ORS 652.360
Contract exempting employer from liability or penalty not valid

  • exceptions

(1)

An employer may not by special contract or any other means exempt the employer from any provision of or liability or penalty imposed by ORS 652.310 (Definitions of employer and employee) to 652.414 (Procedure for payment from fund) or any statute relating to the payment of wages, except insofar as the Commissioner of the Bureau of Labor and Industries in writing approves a special contract or other arrangement between the employer and one or more of the employer’s employees. The commissioner may not give approval unless the commissioner finds that such contract or arrangement will not prejudicially affect the interest of the public or of the employees involved, and the commissioner may at any time retract such approval, first giving the employer not less than 30 days’ notice in writing.

(2)

A settlement between an employer and an employee of a known and identified claim arising under ORS 652.310 (Definitions of employer and employee) to 652.414 (Procedure for payment from fund) or any statute relating to the payment of wages does not require the commissioner’s approval if the settlement does not provide for the employee to relinquish a claim for additional or future violations. [Amended by 2001 c.116 §1]

Source: Section 652.360 — Contract exempting employer from liability or penalty not valid; exceptions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html (accessed May 26, 2025).

Notes of Decisions

Wage reduction agreements entered into between employer and employes were not intended to exempt employer from “any provision of or liability or penalty imposed” by either payment of wages statutes or wage claim enforcement statutes. State ex rel Roberts v. Duco-Lam, Inc., 72 Or App 473, 696 P2d 561 (1985), Sup Ct review denied

Employer is not barred from asserting affirmative defense such as accord and satisfaction, waiver or estoppel where renegotiated or substituted employment agreement does not release employer from statutory right or obligation under wage payment statutes. Erickson v. American Golf Corp., 194 Or App 672, 96 P3d 843 (2004)

652.010
Declaration of public policy concerning maximum working hours in certain industries 652.020
Maximum working hours in certain industries 652.030
Enforcement of ORS 652.010 and 652.020 dependent upon like laws in other states 652.035
Violations of certain laws relating to maximum working hours and minimum employment conditions 652.040
Maximum working hours in mines 652.050
Definitions for ORS 652.050 to 652.080 652.060
Maximum working hours for firefighters 652.070
Overtime pay for firefighters 652.080
Computing hours on duty for purposes of ORS 652.060 and 652.070 652.100
False information related to hours worked or compensation received by employees 652.110
Method of paying employees 652.120
Establishing regular payday 652.125
Bond required when failure to make timely wage payment occurs 652.130
Payment of wages due persons employed on piece work scale or quantity basis in forest product industries 652.140
Payment of wages on termination of employment 652.145
Payment of wages for seasonal farmworkers 652.150
Penalty wage for failure to pay wages on termination of employment 652.160
Payment in case of dispute over wages 652.165
Rules for wage collection and payment 652.170
Payment of wages in case of strikes 652.190
Payment of wages to surviving spouse or dependent children 652.195
Liability for dishonored check for payment of wages 652.200
Attorney fee in action for wages 652.210
Definitions for ORS 652.210 to 652.235 652.220
Prohibition of discriminatory wage rates based on protected class 652.230
Employee right of action against employer for unpaid wages and damages 652.235
Motion to disallow award of compensatory and punitive damages 652.240
Paying wage lower than that required by statute or contract prohibited 652.250
Public employee’s wages as affected by absence to engage in search or rescue operation 652.260
Payment to nurses providing home health or hospice services 652.310
Definitions of employer and employee 652.320
Definitions for ORS 652.310 to 652.414 652.330
Powers and duties of commissioner in enforcing wage claims 652.332
Administrative proceeding for wage claim collection 652.333
Wage claims against licensed construction contractors and businesses 652.335
Liability of liquor dispenser licensee for wage claims of certain individuals 652.340
Requiring bond of employer 652.355
Prohibition of discrimination because of wage claim or refusal to work additional hours 652.360
Contract exempting employer from liability or penalty not valid 652.370
Jurisdiction of courts 652.380
Remedies cumulative 652.390
Deduction of costs from wage claims 652.400
Deposit of moneys in Wage Collection Account 652.405
Disposition of wages collected by commissioner when payment cannot be made to person entitled thereto 652.409
Wage Security Fund 652.414
Procedure for payment from fund 652.420
Definitions for ORS 652.420 to 652.445 652.425
Authority of commissioner to enter into agreements with other states for reciprocal enforcement of wage claims 652.430
Assigning wage claim to labor bureau of another state 652.435
Accepting assignments of wage claims from labor bureau of another state 652.440
Retention by commissioner or labor bureau of percentage of funds collected 652.445
Deposit of moneys in Wage Collection Account 652.500
Receiver to pay accrued wages 652.510
Payment of wage claims by receivers, assignees or court 652.515
Effect of Oregon Receivership Code 652.520
Form of statement of wage claim 652.530
Serving copy of statement 652.540
Exception to claim 652.550
Payment of claims prerequisite to discharge of attachment or execution, assignee or receiver, or to abandonment of seizure or sale 652.560
Costs and attorney fees 652.570
Priority of wage claims over transfers in payment of preexisting obligations 652.610
Itemized statement of amounts and purposes of deductions 652.615
Remedy for violation of ORS 652.610 652.620
Statement of yearly compensation on request of employee 652.630
Definitions for ORS 652.630 to 652.640 652.635
Producers to post certain terms of employment 652.640
Itemized statement of compensation and deductions required 652.710
Fees collected by employer for medical care contracts are trust funds 652.720
Prohibited use by employer of fees for medical care contracts withheld from employee wages 652.750
Inspection of records by employee 652.752
Federal inspections of employee verification records 652.753
Commissioner of Bureau of Labor and Industries to generate notice template for employers 652.755
Rules regarding notice to employees about state and federal earned income tax credits 652.900
Civil penalties 652.990
Criminal penalties

Current through early 2026

§ 652.360. Contract exempting employer from liability or penalty not valid's source at oregon​.gov