§ 658.453 — Civil penalty; disposition of funds; civil action by worker

Oregon § 658.453

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

Text

(1) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed $2,000 for each violation by:
(a) A labor contractor who, without the license required by ORS 658.405 to 658.511, recruits, solicits, supplies or employs a worker.
(b) A labor contractor who fails to comply with ORS 658.415 (16).
(c) A labor contractor who fails to comply with ORS 658.440 (1), (2)(c) or (3).
(d) Any person who violates ORS 658.452.
(e) A labor contractor who fails to comply with ORS 658.417 (1).
(f) Any person who uses an unlicensed labor contractor without complying with ORS 658.437.
(2) Civil penalties under this section shall be imposed as provided in ORS 183.745.
(3) All penalties recovered under this section shall be paid into the State Treasury and credited to the Agricultural Worker Housing Development Account of the Oregon Housing Fund.
(4) After filing a complaint with the commissioner, in addition to any other penalty provided by law, a worker has a right of action against a labor contractor who violates ORS 658.417 (1) or (2), 658.440 or 658.452 without exhausting any alternative administrative remedies. The action may not be commenced later than two years after the date of the violation giving rise to the right of action. The amount of damages recoverable for each violation under this subsection is actual damages or $1,000, whichever amount is greater. In any such action the court may award to the prevailing party, in addition to costs and disbursements, reasonable attorney fees at trial and appeal.

Legislative History

1979 c.883 §3; 1981 c.606 §5; 1981 c.897 §94; 1983 c.654 §7; 1989 c.164 §5; 1989 c.706 §21; 1991 c.734 §61; 1991 c.907 §3; 2001 c.310 §5; 2005 c.340 §5; 2007 c.160 §5; 2013 c.584 §20; 2017 c.676 §9; 2021 c.525 §26