77th OREGON LEGISLATIVE ASSEMBLY--2013 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 1623
 
                           A-Engrossed
 
                         House Bill 2683
                  Ordered by the House April 4
            Including House Amendments dated April 4
 
Sponsored by Representative JOHNSON (at the request of Associated
  Oregon Industries) (Presession filed.)
 
 
                             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.
 
  Authorizes employer to pay wages due employee through direct
deposit into employee's account   { - or by other means of
electronic transfer - } .
 
                        A BILL FOR AN ACT
Relating to method of payment of wages; amending ORS 652.110.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 652.110 is amended to read:
  652.110. (1) A person engaged in any business or enterprise of
any kind in this state may not issue, in payment of or as
evidence of indebtedness for wages due an employee, any order,
check, memorandum or other instrument of indebtedness unless the
instrument is negotiable and payable without discount in cash on
demand at some bank or other established place of business in the
county where the employee lives or works and where a sufficient
amount of funds have been provided and are or will be available
for the payment of the instrument when due. The person shall,
upon presentation and demand, pay 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
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. - }  { +  An employer may pay
wages without discount through direct deposit of wages due to an
employee into 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, - }   { + an + }
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.
   { +  (7) Nothing in this section is intended to limit or
otherwise affect a collective bargaining agreement. + }
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