Minimum Wages

ORS 653.256
Civil penalty for general employment statute or rule violations


(1)

In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed $1,000 against any person that willfully violates ORS 653.025 (Minimum wage rate), 653.030 (Commissioner may prescribe lower rates in certain cases), 653.045 (Records to be kept by employers), 653.050 (Employers to post summary of law and rules), 653.060 (Discharging or discriminating against employee prohibited), 653.261 (Minimum employment conditions), 653.265 (Overtime for persons employed in canneries, driers and packing plants), 653.606 (Employee count), 653.611 (Substantially equivalent policies), 653.616 (Allowable uses of sick time), 653.621 (Minimum use increments), 653.626 (Medical verification), 653.631 (Accrual amount records) or 653.636 (Minimum requirements) or section 5, chapter 537, Oregon Laws 2015, or any rule adopted thereunder.

(2)

In addition to any other penalty provided by law, the commissioner may assess a civil penalty not to exceed $1,000 against any person that intentionally violates ORS 653.077 (Expressing milk in workplace) or any rule adopted thereunder.

(3)

Civil penalties authorized by this section shall be imposed in the manner provided in ORS 183.745 (Civil penalty procedures).

(4)

(a) All sums collected as penalties under this section shall be first applied toward reimbursement of costs incurred in determining the violations, conducting hearings under this section and addressing and collecting the penalties.

(b)

The remainder, if any, of the sums collected as penalties under subsection (1) of this section shall be paid over by the commissioner to the Department of State Lands for the benefit of the Common School Fund of this state. The department shall issue a receipt for the money to the commissioner.

(c)

The remainder, if any, of the sums collected as penalties under subsection (2) of this section shall be paid over by the commissioner to the Department of Human Services for the benefit of the Breastfeeding Mother Friendly Employer Project. The department shall issue a receipt for the moneys to the commissioner. [1997 c.314 §2; 2001 c.690 §3; 2007 c.144 §2; 2015 c.537 §17; 2017 c.685 §5]
§§ 653.010 to 653.261

Atty. Gen. Opinions

Jurisdiction of Wage and Hour Commission, (1974) Vol 37, p 163

§§ 653.010 to 653.256

Notes of Decisions

Person is employee for purposes of minimum wage law if suffered or permitted to work. State ex rel Roberts v. Bomareto Ent., Inc., 153 Or App 183, 956 P2d 254 (1998), Sup Ct review denied

Chapter 653

Atty. Gen. Opinions

Wage and Hour Commission jurisdiction to regulate governmental entity's employment of minors, (1979) Vol 39, p 489


Source

Last accessed
Jun. 26, 2021