§ 658.411 — Licensing subject to employee indorsement; terms and conditions

Oregon § 658.411

• Jurisdiction: Oregon
• Vol.: 16
• Title 51: Labor and Employment; Unlawful Discrimination
• Ch. 658: Employment Agencies; Farm Labor Contractors and Construction Labor

Text

(1) An employee of a labor contractor who is licensed under ORS 658.405 to 658.511 may be licensed as a labor contractor subject to an employee indorsement if the employee continuously meets all of the following conditions:
(a) The employee’s employer has filed with the Commissioner of the Bureau of Labor and Industries a signed statement, in a form required by the commissioner, agreeing to sponsor the application and to notify the commissioner promptly upon termination of the employment of the employee;
(b) The employee engages in activities that would require licensing as a labor contractor solely on behalf of the employer;
(c) The employee does not personally employ any workers and is not responsible for paying any workers;
(d) The employer maintains proof of financial responsibility;
(e) The employer’s license remains in good standing; and
(f) The employee meets all of the conditions for licensing as a labor contractor, except as provided in this section.
(2) A labor contractor subject to an employee indorsement acting in compliance with subsection (1) of this section need not:
(a) Provide proof of financial responsibility under ORS 658.415 (3).
(b) Comply with ORS 658.440 (1)(j).
(c) Provide any of the following information that is of a personal nature if the labor contractor subject to an employee indorsement is an employee of a property services contractor:
(A) A Social Security number;
(B) A home address and telephone number;
(C) Personal financial information; and
(D) Personal income tax or property tax information.
(3) The license of a labor contractor subject to an employee indorsement shall state the conditions contained in subsection (1) of this section on its face and shall state that a labor contractor subject to an employee indorsement who operates out of compliance with these restrictions is an unlicensed labor contractor.
(4) A labor contractor who employs another labor contractor is personally, jointly and severally liable for any damages, attorney fees or costs awarded against the employee for the actions of the labor contractor employee undertaken within the scope of employment, or for actions of the employee that the employee takes under color of an employee’s license subject to an employee indorsement that are known, or reasonably should have been known, by the employer. In the case of a labor contractor that is a corporation, both the corporation and the licensed majority shareholder or shareholders are so liable.

Legislative History

1995 c.73 §3; 2005 c.340 §3; 2007 c.160 §4; 2013 c.584 §5; 2018 c.8 §3