Hours

ORS 652.335
Liability of liquor dispenser licensee for wage claims of certain individuals

(1)

A person operating a commercial establishment where food is cooked and served who holds a full on-premises sales license issued under ORS 471.175 (Full on-premises sales license) is liable for all valid wage claims of individuals employed in the kitchen facilities and dining space of such establishment who are not employed by such person, if the wage claims cannot be enforced against the employer of such individuals. The Commissioner of the Bureau of Labor and Industries may in such a case proceed under ORS 652.310 (Definitions of employer and employee) to 652.414 (Procedure for payment from fund) against the person operating the establishment as if that person had employed the individuals assigning the wage claims.

(2)

This section does not impose any liability not otherwise imposed by law for compensation for the performance of an individual’s personal services in excess of a period of 60 days, nor does it subject the person operating an establishment described in this section to criminal penalties for violation of any law providing for payment of wages. [1961 c.475 §2; 1999 c.351 §40]

Notes of Decisions

Placement of name on enterprise liquor license does not establish that person is operator of enterprise. State ex rel Nilsen v. Hemstreet, 7 Or App 474, 491 P2d 1185 (1971)

§§ 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

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