(1) Any employee asserting a violation of ORS § 652.020, 653.263 or 653.265 may file a complaint with the Commissioner of the Bureau of Labor and Industries under ORS § 659A.820 or a civil action as provided in ORS § 659A.885.

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Terms Used In Oregon Statutes 652.035

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

(2) In addition to any other damages provided by law, the commissioner may assess a civil penalty against the employer in the amount of $1,000.

(3) The commissioner shall waive 50 percent of the amount of any civil penalty imposed by order under this section if the commissioner determines that the employer paid the full remedy due, not including any civil penalty, within 14 days after the order imposing the remedy became final by operation of law or on appeal.

(4) Civil penalties authorized by this section shall be imposed in the manner provided in ORS § 183.745.

(5) An employer may not retaliate or in any way discriminate against an individual with respect to hire or tenure or any other term or condition of employment because the individual has inquired about the provisions of this section or ORS § 652.020, 653.261 or 653.265 or has reported a violation to, or filed a complaint with, the Bureau of Labor and Industries. [2017 c.685 § 11]

 

652.035 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 652 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

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