Hours

ORS 652.390
Deduction of costs from wage claims

  • collection fees
  • assignment of wage claims


(1)

The Commissioner of the Bureau of Labor and Industries may deduct and retain any moneys collected on each wage claim as costs, attorney fees or commissioner’s penalties. The amount deducted shall be paid into the General Fund after deducting actual costs and disbursements incurred in the prosecution of the wage claim.

(2)

The commissioner may charge a claimant or respondent on a wage claim for which the commissioner has obtained a judgment the actual collection fees charged to the Bureau of Labor and Industries by any other governmental agency assisting in the collection of the judgment.

(3)

The commissioner is authorized to assign wage claim judgments and orders issued pursuant to ORS 652.332 (Administrative proceeding for wage claim collection) for collection or to obtain assistance in collection of such judgments and orders and may deduct and pay out from any moneys so collected a collection fee. [Amended by 1957 c.465 §7; 1967 c.218 §2; 1983 c.427 §1; 1995 c.82 §2; 2003 c.14 §394; 2009 c.162 §1]
§§ 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