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 349
 
                         House Bill 2867
 
Sponsored by Representatives KNOPP, WINTERS (at the request of
  Jack Roberts, Commissioner of the 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.
 
  Modifies limit of penalty wage for failure to pay final wages
when due. Imposes civil penalty for failure to pay final wages
when due or failure to pay minimum wage or overtime.
 
                        A BILL FOR 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) The penalty may not exceed 100 percent of the employee's
unpaid wages or compensation if the employer pays 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 certified or registered mail, return receipt requested.
  (3) + } 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.
  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.
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