71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 548
 
                         House Bill 2221
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Commissioner Jack Roberts
  for Bureau of Labor and Industries)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Removes obsolete references to producer-promoter and production
in wage claim enforcement law.
 
                        A BILL FOR AN ACT
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.
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