Hours

ORS 652.145
Payment of wages for seasonal farmworkers


(1)

Notwithstanding ORS 652.140 (Payment of wages on termination of employment), if an employee has worked for an employer as a seasonal farmworker, whenever the employment terminates, all wages earned and unpaid become due and payable immediately except:

(a)

Wages are due and payable by noon on the day after termination of the employment of the seasonal farmworker if:

(A)

The termination occurs at the end of the harvest season;

(B)

The employer is a farmworker camp operator described in ORS 658.715 (Farmworker camp operator requirements) (1)(b) or (c); and

(C)

The farmworker is provided housing that complies with ORS 658.705 (Definitions for ORS 658.705 to 658.850) to 658.850 (Civil penalties) at no cost to the worker from the termination of work until wages due are paid.

(b)

If the employee quits without giving the employer at least 48 hours’ notice, wages earned and unpaid are due and payable within 48 hours after the employee has quit, or at the next regularly scheduled payday after the employee has quit, whichever event first occurs.

(2)

As used in this section, “seasonal farmworker” means an individual who, for an agreed remuneration or rate of pay, performs temporary labor for another in the production of farm products or in the planting, cultivating or harvesting of seasonal agricultural crops or in the forestation or reforestation of lands including, but not limited to, the planting, transplanting, tubing, precommercial thinning and thinning of trees and seedlings, the clearing, piling and disposal of brush and slash and other related activities. [1991 c.966 §4; 2001 c.613 §17; 2013 c.347 §1]
§§ 652.110 to 652.405

Notes of Decisions

Where employer was charged with criminal violation of Massachusetts payment of wages statute for failing to pay discharged employees for their unused vacation time, employer's policy of paying discharged employees for unused vacation time was not "employee welfare benefits plan" under section 3 (1) of Employee Retirement Income Security Act of 1974 (ERISA) and criminal action to enforce that policy is therefore not foreclosed by section 514 (a) of ERISA. Massachusetts v. Morash, 490 U.S. 107, 109 S. Ct. 1668, 104 L.Ed 98 (1989)

It is unnecessary to imply private right of action for employee against secured creditor in possession under ORS 652.310 to 652.405 when to do so would render provisions of ORS 652.110 to 652.250 superfluous. Stout v. Citicorp Industrial Credit, Inc., 102 Or App 637, 796 P2d 373 (1990), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021