OAR 839-007-0120
Criteria for Determining a Civil Penalty

(1)

The Commissioner of the Bureau of Labor and Industries may consider the following mitigating and aggravating circumstances when determining the amount of any 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;

(e)

The opportunity and degree of difficulty to comply;

(f)

Whether the employer’s action or inaction has resulted in the loss of a substantive right of an employee.

(2)

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.

(3)

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 839-007-0120 — Criteria for Determining a Civil Penalty, https://secure.sos.state.or.us/oard/view.action?ruleNumber=839-007-0120 (accessed May 26, 2025).

839–007–0000
Definitions 839–007–0005
Jointly Employed Employees 839–007–0007
Front-loading Sick Time 839–007–0010
Determining the Number of Sick Time Hours Accrued for Employees for Whom Recording Hours Worked is not Required 839–007–0012
Employees with Both Unpaid and Paid Sick Time 839–007–0015
Calculating the Number of Employees Employed 839–007–0020
Permissible Use of Sick Time 839–007–0025
Increments of Sick Time to Be Taken by Employee 839–007–0030
Payment of Sick Time 839–007–0032
Application of Sick Time Provisions to New Businesses 839–007–0035
Sick Time for Shifts of Indeterminate Length or On-Call Shifts 839–007–0040
Employee Notice Policy and Procedures 839–007–0045
Verification and Certification for Sick Time Use 839–007–0050
Required Employer Notices 839–007–0055
Substantial Equivalency 839–007–0060
Exemption for Certain Employees Covered by Collective Bargaining Agreements 839–007–0065
Unlawful Employment Practice 839–007–0100
Civil Penalties 839–007–0120
Criteria for Determining a Civil Penalty

May 26, 2025

Rule 839-007-0120's source at or.us

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Location: https://oregon.public.law/rules/oar_839-007-0120

Original Source: Rule 839-007-0120 — Criteria for Determining a Civil Penalty, https://secure.sos.state.or.us/oard/view.action?ruleNumber=839-007-0120 (last accessed May 10, 2025).