ORS 653.480
Enforcement; right of action; penalties


(1)

An employee asserting a violation of ORS 653.470 (Retaliation prohibited) may file a complaint with the Commissioner of the Bureau of Labor and Industries under ORS 659A.820 (Complaints) or a civil action as provided in ORS 659A.885 (Civil action).

(2)

The commissioner has the same enforcement powers with respect to the rights established under this section and ORS 653.422 (Covered employees), 653.432 (Voluntary standby list), 653.436 (Advance notice of work schedule), 653.442 (Right to rest between work shifts), 653.450 (Employee right to input into work schedule), 653.455 (Compensation for work schedule changes), 653.465 (Record retention requirements), 653.470 (Retaliation prohibited) and 653.485 (Legislative intent) as are established in this chapter and ORS chapter 652.

(3)

In addition to any other damages provided by law, the commissioner may assess a statutory penalty as follows:

(a)

$500 for any violation of ORS 653.460 (Notice and posting requirements).

(b)

$1,000 for any violation of ORS 653.422 (Covered employees), 653.432 (Voluntary standby list), 653.436 (Advance notice of work schedule), 653.442 (Right to rest between work shifts), 653.450 (Employee right to input into work schedule), 653.455 (Compensation for work schedule changes), 653.465 (Record retention requirements) or 653.470 (Retaliation prohibited).

(4)

If the commissioner determines that the employer paid the full remedy due, not including any statutory penalty, within 14 days of service of an order, the commissioner shall waive 50 percent of the amount of any statutory penalty imposed by order under this section. [2017 c.691 §11]
Note: See note under 653.412 (Definitions).

Source
Last accessed
May. 15, 2020