Miscellaneous Prohibitions Relating to Employment and Discrimination

ORS 659.825
Employer failing to make agreed payments to employee benefit fund

Whenever an employer has agreed in writing with any employee to make payments to a health and welfare, dental, pension, vacation, apprenticeship and industry fund or any other such plan for the benefit of the employees, or has entered into a collective bargaining agreement providing for such payments, it shall be unlawful for such an employer willfully or with intent to defraud to fail to make the payments required by the terms of any such agreement. [Formerly 659.320]

Notes of Decisions

The employer’s status as trustee is not converted to that of fiduciary for purposes of the federal Bankruptcy Act exempting from discharge debts created by the bankrupt’s misappropriation or defalcation while acting in a fiduciary capacity. In re Thornton, 544 F2d 1005 (1976)


Last accessed
May 30, 2023