Hours

ORS 652.333
Wage claims against licensed construction contractors and businesses

  • notice requirements


(1)

(a) If the Commissioner of the Bureau of Labor and Industries receives a valid wage claim filed against a contractor or a business subject to licensing under ORS chapter 701 for unpaid wages, the commissioner shall notify the Construction Contractors Board and the contractor or the business of the claim within 30 days of the commissioner’s receipt of the claim.

(b)

If wages are found due and the contractor or business fails to pay the unpaid wages upon demand, the commissioner shall serve upon the contractor or business an order of determination as prescribed under ORS 652.332 (Administrative proceeding for wage claim collection).

(2)

(a) If an order issued under ORS 652.332 (Administrative proceeding for wage claim collection) for the payment of a wage claim described under subsection (1) of this section becomes final, the commissioner shall notify the board of the final order.

(b)

The commissioner shall notify the board if the contractor or business fails to pay the amounts due pursuant to the final order within 60 days of the date of the order, unless a motion to stay the order is pending or has been granted by the commissioner under ORS 183.482 (Jurisdiction for review of contested cases).

(3)

As used in this section, “contractor” has the meaning given that term in ORS 701.005 (Definitions). [2019 c.444 §2]
§§ 652.310 to 652.410

Atty. Gen. Opinions

Validity of 10-hour day, 40-hour week without overtime in public employment, (1972) Vol 35, p 1083

§§ 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