(a) Investigate and attempt equitably to adjust controversies between employers and employees in respect of wage claims or alleged wage claims.
(b) Take assignments, in trust, of wage claims or judgments thereon, liens and other instruments of security for payment of wages from the assigning employees, spouses, parents or legal guardians, having a right to the wages of such employees. All such assignments shall run to the commissioner and any successors in office. The commissioner may sue employers on wage claims and other persons or property liable for any payment thereof thus assigned with the benefits and subject to existing laws applying to actions by employees for collection of wages. The commissioner is entitled to recover, in addition to costs, such sum as the court or judge may adjudge reasonable as attorney fees at trial and on appeal. The commissioner may join in a single proceeding and in one cause of action any number of wage claims against the same employer. If the commissioner does not prevail in such action, the commissioner shall pay all costs and disbursements from the Bureau of Labor and Industries Account.
(c) Make complaint in a criminal court for any violation of any law providing for payment of wages and imposing a penalty for its violation as for a crime.
(d) In any case where a civil action may be brought under this chapter for the collection of a wage claim, provide for an administrative proceeding to determine the validity and enforce collection of the claim. The administrative proceeding shall be conducted as provided in this chapter, and is subject to the employer’s right to elect a trial in a court of law.
(2) An assigning wage claimant shall not be regarded as a party to any court action brought by the commissioner under this section for any purpose. [Amended by 1957 c.465 §6; 1963 c.258 §2; 1967 c.218 §1; 1979 c.695 §2; 1981 c.897 §88]
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 652 - Hours; Wages; Wage Claims; Records
Section 652.040 - Maximum working hours in mines.
Section 652.050 - Definitions for ORS 652.050 to 652.080.
Section 652.060 - Maximum working hours for firefighters.
Section 652.070 - Overtime pay for firefighters.
Section 652.120 - Establishing regular payday; pay intervals; agreement to pay wages at future date.
Section 652.145 - Payment of wages for seasonal farmworkers.
Section 652.150 - Penalty wage for failure to pay wages on termination of employment.
Section 652.195 - Liability for dishonored check for payment of wages; penalties.
Section 652.200 - Attorney fee in action for wages.
Section 652.210 - Definitions for ORS 652.210 to 652.235.
Section 652.260 - Payment to nurses providing home health or hospice services; rules.
Section 652.310 - Definitions of employer and employee.
Section 652.320 - Definitions for ORS 652.310 to 652.414.
Section 652.335 - Liability of liquor dispenser licensee for wage claims of certain individuals.
Section 652.340 - Requiring bond of employer.
Section 652.360 - Contract exempting employer from liability or penalty not valid; exceptions.
Section 652.370 - Jurisdiction of courts; proceedings in name of state.
Section 652.390 - Deduction of costs from wage claims; collection fees; assignment of wage claims.
Section 652.409 - Wage Security Fund; use.
Section 652.420 - Definitions for ORS 652.420 to 652.445.
Section 652.500 - Receiver to pay accrued wages; payment of employees; receiver’s certificates.
Section 652.520 - Form of statement of wage claim.
Section 652.530 - Serving copy of statement; report to court; order of payment.
Section 652.540 - Exception to claim; legal action on claim.
Section 652.630 - Definitions for ORS 652.630 to 652.640.
Section 652.635 - Producers to post certain terms of employment.
Section 652.640 - Itemized statement of compensation and deductions required.