72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2128
 
                         House Bill 2767
 
Sponsored by Representative PATRIDGE
 
 
                             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.
 
  Permits employer to make deduction, in reasonable amount
determined by employer, from employee's wages to remedy loss or
damages to employer or third party because of theft by employee
in course of employment.
 
                        A BILL FOR AN ACT
Relating to deductions from wages; amending ORS 652.610.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 652.610 is amended to read:
  652.610. (1) All persons, firms, partnerships, associations,
cooperative associations, corporations, municipal corporations,
the state and its political subdivisions, except the federal
government and its agencies, employing, in this state, during any
calendar month one or more persons, and withholding for any
purpose, any sum of money from the wages, salary or commission
earned by an employee, shall provide such employee on regular
paydays with a statement sufficiently itemized to show the amount
and purpose of such deductions made during the respective period
of service which said payment covers.
  (2) The itemized statement shall be furnished to the employee
at the time payment of wages, salary or commission is made, and
may be attached to or be a part of the check, draft, voucher or
other instrument by which payment is made, or may be delivered
separately from such instrument.
  (3)   { - No - }   { + An + } employer may  { + not + }
withhold, deduct or divert any portion of an employee's wages
unless:
  (a) The employer is required to do so by law;
  (b) The deductions are authorized in writing by the employee,
are for the employee's benefit, and are recorded in the
employer's books;
  (c) The employee has voluntarily signed an authorization for a
deduction for any other item, provided that the ultimate
recipient of the money withheld is not the employer, and that
such deduction is recorded in the employer's books;
  (d) The deduction is authorized by a collective bargaining
agreement to which the employer is a party;   { - or - }
  (e) The deduction is made from the payment of wages upon
termination of employment and is authorized pursuant to a written
agreement between the employee and employer for the repayment of
 
a loan made to the employee by the employer, if all of the
following conditions are met:
  (A) The employee has voluntarily signed the agreement;
  (B) The loan was paid to the employee in cash or other medium
permitted by ORS 652.110;
  (C) The loan was made solely for the employee's benefit and was
not used, either directly or indirectly, for any purpose required
by the employer or connected with the employee's employment with
the employer;
  (D) The amount of the deduction at termination of employment
does not exceed the amount permitted to be garnished under ORS
23.186; and
  (E) The deduction is recorded in the employer's books { + ; or
  (f) The deduction, in a reasonable amount determined by the
employer, is made to remedy a loss or damages to the employer or
a third party because of theft by the employee in the course of
employment with the employer + }.
  (4) Nothing in this section shall be construed as prohibiting
the withholding of amounts authorized in writing by the employee
to be contributed by the employee to charitable organizations,
including contributions made pursuant to ORS 243.666 and 663.110;
nor shall this section prohibit deductions by check-off dues to
labor organizations or service fees, where such is not otherwise
prohibited by law; nor shall this section diminish or enlarge the
right of any person to assert and enforce a lawful setoff or
counterclaim or to attach, take, reach or apply an employee's
compensation on due legal process.
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