for Payment of Wages at Termination for Seasonal Farmworkers and Seasonal Reforestation Workers 839‑001‑0450
Forwarding Wages and Direct Deposit of Wages at Termination of Employment 839‑001‑0460
Payment in Case of a Dispute over the Amount of Wages Due at Termination of Employment/Employee Rights and Remedies 839‑001‑0470
Penalty for Failure to Pay Wages on Termination of Employment 839‑001‑0490
Special Provisions for Payment of Wages at Termination for Employees of Businesses Primarily Engaged in the Sale of Motor Vehicles or Farm Implements Who Are Paid on a Commission Basis 839‑001‑0495
Violations Separate and Distinct 839‑001‑0496
Civil Penalties for Violation of Regulations Pertaining to the Payment of Wages 839‑001‑0500
Definitions for Wage Security Fund Regulations 839‑001‑0510
Eligibility for Wage Payment from the Wage Security Fund 839‑001‑0515
Factors to Be Considered in Making Determinations Related to Eligibility for Payment from the Wage Security Fund 839‑001‑0520
Amount of Claim to Be Paid from the Wage Security Fund 839‑001‑0525
Priority of Payments from the Wage Security Fund 839‑001‑0530
Wage Security Fund Amount Available for Claim Payment: Prorating Claims When Insufficient Funds are Available 839‑001‑0550
Procedure for Timely and Cost Efficient Method for the Payment of Wages from the Wage Security Fund 839‑001‑0560
Recovery from Employers When Sums Paid from the Wage Security Fund 839‑001‑0700
Definitions for Regulations Pertaining to Moneys Collected from Employees for Group Health Insurance Coverage and Notification of Various Parties on Termination of Group Health Insurance Coverage 839‑001‑0710
Effective Dates for Civil Penalty Provisions 839‑001‑0720
Notification of Termination of Group Health Insurance Policy 839‑001‑0730
Records to Be Kept/Availability of Records 839‑001‑0740
Employee Notification Form for Termination of Group Health Insurance Coverage 839‑001‑0760
Violations Separate and Distinct 839‑001‑0770
Violations of ORS 652.710(10) and (3) for Which a Civil Penalty May Be Assessed 839‑001‑0780
Criteria for Determining a Civil Penalty 839‑001‑0790
Schedule of Civil Penalties for Violation of ORS 652.710(1) 839‑001‑0800
Schedule of Civil Penalties for Violation of ORS 652.710(3)
Last Updated

Jun. 8, 2021

Rule 839-001-0496’s source at or​.us