OAR 839-020-1010
Violations for Which a Civil Penalty May Be Assessed

(1) The commissioner may assess a civil penalty for any of the following willful violations:
(a) Failure to pay the applicable minimum wage for all hours worked in violation of ORS 653.025 (Minimum wage rate) and OAR 839-020-0010 (Payment of Minimum Wages — Generally).
(b) Failure to pay overtime for all hours worked over forty (40) in a week in violation of OAR 839-020-0030 (Payment of Overtime Wages — Generally) or, for domestic workers, failure to pay overtime in violation of ORS 653.547 (Definitions) and OAR 839-020-0030 (Payment of Overtime Wages — Generally).
(c) Payment to persons with mental or physical disabilities less than a fixed minimum hourly wage rate which has been approved by the commissioner in violation of ORS 653.030 (Commissioner may prescribe lower rates in certain cases) and OAR 839-020-0015 (Fixed Minimum Hourly Wage Rates Lower than the Minimum Wage Rate);
(d) Payment to student-learners less than a fixed minimum hourly wage rate which has been approved by the commissioner in violation of ORS 653.030 (Commissioner may prescribe lower rates in certain cases) and 839-020-0015 (Fixed Minimum Hourly Wage Rates Lower than the Minimum Wage Rate);
(e) Failure to make required payroll and other records in violation of ORS 653.045 (Records to be kept by employers), OAR 839-020-0050 (Meal and Rest Periods), 839-020-0080 (General Recordkeeping Requirements), and 839-020-0082 (Special Recordkeeping Circumstances);
(f) Failure to keep available required payroll and other records in violation of ORS 653.045 (Records to be kept by employers), OAR 839-020-0050 (Meal and Rest Periods), 839-020-0080 (General Recordkeeping Requirements), 839-020-0082 (Special Recordkeeping Circumstances), and 839-020-0083 (Records Availability);
(g) Failure to supply each of the employer’s employees with itemized statements of amounts and purposes of deductions in the manner provided in ORS 652.610 (Itemized statement of amounts and purposes of deductions) in violation of 653.045 (Records to be kept by employers), OAR 839-020-0012 (Wage Statements to Be Provided to Employees) and 839-020-0080 (General Recordkeeping Requirements);
(h) Failure to keep summaries of ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.261 (Minimum employment conditions) and rules promulgated thereto by the commissioner posted in a conspicuous and accessible place in or about the premises where such employees are employed in violation of ORS 653.050 (Employers to post summary of law and rules);
(i) Discharging or discriminating in any other manner against any employee in violation of ORS 653.060 (Discharging or discriminating against employee prohibited):
(A) Because the employee has made complaint that the employee has not been paid wages in accordance with ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.261 (Minimum employment conditions);
(B) Because the employee has caused to be instituted or is about to cause to be instituted any proceedings under or relating to ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.261 (Minimum employment conditions); or
(C) Because the employee has testified or is about to testify in any such proceedings.
(j) Failure to provide to each employee appropriate meal periods in violation of OAR 839-020-0050 (Meal and Rest Periods);
(k) Coercing an employee into waiving a meal period in violation of ORS 653.261 (Minimum employment conditions)(5)(b);
(l) Failure to provide to each employee appropriate rest periods in violation of OAR 839-020-0050 (Meal and Rest Periods);
(m) Intentional failure to provide a reasonable rest period to accommodate an employee who needs to express breast milk in violation of ORS 653.077 (Expressing milk in workplace) and OAR 839-020-0051 (Rest Periods for Expression of Milk);
(n) Requiring any employee to lift excessive weights in violation of OAR 839-020-0060 (Weight Lifting);
(o) Employing any employee to work under any conditions in violation of OAR 839-020-0065 (Other Working Conditions);
(p) Failure to provide a domestic worker who resides in the home of the employer with an uninterrupted rest period of at least eight consecutive hours within each 24-hour period in violation of ORS 653.547 (Definitions) and OAR 839-020-0042 (Sleeping Time and Certain Other Activities)(4);
(q) Failure to provide a domestic worker with a rest period of at least 24 consecutive hours in each work week in violation of ORS 653.547 (Definitions) and OAR 839-020-0052 (Leave for Domestic Workers)(1);
(r) Failure to provide a domestic worker not less than three paid personal days off in violation of ORS 653.547 (Definitions) and OAR 839-020-0052 (Leave for Domestic Workers)(2);
(s) Failure to pay a domestic worker for personal days off in violation of ORS 653.547 (Definitions) and OAR 839-020-0052 (Leave for Domestic Workers)(2);
(t) Requiring or permitting an employee subject to ORS 653.265 (Overtime for persons employed in canneries, driers and packing plants) to work more hours than permitted under ORS 653.265 (Overtime for persons employed in canneries, driers and packing plants)(2)(a), (b) or (c);
(u) Requiring or permitting an employee subject to ORS 653.265 (Overtime for persons employed in canneries, driers and packing plants) to work more than 55 hours in any one workweek without obtaining the employee’s request or consent in writing, in violation of ORS 653.265 (Overtime for persons employed in canneries, driers and packing plants) (2)(b) or (5)(b);
(v) Permitting an employee subject to ORS 653.265 (Overtime for persons employed in canneries, driers and packing plants) to work up to the maximum hours permitted by ORS 653.265 (Overtime for persons employed in canneries, driers and packing plants)(2)(c) when the employer is not eligible for an undue hardship exemption;
(w) Failure to make available to the commissioner, upon request, a copy of an employee’s written request or consent as required by OAR 839-020-0417 (Employee’s Written Consent to Work up to 60 Hours in a Workweek)(3) and OAR 839-020-0420 (Undue Hardship Notices and Employee’s Written Consent)(5); or
(x) Failure to provide notice of the undue hardship period to the commissioner within seven (7) calendar days of the date on which the undue hardship period began.
(2) Except as provided in ORS 653.261 (Minimum employment conditions)(5)(c), ORS 653.265 (Overtime for persons employed in canneries, driers and packing plants)(9)(a), and section (3) of this rule, the civil penalty for any one violation will not exceed $1,000. The actual amount of the civil penalty will depend on all the facts and circumstances referred to in OAR 839-020-1020 (Criteria for Determining a Civil Penalty).
(3) When the commissioner determines that an employer has violated ORS 653.265 (Overtime for persons employed in canneries, driers and packing plants) by coercing an employee into consenting to work more than 55 hours in one workweek, the civil penalty shall not exceed:
(a) $2,000 for any one violation if the employer coerced an employee to work more than 55 hours per workweek under ORS 653.265 (Overtime for persons employed in canneries, driers and packing plants)(2)(b); or
(b) $3,000 for any one violation if the employer coerced an employee to work more than 55 hours per workweek during a period of undue hardship under ORS 653.265 (Overtime for persons employed in canneries, driers and packing plants)(5)(b).
(4) For the purpose of section (3) this rule, an employer will be considered to have coerced an employee into consenting to work more than 55 hours in one workweek under the following circumstances:
(a) The employer requires an employee to consent in writing to work more than 55 hours per workweek;
(b) The employer requires an employee to consent to work more than 55 hours per workweek as a condition of employment at the time of hire; or
(c) The employer requests or requires any person, including another employee, to require an employee to consent in writing to work more than 55 hours per workweek.
(5) The civil penalties set out in this rule will be in addition to any other penalty assessed or imposed by law or rule.

Source: Rule 839-020-1010 — Violations for Which a Civil Penalty May Be Assessed, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-020-1010.

839‑020‑0000
Notice of Proposed Rule 839‑020‑0004
Definitions Generally 839‑020‑0005
Employees Engaged in Administrative, Executive, Professional, or Outside Sales Work, Defining the Terms 839‑020‑0010
Payment of Minimum Wages — Generally 839‑020‑0011
Determination of Applicable Region and Minimum Wage Rate to be Paid for Work Performed by Employees 839‑020‑0012
Wage Statements to Be Provided to Employees 839‑020‑0013
Bonuses Provided to Workers in Agriculture 839‑020‑0015
Fixed Minimum Hourly Wage Rates Lower than the Minimum Wage Rate 839‑020‑0020
Deductions from the Minimum Wage — Generally 839‑020‑0025
Deductions for Meals, Lodging, Facilities or Other Services 839‑020‑0027
Deductions for Garnishment Processing Fee 839‑020‑0030
Payment of Overtime Wages — Generally 839‑020‑0040
Hours Worked — Generally 839‑020‑0041
Waiting Time 839‑020‑0042
Sleeping Time and Certain Other Activities 839‑020‑0043
Preparatory and Concluding Activities 839‑020‑0044
Lectures, Meetings and Training Programs 839‑020‑0045
Travel Time 839‑020‑0046
Adjusting Grievances, Medical Attention, Civic and Charitable Work and Suggestion Systems 839‑020‑0047
Application of OAR 839-020-0040 to 839-020-0047 to Agricultural Employees 839‑020‑0050
Meal and Rest Periods 839‑020‑0051
Rest Periods for Expression of Milk 839‑020‑0052
Leave for Domestic Workers 839‑020‑0060
Weight Lifting 839‑020‑0065
Other Working Conditions 839‑020‑0070
Homework — Generally 839‑020‑0080
General Recordkeeping Requirements 839‑020‑0082
Special Recordkeeping Circumstances 839‑020‑0083
Records Availability 839‑020‑0085
Posting Requirements 839‑020‑0087
Earned Income Tax Credit Notice to Employees 839‑020‑0115
Relationship of State and Federal Law 839‑020‑0125
Overtime Exemptions Pertaining to Employers Regulated Under the Federal Fair Labor Standards Act 839‑020‑0130
Overtime Exemption for Public Employees 839‑020‑0135
Overtime Exemption for Agricultural Employees 839‑020‑0150
Exemptions from Minimum Wage and Overtime 839‑020‑0200
Authority of Labor Commissioner to Define Terms Relating to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities 839‑020‑0210
Exemptions from Overtime Relating to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities — Generally 839‑020‑0220
Definitions for Regulations Pertaining to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities 839‑020‑0230
Limitation on Nonexempt Work 839‑020‑0240
Public Agency Employees Engaged in Both Fire Protection and Law Enforcement Activities 839‑020‑0250
Effect of Training Time 839‑020‑0260
Application of ORS 653.269(3) to Ambulance and Rescue Service Employees 839‑020‑0270
Other Overtime Exemptions May Apply to Public Employees Engaged in Fire Protection and Law Enforcement Activities 839‑020‑0300
Authority of Labor Commissioner to Define Terms Relating to Executive, Administrative, Supervisory and Professional Employees of a Public Agency 839‑020‑0310
Application of OAR 839-020-0300 to 839-020-0350 839‑020‑0320
Definitions for Exemptions Relating to Executive, Administrative, Supervisory and Professional Employees of a Public Agency 839‑020‑0330
Exception to Salary or Fee Basis 839‑020‑0350
Computer Professionals 839‑020‑0400
Definitions for Maximum Hours of Work in Canneries, Driers and Packing Plants 839‑020‑0410
Determination of the Day 839‑020‑0415
Failure to Establish a Workweek 839‑020‑0417
Employee’s Written Consent to Work up to 60 Hours in a Workweek 839‑020‑0420
Undue Hardship Notices and Employee’s Written Consent 839‑020‑1000
Violations Separate and Distinct 839‑020‑1010
Violations for Which a Civil Penalty May Be Assessed 839‑020‑1020
Criteria for Determining a Civil Penalty
Last Updated

Jun. 8, 2021

Rule 839-020-1010’s source at or​.us