OAR 839-017-0376
Disputes Between Agencies and Their Employees

In order to properly settle any complaints that may arise and in order to establish all sums legally owed to any employee of the employment agency, the employment agency:

(1)

Will maintain employment records of all employees for three years. These records will include the original application for employment with the agency and will indicate starting date of employment, rate of pay and/or rate of commission and method of compensation, and date of termination of employment if applicable.

(2)

Shall retain for three years copies of all contracts signed with employees of the agency relative to conditions of employment.

(3)

Will indicate on all receipts of moneys received from applicants in payments of fees, the name of employee or agent of the employment agency responsible for placement of applicant.

(4)

Will give to each employee on payroll checks, or by separate document, a record of commissions or other sums earned and paid in full or in part during each payroll period established by the employer or at least every 35 days if no more frequent payroll period has been established.

(5)

Canceled payroll checks, and state and federal tax reports shall be retained as required by State and Federal law.

(6)

Records required by Fair Labor Standards Act (FLSA) and Oregon’s minimum wage law must be kept for a period of three years on all employees regardless of the type of specific agreement for compensation between the agency and its employees.

Source: Rule 839-017-0376 — Disputes Between Agencies and Their Employees, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-017-0376 (accessed May 26, 2025).

839–017–0004
Definitions Generally 839–017–0011
Contents of Contracts between Employment Agencies and Applicants for Employment 839–017–0012
Additional Requirements for Contracts between Employment Agencies and Applicants for Employment 839–017–0013
Contract Requirements When Employment Compensation Is Based on Commission 839–017–0025
Contract Clauses or Statements That Are Not Required but May Be Included 839–017–0030
Refunds to Applicants 839–017–0031
Oral Agreements or Additions to Contracts Prohibited 839–017–0032
Record of Contracts 839–017–0040
Fee Paid Positions 839–017–0045
Addendum to Contract to Provide Specific Terms for Payment 839–017–0051
Definitions for Job Order and Job Referral Document Rules 839–017–0052
Bona Fide Job Order Requirements 839–017–0053
When an Exploratory Job Order/Interview Is Considered to Be Given 839–017–0054
Identification by Agency to Employer and Accepting Fee Paid Orders 839–017–0060
Information Required to Be Contained in a Job Order 839–017–0070
Job Referral Documents 839–017–0071
Job Referral Documents to Include Expiration of Referral Information 839–017–0072
Applicants Required to Receive Job Referral Documents 839–017–0101
Fee Earned by Agency Responsible for Placement 839–017–0102
Determination of Agency Entitled to Fee 839–017–0103
Definitions for the Purpose of Solving Interagency Disputes 839–017–0151
Interest, Fees, or Other Charges Allowed as Credits for Permanent Employment Lasting Less Than 90 Days 839–017–0152
Interest, Fees, and Other Charges May Be Prorated 839–017–0153
Agencies Required to Make Effort to Procure Necessary Information for Making Rebates 839–017–0177
Publication of False, Misleading, or Fraudulent Information Prohibited 839–017–0178
Advertising Must Be Factual 839–017–0180
Advertising Deemed False or Misleading 839–017–0271
Enforcement Actions against Bonds or Deposits Generally 839–017–0272
Filing Claims Against Bonds or Letters of Credit Maintained by the Employment Agency 839–017–0274
Violations for Which a Civil Penalty May Be Imposed 839–017–0275
Violations Separate and Distinct 839–017–0276
Definition of “Acting Knowingly” 839–017–0277
Criteria to Determine Civil Penalty to Be Imposed 839–017–0280
Schedule of Civil Penalties to Be Imposed 839–017–0300
Waiver from Requirement to Use Word “Agency” or “Agencies” as Part of Name of Employment Agency 839–017–0376
Disputes Between Agencies and Their Employees 839–017–0476
Time for Maintenance of Records 839–017–0477
Method of Maintaining Records 839–017–0500
Contracts Between Employment Listing Services and Individuals 839–017–0505
Fees Charged by Employment Listing Services 839–017–0510
Confirmation of Position Availability by Employment Listing Services 839–017–0515
Employment Listing Services Required to be Registered 839–017–0520
Employment Listing Service Fee Forfeiture Provisions

May 26, 2025

Rule 839-017-0376's source at or​.us