ORS Chapter 658

Chapter 658 — EmploymentAgencies; Farm Labor Contractors; Farmworker Camps

2009 EDITION

EMPLOYMENTAGENCIES; CONTRACTORS

LABOR,EMPLOYMENT; UNLAWFUL DISCRIMINATION

EMPLOYMENTAGENCIES

658.005 Definitionsfor ORS 658.005 to 658.245

658.008 Purpose

658.015 Exemptionsfrom ORS 658.005 to 658.245

658.019 Rehabilitationservices agency exemption

658.065 Employmentagency business not to be conducted in certain places

658.075 Agencyto file security

658.078 Recordkeeping

658.115 Civilpenalties

658.125 Judicialreview

658.145 Scheduleof charges

658.155 Postingand furnishing schedule of charges; charge in excess of schedule prohibited

658.165 Ordernecessary before referral or charge to be made; obtaining employment other thanthat ordered; disputes regarding fees

658.168 Contractrequirements

658.172 Jobreferral requirements

658.174 Contractsin violation of law prohibited

658.176 Feesand charges for services

658.185 Limitationon charges; manner of calculating certain charges; credits and refunds

658.195 Givingfalse information or making false representations; advertisements

658.205 Prohibitedagency employment activities

658.210 Rules

658.220 Injunctiverelief for violation; authority of commissioner

658.245 Actionsupon agency bonds or letters of credit

658.250 Employmentlisting service; rules

FARMLABOR CONTRACTORS

658.405 Definitionsfor ORS 658.405 to 658.503

658.407 Commissionerto administer and enforce ORS 658.405 to 658.503; rules

658.410 Farmlabor contractor license required; issuance; rules

658.411 Licensingby indorsement; terms and conditions

658.412 Licenseexamination; rules

658.413 Feeschedule for licenses, indorsements and renewals; rules

658.415 Applicationfor license; proof of insurance and financial responsibility; proceedings tocollect wages owed by contractor; commissioner as agent for service of process;rules

658.416 Reductionof bond or deposit; conditions

658.417 Additionalrequirements for forestation activities

658.418 Exemptionfrom certain requirements

658.419 Proofof financial responsibility from agricultural associations and certainnonprofit corporations; right of action; manner of payment; rules

658.420 Investigationof applicant; issuance of license; protest against issuance of license

658.425 Temporarypermit pending issuance of license; refusal to renew license consideredrevocation; rules

658.430 Formof license; rules

658.435 Expirationand renewal of licenses

658.437 Dutiesof farm labor contractor; duties of person to whom workers provided

658.440 Dutiesof farm labor contractors; rules

658.445 Revocation,suspension or refusal to renew license

658.450 Applicabilityof Administrative Procedures Act

658.452 Prohibitionsrelating to discharge of or discrimination against employee

658.453 Civilpenalty; disposition of funds; civil action by worker

658.455 Dispositionof moneys received

658.465 Liabilityof person using services of unlicensed farm labor contractor; issuance of bondto unlicensed farm labor contractor prohibited

658.467 Liabilityof member of agricultural association

658.475 Injunctiverelief and damages for violation of ORS 658.405 to 658.503

658.480 Authorityof commissioner to enter into reciprocal agreements

658.485 Transferof funds collected under reciprocal agreements; restriction on use of funds

658.487 Certainagreements void

658.489 Failureor refusal of contractor to pay claim; worker claim to Bureau of Labor andIndustries

658.501 Applicationof ORS 658.405 to 658.503

658.503 Serviceof process when contractor unavailable

FARMWORKERCAMPS

(GeneralProvisions)

658.705 Definitionsfor ORS 658.705 to 658.850

658.715 Farmworkercamp operator requirements

658.717 Noticeof farmworker camp operations

658.720 Certainagreements void

(FarmLabor Contractor Indorsement)

658.730 Farmlabor contractor indorsement to operate farmworker camp; posting indorsement;rules

658.735 Bondrequired; claim on bond; procedures; rules

658.740 Revocation,suspension, refusal to issue or renew indorsement

(Operationof Farmworker Camps)

658.750 Campoperator registration; procedures; rules

658.755 Farmworkercamp operator duties; prohibitions

658.760 Prohibitedactions by operator; burden of proof

658.780 Protestof registration

658.785 Revocationor suspension of registration

658.790 Uninhabitablecamp

658.800 Serviceof process on unregistered farmworker camp operator

658.805 Denialof right to court action in certain cases; injunction; attorney fees

(Miscellaneous)

658.810 Fees

658.815 Dispositionof moneys

658.820 Rules;proceedings

658.825 Determinationof violation of other provisions required

658.827 Departmentto report violations

658.830 Interagencycoordination agreement

658.850 Civilpenalties

PENALTIES

658.991 Criminalpenalties

EMPLOYMENTAGENCIES

658.005Definitions for ORS 658.005 to 658.245. As used in ORS 658.005 to 658.245,unless the context requires otherwise:

(1)“Applicant for employment” or “applicant” means an individual who is seeking orwho has obtained employment through the services of an employment agency.

(2)“Charge for services” means any money or other consideration paid or promisedto be paid by an applicant for employment for services rendered by anemployment agency.

(3)“Commissioner” means the Commissioner of the Bureau of Labor and Industries.

(4)(a)“Employment agency” or “agency” means a business, service, bureau or cluboperated by a person, firm, organization, limited liability company orcorporation engaged in procuring for a fee, employment for others and employeesfor employers.

(b)“Employment agency” or “agency” does not include:

(A)A nursing school, business school or career school that does not charge a feefor placement.

(B)Any business, person, service, bureau, organization or club that byadvertisement or otherwise offers as its main object or purpose to counsel,teach or prepare individuals to obtain employment, and which charges for itsservices, whether in the form of dues, tuition, membership fees, registrationfees or any other valuable service.

(C)Any business, service, bureau or club operated by a person engaged in procuringemployment for others when the charges for services are paid, directly orindirectly, by anyone other than the applicant for employment.

(D)An employment listing service, as defined in ORS 658.250. [1953 c.694 §1; 1959c.395 §15; 1961 c.380 §1; 1973 c.678 §1; 1981 c.318 §1; 1983 c.607 §1; 1987c.306 §2; 1995 c.343 §54; 1997 c.55 §2; 2003 c.406 §1]

658.008Purpose.The purpose of ORS 658.005 to 658.245 is to protect the health, safety andgeneral welfare of the people of Oregon in their dealings with employmentagencies. To accomplish this purpose the Legislative Assembly intends:

(1)To provide a procedure for determining where employment agencies will beoperated in this state.

(2)To assure the public that persons operating employment agencies in this stateare of good character and responsibility.

(3)To assure the public that the practices and procedures of employment agencieswill result in individuals acquiring and retaining employment reasonably suitedto their skills and needs.

(4)To regulate the circumstances under which charges for services may be chargedor collected by employment agencies, but not to include the setting of maximumpermanent fees in schedules published by employment agencies.

(5)To provide for the administration and enforcement of ORS 658.005 to 658.245 bythe Commissioner of the Bureau of Labor and Industries. [1973 c.678 §24; 1981c.318 §2; 1997 c.55 §3]

658.010 [Repealed by1953 c.694 §30]

658.015Exemptions from ORS 658.005 to 658.245. (1) ORS 658.005 to 658.245 do not applyto farm labor contractors subject to ORS 658.405 to 658.503.

(2)ORS 658.005 to 658.245 do not apply to any nonprofit organization or corporationorganized for the purpose of economic adjustment, civic betterment and thegiving of professional guidance and pl