(2) Any person who suffers any loss of wages from the employer of the person or any other loss due to activities of the agricultural association or the private nonprofit corporation as a farm labor contractor shall have a right of action against the surety upon the bond or against the deposit with the commissioner. The right of action is assignable and may not be included in any action against the agricultural association or the private nonprofit corporation but shall be exercised independently after first procuring adequate proof of liability as provided by the commissioner by rule.
(3) The surety company or the commissioner shall make prompt and periodic payments on the agricultural association’s or the private nonprofit corporation’s liability up to the extent of the total sum of the bond or deposit. Payments shall be made in the following manner:
(a) Payment based upon priority of wage claims over other liabilities;
(b) Payment in full of all sums due to each person who presents adequate proof of the claim; and
(c) If there are insufficient funds to pay in full the person next entitled to payment in full, payment in part to the person. [1999 c.628 §4; 2001 c.178 §2; 2017 c.676 §8]
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Section 658.005 - Definitions for ORS 658.005 to 658.245.
Section 658.015 - Exemptions from ORS 658.005 to 658.245.
Section 658.019 - Rehabilitation services agency exemption.
Section 658.065 - Employment agency business not to be conducted in certain places.
Section 658.075 - Agency to file security.
Section 658.078 - Record keeping.
Section 658.115 - Civil penalties.
Section 658.145 - Schedule of charges.
Section 658.168 - Contract requirements.
Section 658.172 - Job referral requirements.
Section 658.185 - Limitation on charges; manner of calculating certain charges; credits and refunds.
Section 658.195 - Giving false information or making false representations; advertisements.
Section 658.205 - Prohibited agency employment activities.
Section 658.220 - Injunctive relief for violation; authority of commissioner.
Section 658.250 - Employment listing service; rules.
Section 658.405 - Definitions for ORS 658.405 to 658.511.
Section 658.407 - Administration and enforcement of ORS 658.405 to 658.511; rules.
Section 658.410 - Labor contractor license requirement; issuance; rules.
Section 658.411 - Licensing subject to employee indorsement; terms and conditions.
Section 658.412 - License examination; rules.
Section 658.413 - Fee schedule for licenses, indorsements and renewals; rules.
Section 658.416 - Reduction of bond or deposit; conditions.
Section 658.417 - Additional requirements for forestation activities.
Section 658.418 - Exemption from certain requirements.
Section 658.430 - Form of license.
Section 658.435 - Expiration and renewal of licenses; exception.
Section 658.437 - Duties of labor contractors; duties of person to whom workers provided.
Section 658.440 - Requirements for labor contractors; prohibitions.
Section 658.445 - Revocation, suspension or refusal to renew license.
Section 658.450 - Applicability of Administrative Procedures Act.
Section 658.452 - Prohibitions relating to discharge of or discrimination against employee.
Section 658.453 - Civil penalty; disposition of funds; civil action by worker.
Section 658.501 - Application of ORS 658.405 to 658.511.
Section 658.503 - Service of process when labor contractor unavailable.
Section 658.705 - Definitions for ORS 658.705 to 658.850.
Section 658.715 - Farmworker camp operator requirements.
Section 658.717 - Notice of farmworker camp operations.
Section 658.735 - Bond required; claim on bond; procedures; rules.
Section 658.740 - Revocation, suspension, refusal to issue or renew indorsement.
Section 658.750 - Camp operator registration; procedures; rules.
Section 658.755 - Farmworker camp operator duties; prohibitions.
Section 658.760 - Prohibited actions by operator; burden of proof.
Section 658.785 - Revocation or suspension of registration.
Section 658.790 - Uninhabitable camp.
Section 658.800 - Service of process on unregistered farmworker camp operator.
Section 658.805 - Denial of right to court action in certain cases; injunction; attorney fees.
Section 658.815 - Disposition of moneys.
Section 658.820 - Rules; proceedings.