Oregon Statutes 658.453 – Civil penalty; disposition of funds; civil action by worker
(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 $2,000 for each violation by:
Terms Used In Oregon Statutes 658.453
- 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.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- State Treasury: includes those financial assets the lawful custody of which are vested in the State Treasurer and the office of the State Treasurer relating to the custody of those financial assets. See Oregon Statutes 174.100
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) A labor contractor who, without the license required by ORS § 658.405 to 658.511, recruits, solicits, supplies or employs a worker.
(b) A labor contractor who fails to comply with ORS § 658.415 (16).
(c) A labor contractor who fails to comply with ORS § 658.440 (1), (2)(c) or (3).
(d) Any person who violates ORS § 658.452.
(e) A labor contractor who fails to comply with ORS § 658.417 (1).
(f) Any person who uses an unlicensed labor contractor without complying with ORS § 658.437.
(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 Agricultural Worker Housing Development Account of the Oregon Housing Fund.
(4) After filing a complaint with the commissioner, in addition to any other penalty provided by law, a worker has a right of action against a labor contractor who violates ORS § 658.417 (1) or (2), 658.440 or 658.452 without exhausting any alternative administrative remedies. The action may not be commenced later than two years after the date of the violation giving rise to the right of action. The amount of damages recoverable for each violation under this subsection is actual damages or $1,000, whichever amount is greater. In any such action the court may award to the prevailing party, in addition to costs and disbursements, reasonable attorney fees at trial and appeal. [1979 c.883 § 3; 1981 c.606 § 5; 1981 c.897 § 94; 1983 c.654 § 7; 1989 c.164 § 5; 1989 c.706 § 21; 1991 c.734 § 61; 1991 c.907 § 3; 2001 c.310 § 5; 2005 c.340 § 5; 2007 c.160 § 5; 2013 c.584 § 20; 2017 c.676 § 9; 2021 c.525 § 26]