ORS 658.185
Limitation on charges

  • manner of calculating certain charges
  • credits and refunds

(1)

As used in this section:

(a)

“Permanent employment” means all employment that lasts 90 calendar days or more.

(b)

“Temporary employment” means employment that is contemplated at the time of referral by an employment agency to last less than 90 calendar days regardless of the reason for termination of the employment.

(2)

Intentionally left blank —Ed.

(a)

If an individual is employed in temporary employment through the services of an employment agency, the charge for services paid by the individual shall not exceed one-ninetieth of the charge for permanent employment for each consecutive calendar day during the period the individual is employed or compensated as though employed.

(b)

If an individual leaves employment within 90 days after the starting date of employment, the employment agency shall reduce the charge for services payable by the individual to that payable for temporary employment under paragraph (a) of this subsection and shall refund any charge paid in excess of that amount.

(c)

Notwithstanding the other provisions of this section, in no instance in which the employment secured is subsequently terminated shall the charge for services by an employment agency be greater than the total gross earnings of the individual.

(d)

All interest, fees or other charges paid or required to be paid to any person or organization in order to procure the funds to pay an employment agency’s charge for services shall be allowed as a credit against the charge. The provisions of this paragraph shall be stated in all contracts provided for in ORS 658.172 (Job referral requirements).

(e)

A refund when due shall be made within 10 days after request therefor by the individual. If the decision of the employment agency is not to make a refund, the agency shall notify the individual in writing, within such 10-day period, as to the specific reasons or circumstances for which the refund is not made. If the agency fails to properly notify the individual or fails to tender a refund within the 10-day period, the agency shall be liable to the individual in the amount of an additional sum equal to the amount of the refund.

(3)

Intentionally left blank —Ed.

(a)

If an individual secures employment in which the individual is to be paid on the basis of straight commissions, or a drawing account against commissions, or either a drawing account or salary plus commissions, the charge for services payable by the individual may be predicated upon the projected total gross earnings of the individual during the first year of employment as estimated by the employer and upon the employer demonstrating to the agency reasonable grounds therefor.

(b)

Upon the conclusion of the individual’s first six months and the conclusion of the individual’s second six months of employment, a computation of the individual’s actual total gross earnings may be provided by the individual to the agency, and, predicated upon appropriate proof of such earnings, an adjustment in the charge for services shall be made by which either the agency shall refund to the individual any excess charge paid by the individual or the individual shall pay to the agency any deficiency thereon.

(c)

If the individual’s employment is terminated prior to the conclusion of the first 12 months of employment, the actual total gross earnings of the individual for the period of employment shall be projected to 12 months on a pro rata basis as though the individual had been employed for the entire period of 12 months, and a computation shall be made thereon. The charge for services paid or payable by the individual shall be predicated upon such computation as though the individual had been so employed. [1953 c.694 §18; 1961 c.380 §18; 1969 c.493 §97; 1973 c.678 §17; 1981 c.318 §22; 1997 c.55 §13]

Source: Section 658.185 — Limitation on charges; manner of calculating certain charges; credits and refunds, https://www.­oregonlegislature.­gov/bills_laws/ors/ors658.­html.

Notes of Decisions

Limitation on employment agency fees does not apply to employer-paid fees. McDuffy, Edwards and Assoc. v. Peripheral Systems, 93 Or App 226, 762 P2d 299 (1988)

658.005
Definitions for ORS 658.005 to 658.245
658.008
Purpose
658.015
Exemptions from ORS 658.005 to 658.245
658.019
Rehabilitation services agency exemption
658.065
Employment agency business not to be conducted in certain places
658.075
Agency to file security
658.078
Record keeping
658.115
Civil penalties
658.125
Judicial review
658.145
Schedule of charges
658.155
Posting and furnishing schedule of charges
658.165
Order necessary before referral or charge to be made
658.168
Contract requirements
658.172
Job referral requirements
658.174
Contracts in violation of law prohibited
658.176
Fees and charges for services
658.185
Limitation on charges
658.195
Giving false information or making false representations
658.205
Prohibited agency employment activities
658.210
Rules
658.220
Injunctive relief for violation
658.245
Actions upon agency bonds or letters of credit
658.250
Employment listing service
658.405
Definitions for ORS 658.405 to 658.511
658.407
Administration and enforcement of ORS 658.405 to 658.511
658.410
Labor contractor license requirement
658.411
Licensing subject to employee indorsement
658.412
License examination
658.413
Fee schedule for licenses, indorsements and renewals
658.415
Application for license
658.416
Reduction of bond or deposit
658.417
Additional requirements for forestation activities
658.418
Exemption from certain requirements
658.419
Proof of financial responsibility from agricultural associations and certain nonprofit corporations
658.420
Investigation of applicant
658.425
Temporary permit pending issuance of license
658.427
Duty of commissioner to establish procedures for licensing of property services contractors
658.428
Rules must require property services contractors to provide professional training
658.430
Form of license
658.435
Expiration and renewal of licenses
658.437
Duties of labor contractors
658.440
Requirements for labor contractors
658.445
Revocation, suspension or refusal to renew license
658.450
Applicability of Administrative Procedures Act
658.452
Prohibitions relating to discharge of or discrimination against employee
658.453
Civil penalty
658.455
Disposition of moneys received
658.465
Liability of person using services of unlicensed labor contractor
658.467
Liability of member of agricultural association
658.475
Injunctive relief and damages for violation of ORS 658.405 to 658.511
658.480
Authority of commissioner to enter into reciprocal agreements
658.485
Transfer of funds collected under reciprocal agreements
658.487
Certain agreements void
658.489
Failure or refusal of labor contractor to pay claim
658.501
Application of ORS 658.405 to 658.511
658.503
Service of process when labor contractor unavailable
658.511
Wage claim against property services contractor or construction labor contractor
658.705
Definitions for ORS 658.705 to 658.850
658.715
Farmworker camp operator requirements
658.717
Notice of farmworker camp operations
658.720
Certain agreements void
658.730
Farm labor contractor indorsement to operate farmworker camp
658.735
Bond required
658.740
Revocation, suspension, refusal to issue or renew indorsement
658.750
Camp operator registration
658.755
Farmworker camp operator duties
658.760
Prohibited actions by operator
658.780
Protest of registration
658.785
Revocation or suspension of registration
658.790
Uninhabitable camp
658.800
Service of process on unregistered farmworker camp operator
658.805
Denial of right to court action in certain cases
658.810
Fees
658.815
Disposition of moneys
658.820
Rules
658.825
Determination of violation of other provisions required
658.827
Department to report violations
658.830
Interagency coordination agreement
658.850
Civil penalties
658.991
Criminal penalties
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