(1) A person operating a commercial establishment where food is cooked and served who holds a full on-premises sales license issued under ORS § 471.175 is liable for all valid wage claims of individuals employed in the kitchen facilities and dining space of such establishment who are not employed by such person, if the wage claims cannot be enforced against the employer of such individuals. The Commissioner of the Bureau of Labor and Industries may in such a case proceed under ORS § 652.310 to 652.414 against the person operating the establishment as if that person had employed the individuals assigning the wage claims.

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(2) This section does not impose any liability not otherwise imposed by law for compensation for the performance of an individual’s personal services in excess of a period of 60 days, nor does it subject the person operating an establishment described in this section to criminal penalties for violation of any law providing for payment of wages. [1961 c.475 § 2; 1999 c.351 § 40]