Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 1 - WAGE COLLECTION MATTERS
Section 839-001-0510 - Eligibility for Wage Payment from the Wage Security Fund
Universal Citation: OR Admin Rules 839-001-0510
Current through Register Vol. 63, No. 3, March 1, 2024
(1) An employee is eligible for the payment of a wage claim from the Fund when the Commissioner makes the following determinations:
(a) The employer has ceased
doing business in Oregon; and
(b)
The employer is without sufficient assets to fully and promptly pay the wage
claim at the cessation of doing business; and
(c) The wage claim cannot otherwise be fully
and promptly paid; and
(d) The wage
claim is valid; and
(e) The amount
claimed was earned within 60 days of the date of the cessation of business or
if the claimant filed a wage claim before the cessation of business, the amount
claimed was earned within 60 days before the last day the claimant was
employed.
(2) When the Commissioner obtains a judgment or issues a final order, including an order of determination that has become final, an employee is eligible for the payment of the amount of unpaid wages due pursuant to the judgment or final order from the Fund, except as provided in OAR 839-001-0520(3) and (4).
Statutory/Other Authority: ORS 651.060(4) & Chapter 652
Statutes/Other Implemented: ORS 652.414 & House Bill 2818, 2021
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