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 2493
 
                         House Bill 2915
 
Sponsored by Representatives BARKER, ROSENBAUM, SCHAUFLER;
  Representative WITT
 
 
                             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.
 
  Repeals certain limit on penalty wages due employee because of
employer's failure to pay final wages upon termination.
 
                        A BILL FOR AN ACT
Relating to penalty wages for employer's failure to pay final
  wages when due; amending ORS 652.150.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 652.150 is amended to read:
  652.150. (1) Except as provided in   { - subsections (2) and
(3) - }  { + subsection (2) + } of this section, 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 the nonpayment, the wages or compensation
of the 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. However:
  (a) In no case shall the penalty wages or compensation continue
for more than 30 days from the due date; and
  (b) A penalty may not be assessed under this section when an
employer pays an employee the wages the employer estimates are
due and payable under ORS 652.140 (2)(c) and the estimated amount
of wages paid is less than the actual amount of earned and unpaid
wages, as long as the employer pays the employee all wages earned
and unpaid within five days after the employee submits the time
records.
    { - (2) If the employee or a person on behalf of the employee
sends a written notice of nonpayment, 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 receiving the
written notice. 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. For purposes of determining when an employer has
paid wages or compensation under this subsection, payment occurs
on the date the employer delivers the payment to the employee or
sends the payment by first class mail, express mail or courier
service. - }
    { - (3)(a) - }   { + (2)(a) + } For purposes of this section,
a commission owed to an employee by a business that primarily
sells motor vehicles or farm implements is not due until all of
the terms and conditions of an agreement between the employer and
employee concerning the method of payment of commissions are
fulfilled. If no such agreement exists, the commission is due
with all other earned and unpaid wages or compensation as
provided in ORS 652.140.
  (b)   { - Notwithstanding subsection (2) of this section, - }
When there is a dispute between an employer and an employee
concerning the amount of commission due under paragraph (a) of
this subsection, if the amount of unpaid commission is found to
be less than 20 percent of the amount of unpaid commission
claimed by the employee, the penalty may not exceed the amount of
the unpaid commission or $200, whichever is greater.
    { - (4) - }   { + (3) + }   { - Subsections (2) and (3)(b) of
this section do - }  { + Subsection (2)(b) of this section
does + } not apply when:
  (a) The employer has violated ORS 652.140 or 652.145 one or
more times in the year before the employee's employment ceased;
or
  (b) The employer terminated one or more other employees on the
same date that the employee's employment ceased.
    { - (5) - }   { + (4) + } The employer may avoid liability
for the penalty described in this section by showing financial
inability to pay the wages or compensation at the time the wages
or compensation accrued.
                         ----------