71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         House Bill 2867
 
Sponsored by Representatives KNOPP, WINTERS (at the request of
  Jack Roberts, Commissioner of the Bureau of Labor and
  Industries)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to penalties for violations of wage laws; amending ORS
  652.150, 652.900 and 653.256.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 652.150 is amended to read:
  652.150. If an employer willfully fails to pay any wages or
compensation of any employee whose employment ceases, as provided
in ORS 652.140 and 652.145, then, as a penalty for such
nonpayment, the wages or compensation of such employee shall
continue from the due date thereof at the same hourly rate for
eight hours per day until paid or until action therefor is
commenced { + . + }   { - ; provided, that - }  { +  However:
  (1) + } In no case shall such wages or compensation continue
for more than 30 days from the due date  { - ; and provided
further, - }  { + .
  (2) Except as provided in subsection (3) of this section, the
penalty may not exceed 100 percent of the employee's unpaid wages
or compensation unless the employer fails to pay the full amount
of the employee's unpaid wages or compensation within 12 days
after written notice of such nonpayment is sent to the employer
by or on behalf of the employee. If the employee or a person on
behalf of the employee fails to send the written notice, the
penalty may not exceed 100 percent of the employee's unpaid wages
or compensation.
  (3) Subsection (2) of this section does not apply when the
employer has willfully violated ORS 652.140 or 652.145 one or
more times in the year before the employee's employment ceased.
  (4) + } The employer may avoid liability for the penalty by
showing financial inability to pay the wages or compensation at
the time they accrued.
  SECTION 2. ORS 652.900 is amended to read:
  652.900. (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 $1,000 against any person who
violates ORS 652.020 { + , 652.140 or 652.145 + } or any rule
adopted pursuant thereto.
  (2) Civil penalties under this section shall be imposed as
provided in ORS 183.090.
  (3) All penalties recovered under this section shall be paid
into the State Treasury and credited to the General Fund and are
available for general governmental expenses.
 
 
Enrolled House Bill 2867 (HB 2867-A)                       Page 1
 
 
 
  SECTION 3. ORS 653.256 is amended to read:
  653.256. (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 $1,000 against any person who
willfully violates ORS  { + 653.025, + } 653.030, 653.045,
653.050, 653.060 or 653.261 or any rule adopted   { - pursuant
thereto. However, no civil penalty may be assessed for violations
of rules pertaining to the payment of overtime wages - }  { +
thereunder + }.
  (2) Civil penalties authorized by this section shall be imposed
in the manner provided in ORS 183.090.
  (3) All sums collected as penalties   { - pursuant to - }
 { + under + } this section shall be first applied toward
reimbursement of costs incurred in determining the violations,
conducting hearings under this section and addressing and
collecting such penalties. The remainder, if any, of the sums
collected as penalties   { - pursuant to - }   { + under + } this
section shall be paid over by the commissioner to the Division of
State Lands for the benefit of the Common School Fund of this
state. The division shall issue a receipt for the money to the
commissioner.
                         ----------
 
 
Passed by House May 29, 2001
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate June 13, 2001
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2867 (HB 2867-A)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2867 (HB 2867-A)                       Page 3