Or. Admin. Code § 839-026-0120

Current through Register Vol. 64, No. 1, January 1, 2025

Section 839-026-0120 - Civil Penalties

(1) The commissioner may assess a civil penalty for any of the following violations of ORS 653.412 to 653.485 and these rules:

(a) Failure to provide an employee with a work schedule in writing or to post a written work schedule in a conspicuous and accessible location at least seven (7) calendar days before the first day of the work schedule (beginning on July 1, 2020, at least 14 calendar days before the first day of the work schedule);

(b) Failure to compensate an employee for an employer-requested change to the employee's written work schedule without advance notice;

(c) Scheduling or requiring an employee to work a shift not included in the employee's written work schedule;

(d) Scheduling or requiring an employee to work during a rest period established by ORS 653.442 without the employee's consent;

(e) Failure to compensate an employee for working during a rest period established by ORS 653.442;

(f) Denying or attempting to deny the exercise of any right protected under ORS 653.412 to 653.485 or retaliating against any individual because the individual has inquired about the provisions of ORS 653.412 to 653.485;

(g) Failure to retain records that document the employer's compliance with ORS 653.412 to 653.485;

(h) Failure to display in the workplace a poster giving notice of the rights described in ORS 653.412 to 653.485; and,

(i) Using the voluntary standby list for purposes other than to address unanticipated customer needs or unexpected employee absences.

(2) As provided in ORS 653.432(7), the commissioner may assess a civil penalty against an employer who has coerced an employee into requesting or agreeing to be added to the voluntary standby list. For the purpose of this rule, an employer will be considered to have coerced an employee into requesting or agreeing to be added to the voluntary standby list under the following circumstances:

(a) The employer requires an employee to request or agree to be added to the voluntary standby list;

(b) The employer requires an employee to request or agree to be added to the voluntary standby list as a condition of employment; or

(c) The employer requests or requires any person, including another employee, to require an employee to request or agree to be added to the voluntary standby list.

Or. Admin. Code § 839-026-0120

BLI 16-2018, adopt filed 06/08/2018, effective 1/1/2019

Statutory/Other Authority: ORS 651.060(4)

Statutes/Other Implemented: ORS 653.412 - 653.485