Hours

ORS 652.380
Remedies cumulative

  • effect of payment or tender by employer after proceeding commenced


(1)

The remedies provided by ORS 652.310 (Definitions of employer and employee) to 652.414 (Procedure for payment from fund) shall be additional to and not in substitution for and in no manner impair other remedies and may be enforced simultaneously or consecutively so far as not inconsistent with each other.

(2)

No payment or tender after the filing of a criminal complaint or commencement of any proceeding by the Commissioner of the Bureau of Labor and Industries shall affect the liability therein of an employer for expenses, or prevent such employer from being subject to fine or forfeitures, or to the giving of bond under ORS 652.340 (Requiring bond of employer).
§§ 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