Chapter 7 Oregon Laws 2001

AN ACT

HB 2221

Relating to enforcement of wage claims against producer-promoters; amending ORS 652.310 and 652.320.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 652.310 is amended to read:

652.310. As used in ORS 652.310 to 652.414, unless the context requires otherwise:

(1) “Employer” means any person who in this state, directly or through an agent, engages personal services of one or more employees and includes [any producer-promoter, and] any successor to the business of any employer, or any lessee or purchaser of any employer's business property for the continuance of the same business, so far as such employer has not paid employees in full. “Employer” includes the State of Oregon or any political subdivision thereof or any county, city, district, authority, public corporation or entity and any of their instrumentalities organized and existing under law or charter but does not include:

(a) The United States.

(b) Trustees and assignees in bankruptcy or insolvency, and receivers, whether appointed by federal or state courts, and persons otherwise falling under the definition of employers so far as the times or amounts of their payments to employees are regulated by laws of the United States, or regulations or orders made in pursuance thereof.

(2) “Employee” means any individual who otherwise than as copartner of the employer or as an independent contractor renders personal services wholly or partly in this state to an employer who pays or agrees to pay such individual at a fixed rate, based on the time spent in the performance of such services or on the number of operations accomplished, or quantity produced or handled. However:

(a) Where services are rendered by an independent contractor, an individual shall not be an employee under this section unless the individual is a musician or supporting technical person.

(b) Where services are rendered only partly in this state, an individual shall not be an employee under this section unless the contract of employment of the employee has been entered into, or payments thereunder are ordinarily made or to be made, within this state.

SECTION 2. ORS 652.320, as amended by section 39, chapter 351, Oregon Laws 1999, is amended to read:

652.320. As used in ORS 652.310 to 652.414, unless the context requires otherwise:

(1) “Commissioner” means the Commissioner of the Bureau of Labor and Industries.

(2) “Court” means a court of competent jurisdiction and proper venue to entertain a proceeding referred to in ORS 652.310 to 652.414.

(3) “Demand” means a written demand for payment made during business hours on an employer or any appropriate representative of an employer by an employee or by some person having and exhibiting due authority to act in said employee's behalf.

(4) “Pay” means to deliver or tender compensation at a previously designated and reasonably convenient place in this state, during working hours, in legal tender or by order or negotiable instrument payable and paid in legal tender without discount on demand in this state or by deposit without discount in an employee's account in a financial institution, as defined in ORS 706.008, in this state, provided the employee and the employer have agreed to such deposit.

(5) “Payment” means the delivery, tender or deposit of compensation in the medium of payment described in subsection (4) of this section. Such delivery, tender or deposit shall be made to or for the account of the employee concerned or to or for the account of any person having due authority to act in said employee's behalf.

[(6) “Production” means a live presentation organized for the economic gain of any person or organization utilizing the personal services of one or more musicians and supporting technical personnel.]

[(7) “Producer-promoter” means a person, firm, association or corporation which supervises, finances or attempts to organize a production in this state other than:]

[(a) The proprietor of a commercial establishment with a full or limited on-premises sales license issued under ORS chapter 471 who is staging a production on the proprietor's own premises;]

[(b) Any nonprofit organization staging a production for the sole benefit of the organization, its members or the general public; or]

[(c) A producer of motion pictures, television shows, or commercials.]

[(8)] (6) “Rate of payment” means the rate at which payment is made or is to be made in the manner described in this section.

[(9)] (7) “Wage claim” means an employee's claim against an employer for compensation for the employee's own personal services, and includes any wages, compensation, damages or civil penalties provided by law to employees in connection with a claim for unpaid wages.

Approved by the Governor March 5, 2001

Filed in the office of Secretary of State March 5, 2001

Effective date January 1, 2002

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