652.330 Powers
and duties of commissioner in enforcing wage claims; parties to wage claim
action. (1) The
Commissioner of the Bureau of Labor and Industries shall enforce ORS 652.310 to
652.414 and to that end may:
(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]
Notes of Decisions
North Marion Sch. Dist. 15 Ex Rel. Trejo v. Acstar Ins., 169 P.3d 1224 (Or. 2007).
· cites it 4× “125 (when an employer is "failing to pay wages within five days" of a regular payday, commissioner of BOLI may require the employer to post a bond to secure future payment); ORS 652.330(1)(a) (authorizing commissioner to investigate and attempt to equitably resolve employee wage…”
Wilson v. Smurfit Newsprint Corp., 107 P.3d 61 (Or. Ct. App. 2005).
· cites it 2× “[5] The commissioner of BOLI may "[t]ake assignments" of wage claims, ORS 652.330(1)(b), but it has not done so in this case.”
Oregon Ex Rel. Roberts v. Mushroom King, Inc., 77 B.R. 813 (D. Or. 1987).
· cites it 5× “ORS 652.330(2) provides that: 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.”
State Ex Rel. Nilsen v. Oregon State Motor Ass'n, 432 P.2d 512 (Or. 1967).
· cites it 3× “This is a wage collection case brought by plaintiff as assignee under the provisions of ORS 652.330. ① Plaintiff appeals from the judgment entered in favor of defendant after the trial court sustained defend *135 ant’s demurrer to plaintiff’s second amended complaint.”
State Ex Rel. Nilsen v. Adams, 433 P.2d 831 (Or. 1967).
· cites it 4× “This was an action brought by the Labor Commissioner under ORS 652.330(2) on behalf of one Dlouhy for the unpaid balance of wages.”
Vaughn v. Pac. Nw. Bell Tel. Co., 611 P.2d 281 (Or. 1980).
“Maddox, supra, and held that the policy favoring resort to collective bargaining agreement remedies requires that a worker must first utilize the grievance procedures before the Labor Commissioner may institute an action in circuit court for overtime pay pursuant to ORS 652.330.…”
Kantor v. Boise Cascade Corp., 708 P.2d 356 (Or. Ct. App. 1985).
“Motor Ass’n, 248 Or 133 , 432 P2d 512 (1967), the court held that a claim for unpaid vacation pay was a wage claim under ORS 652.330, which authorized the Commissioner of Labor to take assignments of “wage claims” and to sue employers on those claims.”
Stout v. Citicorp Indus. Credit, Inc., 796 P.2d 373 (Or. Ct. App. 1990).
· cites it 3× “140 and wage enforcement actions by BOLI pursuant to ORS 652.330, when a wage claim has been assigned to it.”
Pritchett v. Fry, 593 P.2d 1133 (Or. 1979).
“Adams, 248 Or 269 , 431 P2d 270 , 433 P2d 831 (1967), the statute provided that the prevailing party was entitled to recover "in addition to other costs, such sum as the court or judge may adjudge reasonable as attorney’s fees * * ORS 652.330(l)(b). The statute in this case, ORS…”
— Or. Rev. Stat. § 652.330(1) — 2 cases
— Or. Rev. Stat. § 652.330(1)(a) — 1 case
North Marion Sch. Dist. 15 Ex Rel. Trejo v. Acstar Ins., 169 P.3d 1224 (Or. 2007).
“125 (when an employer is "failing to pay wages within five days" of a regular payday, commissioner of BOLI may require the employer to post a bond to secure future payment); ORS 652.330(1)(a) (authorizing commissioner to investigate and attempt to equitably resolve employee wage…”
— Or. Rev. Stat. § 652.330(1)(b) — 4 cases
North Marion Sch. Dist. 15 Ex Rel. Trejo v. Acstar Ins., 169 P.3d 1224 (Or. 2007).
“125 (when an employer is "failing to pay wages within five days" of a regular payday, commissioner of BOLI may require the employer to post a bond to secure future payment); ORS 652.330(1)(a) (authorizing commissioner to investigate and attempt to equitably resolve employee wage…”
Wilson v. Smurfit Newsprint Corp., 107 P.3d 61 (Or. Ct. App. 2005).
“[5] The commissioner of BOLI may "[t]ake assignments" of wage claims, ORS 652.330(1)(b), but it has not done so in this case.”
— Or. Rev. Stat. § 652.330(1)(d) — 1 case
— Or. Rev. Stat. § 652.330(2) — 3 cases
State Ex Rel. Nilsen v. Adams, 433 P.2d 831 (Or. 1967).
“This was an action brought by the Labor Commissioner under ORS 652.330(2) on behalf of one Dlouhy for the unpaid balance of wages.”
Oregon Ex Rel. Roberts v. Mushroom King, Inc., 77 B.R. 813 (D. Or. 1987).
“ORS 652.330(2) provides that: 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.”
— Or. Rev. Stat. § 652.330(b) — 1 case
— Or. Rev. Stat. § 652.330(l)(a) — 1 case
North Marion Sch. Dist. 15 Ex Rel. Trejo v. Acstar Ins., 169 P.3d 1224 (Or. 2007).
“125 (when an employer is "failing to pay wages within five days" of a regular payday, commissioner of BOLI may require the employer to post a bond to secure future payment); ORS 652.330(1)(a) (authorizing commissioner to investigate and attempt to equitably resolve employee wage…”
— Or. Rev. Stat. § 652.330(l)(b) — 7 cases
Oregon Ex Rel. Roberts v. Mushroom King, Inc., 77 B.R. 813 (D. Or. 1987).
“ORS 652.330(2) provides that: 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.”
Wilson v. Smurfit Newsprint Corp., 107 P.3d 61 (Or. Ct. App. 2005).
“[5] The commissioner of BOLI may "[t]ake assignments" of wage claims, ORS 652.330(1)(b), but it has not done so in this case.”
Pritchett v. Fry, 593 P.2d 1133 (Or. 1979).
“Adams, 248 Or 269 , 431 P2d 270 , 433 P2d 831 (1967), the statute provided that the prevailing party was entitled to recover "in addition to other costs, such sum as the court or judge may adjudge reasonable as attorney’s fees * * ORS 652.330(l)(b). The statute in this case, ORS…”
— Or. Rev. Stat. § 652.330(l)(c) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.