Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 15 - RULES REGULATING LABOR CONTRACTORS
Section 839-015-0508 - Violations for Which a Civil Penalty May Be Imposed

Universal Citation: OR Admin Rules 839-015-0508

Current through Register Vol. 63, No. 9, September 1, 2024

(1) Pursuant to ORS 658.453, the commissioner may impose a civil penalty for each of the following violations:

(a) Recruiting, soliciting, supplying or employing workers without a license to act as a labor contractor in violation of ORS 658.410;

(b) Failing to carry a labor contractor's license at all times while acting as a labor contractor and exhibit it upon request to any person with whom the contractor intends to deal in the capacity of a labor contractor, in violation of ORS 658.440(1)(a);

(c) Failing to post a notice in English and in any other language used to communicate with workers that the contractor has a bond or deposit and where claims can be made against the bond or deposit in violation of ORS 658.415(15);

(d) Failing to file a change of address notice with the U.S. Post Office and the bureau in violation of ORS 658.440(1)(b);

(e) Failing to pay or distribute when due any money or other valuables entrusted to the contractor in violation of ORS 658.440(1)(c);

(f) Failing to comply with contracts or agreements entered into as a contractor in violation of ORS 658.440(1)(d);

(g) Failing to furnish each worker, at the time of hiring, recruiting, soliciting or supplying, whichever occurs first, a written statement that contains the terms and conditions described in ORS 658.440(1)(f);

(h) Failing to execute a written agreement between the worker and the labor contractor containing the terms and conditions described in ORS 658.440(1)(f), at the time of hiring and prior to the worker performing any work for the labor contractor;

(i) Failing to furnish each worker with an itemized deduction statement and statement as to the rate of wage to be paid and other information in violation of ORS 658.440(1)(h);

(j) Making misrepresentations, false statements or willful concealments on the license applications in violation of ORS 658.440(3)(a);

(k) Willfully making or causing to be made any false, fraudulent or misleading information concerning the terms, conditions or existence of employment in violation of ORS 658.440(3)(b);

(l) Soliciting or inducing or causing to be solicited or induced a violation of an existing employment contract in violation of ORS 658.440(3)(c);

(m) Knowingly employing a noncitizen not legally employable or present in the United States in violation of ORS 658.440(3)(d);

(n) Assisting an unlicensed person to act as a contractor in violation of ORS 658.440(3)(e);

(o) Inducing in any manner whatsoever an employee or subcontractor to give up any part of the employee's or subcontractor's compensation to which they are entitled under an employment contract or under federal or state wage laws in violation ORS 658.440(3)(f);

(p) Soliciting, inducing, or causing to be solicited or induced, the travel of a worker from one place to another by representing to a worker that employment for the worker is available at the destination when employment for the worker is not available within 30 days after the date work was represented as being available, is in violation of ORS 658.440(3)(g);

(q) Discharging or in any other manner discriminating against employees in violation of ORS 658.452;

(r) Failing to provide lodging and food when required by ORS 658.440(2)(c) and these rules;

(s) Failing to carry the license in violation of ORS 658.440(1)(a);

(t) Failing to exhibit the license in violation of ORS 658.440(1)(a);

(u) Failing to provide certified true copies of payroll records in violation of ORS 658.440(1)(i);

(v) Failing to provide workers' compensation insurance in violation of ORS 658.440(1)(j).

(2) In the case of forest labor contractors, in addition to any other penalties, a civil penalty may be imposed for failing to obtain a special indorsement from the bureau to act as a forest labor contractor in violation of ORS 658.417(1).

(3) The commissioner may impose a civil penalty on a person to whom workers are to be provided, when the person or the person's agent allows work to be performed on any contract or agreement with an unlicensed labor contractor without first complying with the provisions of ORS 658.437(2).

(4) In the case of property services contractors a civil penalty may be imposed for:

(a) Failing to provide professional training to managers, supervisors and workers the property services contractor employs in janitorial services required by ORS 658.428 and OAR 839-015-0380;

(b) Failing to provide information on the total number of workers the property services contractor employs in janitorial services, the work locations at which janitorial services are provided, or any demographic data that is voluntarily provided by workers as required under ORS 658.427, OAR 839-015-0355, and OAR 839-015-0400.

Statutory/Other Authority: ORS 651 & 658

Statutes/Other Implemented: ORS 658.405 - 658.503

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