74th OREGON LEGISLATIVE ASSEMBLY--2007 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 834
B-Engrossed
House Bill 2256
Ordered by the Senate May 29
Including House Amendments dated April 4 and Senate Amendments
dated May 29
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Commissioner of the Bureau
of Labor and Industries Dan Gardner)
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.
Allows employer and employee to agree that employer may pay
wages through electronic transfer if employee may make initial
withdrawal of entire amount of net pay without cost to employee
or employee may choose other means of payment that involves no
cost to employee. Allows Commissioner of Bureau of Labor and
Industries to assess civil penalty for violation of law relating
to medium of paying wages.
A BILL FOR AN ACT
Relating to payment of wages; amending ORS 652.110, 652.200 and
652.900.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 652.110 is amended to read:
652.110. { + (1) + } { - No - } { + A + } person engaged
in any business or enterprise of any kind in this state
{ - shall - } { + may not + } issue, in payment of or as
evidence of indebtedness for wages due an employee, any order,
check, memorandum or other { - acknowledgment - }
{ + instrument + } of indebtedness { - , - } unless the
{ - same - } { + instrument + } is negotiable { - , - } and
{ - is - } payable without discount in cash on demand at some
bank or other established place of business in the county where
the { - same is issued, - } { + employee lives or works + }
and where a sufficient amount of funds have been provided and are
or will be available for the payment of { - such order, check
or other acknowledgment of indebtedness - } { + the
instrument + } when due. { - Such - } { + The + } person
shall, upon presentation and demand, pay { - any such order,
check, memorandum or other acknowledgment of indebtedness, - }
{ + the instrument + } in lawful money of the United States.
{ + (2) + } This section does not in any way limit or
interfere with the right of any employee to accept from any
person, as an evidence or acknowledgment of indebtedness for
wages due the employee, a negotiable instrument, payable at some
future date with interest.
{ + (3) + } An employer and an employee may agree to
authorize { - an - } { + the + } employer to deposit without
discount wages due the employee in the employee's account in a
financial institution, as defined in ORS 706.008, in this state.
{ + (4) An employer and an employee may agree that the
employer may pay wages through a direct deposit system, automated
teller machine card, payroll card or other means of electronic
transfer if the employee may:
(a) Make an initial withdrawal of the entire amount of net pay
without cost to the employee; or
(b) Choose to use another means of payment of wages that
involves no cost to the employee.
(5) An agreement described in subsection (4) of this section
must be made in the language that the employer principally uses
to communicate with the employee.
(6)(a) Except as provided in paragraph (b) of this subsection,
to revoke an agreement described in subsection (4) of this
section, an employee shall give the employer a written notice of
revocation of the agreement. Unless the employer and employee
agree otherwise, the agreement is revoked 30 days after the date
the notice is received by the employer.
(b) To revoke an agreement described in subsection (4) of this
section, an employee who works for an employer as a seasonal
farmworker as defined in ORS 652.145 or an employee who is
employed in packing, canning, freezing or drying any variety of
agricultural crops shall give the employer notice of revocation
of the agreement either orally or in writing. Unless the employer
and the employee agree otherwise, the agreement is revoked 10
days after the date the notice is received by the employer. + }
SECTION 2. ORS 652.200 is amended to read:
652.200. (1) In any action for the collection of any order,
check, memorandum or other { - acknowledgment - }
{ + instrument + } of indebtedness referred to in ORS 652.110,
if it is shown that the order, check, memorandum or other
{ - acknowledgment - } { + instrument + } of indebtedness was
not paid for a period of 48 hours, excluding Saturdays, Sundays
and holidays, after presentation and demand for the payment
thereof, the court shall, upon entering judgment for the
plaintiff, include in { - such - } { + the + } judgment, in
addition to the costs and disbursements otherwise prescribed by
statute, a reasonable sum for attorney fees at trial and on
appeal for prosecuting { - said - } { + the + } action,
unless it appears that the employee has willfully violated the
contract of employment.
(2) In any action for the collection of wages, if it is shown
that the wages were not paid for a period of 48 hours, excluding
Saturdays, Sundays and holidays, after the { - same - }
{ + wages + } became due and payable, the court shall, upon
entering judgment for the plaintiff, include in { - such - }
{ + the + } judgment, in addition to the costs and disbursements
otherwise prescribed by statute, a reasonable sum for attorney
fees at trial and on appeal for prosecuting { - said - }
{ + the + } action, unless it appears that the employee has
willfully violated the contract of employment or unless the court
finds that the plaintiff's attorney unreasonably failed to give
written notice of the wage claim to the employer before filing
the action.
SECTION 3. 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, { + 652.110, + } 652.140 or 652.145 or any
rule adopted pursuant thereto.
(2) Civil penalties under this section shall be imposed as
provided in ORS 183.745.
(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.
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