Oregon Revised Statutes

Or. Rev. Stat. § 652.332 (2026)

Administrative proceeding for wage claim collection; court enforcement and review; rules

✓ current as of May 2026

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652.332 Administrative proceeding for wage claim collection; court enforcement and review; rules. (1) In any case when the Commissioner of the Bureau of Labor and Industries has received a wage claim complaint which the commissioner could seek to collect through court action, the commissioner may instead elect to seek collection of such claim through administrative proceedings in the manner provided in this section, subject to the employer’s right to request a trial in a court of law. The commissioner may join in a single administrative proceeding any number of wage claims against the same employer. Upon making such election, the commissioner shall serve upon the employer and the wage claimant an order of determination directing the employer to pay to the commissioner the amount of the wage claim and any penalty amounts under ORS 279C.855 (1), 652.150 and 653.055 (1) determined to be owed the wage claimant. Service shall be made in the same manner as service of summons or by certified mail, return receipt requested. The order of determination shall include:

(a) A reference to the particular sections of the statutes or rules involved;

(b) A short and concise statement of the basis for the amounts determined to be owed to each wage claimant;

(c) A statement of the party’s right to request a contested case hearing and to be represented by counsel at such a hearing, and of the employer’s right to a trial in a court of law, provided that any request for a contested case hearing or trial in a court of law must be received by the commissioner in writing within 20 days after receipt by the party of the order of determination;

(d) A statement that the employer must, within 20 days after receipt of the order of determination, either pay in full the wage claim and any penalties assessed, or present to the commissioner a written request for a contested case hearing or a trial in a court of law as provided in this section;

(e) A statement that failure to make a written request to the commissioner for a contested case hearing or a trial of the claim in a court of law within the time specified shall constitute a waiver of the right thereto and a waiver of the right to a trial by jury;

(f) For an employer that is a contractor or business licensed under ORS chapter 701, a statement that failure to pay in full the wage claim and any penalties assessed within 60 days of the date that an order of determination becomes final under this section will result in notification to the Construction Contractors Board of such failure to pay and the suspension of the contractor’s or business’s license in accordance with ORS 701.110; and

(g) A statement that unless the written requests provided for in paragraph (c) of this subsection are received by the commissioner within the time specified for making such requests, the order of determination shall become final.

(2) Upon failure of the employer to pay the amount specified in the order of determination or to request a trial in a court of law within the time specified, and upon failure of any party to request a contested case hearing within the time specified, the order of determination shall become final.

(3) If a party makes a timely request for a contested case hearing, a hearing shall be held in accordance with the applicable provisions of ORS 183.415 to 183.500 by the commissioner or the commissioner’s designee. The commissioner shall adopt rules for such hearing. In any hearing before the commissioner’s designee, the designee is authorized to issue the final order in the case. If the employer makes a timely request for a trial in a court of law, the commissioner may proceed against the employer as provided in ORS 652.330 (1)(b).

(4) Final administrative orders issued in a wage claim proceeding are subject to review by the Court of Appeals as provided in ORS 183.480 and 183.482.

(5) When an order issued under this section becomes final, it may be recorded in the County Clerk Lien Record in any county of this state. In addition to any other remedy provided by law, recording an order in the County Clerk Lien Record pursuant to the provisions of this section has the effect provided for in ORS 205.125 and 205.126, and the order may be enforced as provided in ORS 205.125 and 205.126.

(6) Where the wage claim arose out of work performed by the claimant for the employer on any public works project to which ORS 279C.830 or 279C.840 applies, and a state agency holds sufficient funds as retainage on such project to pay such claim or any portion thereof, the state agency may, at the request of the commissioner, pay to the commissioner from the retainage all or part of the amount due on the claim under the final order. [1979 c.695 §4; 1981 c.594 §3; 1989 c.706 §19; 1995 c.82 §1; 1997 c.387 §6; 2003 c.794 §309; 2019 c.444 §3]

Notes of Decisions

Cited in 7 cases, 1986–2015 · leading case: Perri v. Certified Languages Int'l, LLC, 66 P.3d 531 (Or. Ct. App. 2003).

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Perri v. Certified Languages Int'l, LLC, 66 P.3d 531 (Or. Ct. App. 2003). · cites it 3× “) In addition, ORS 652.332, which authorizes the Commissioner of the Bureau of Labor and Industries (BOLI) to enforce wage claims through administrative proceedings, provides that an order determining employer liability shall include "[a] short and concise statement of the basis…”

Blanchana, LLC v. Bureau of Labor & Indus., 318 P.3d 735 (Or. 2014). “Or Laws 1979, ch 695, § 4; ORS 652.332. 7 BOLI may have relied on the first clause because it assumed that the acquisition of assets by repossession does not constitute the “purchase” of assets and, thus, does not strictly fit within the second clause in the definition of…”

Coats v. State, 54 P.3d 610 (Or. 2002). “370; ORS 652.332. 10 Plaintiff does so even though, as reflected in his affidavit, he appears to have been aware of the manner in which ODOT intended BOLI’s rules to apply.”

Pope v. Jud. Dep't, 721 P.2d 462 (Or. Ct. App. 1986). “330; ORS 652.332. Defendant also argues that, because there are specific statutes which establish procedures for paying state employes, ORS 292.”

Stout v. Citicorp Indus. Credit, Inc., 796 P.2d 373 (Or. Ct. App. 1990). “330(1)(d); ORS 652.332. Those rights exceed those of an employee maintaining a common law action.”

Loucks v. Beaver Valley's Backyard Garden Prods., 362 P.3d 277 (Or. Ct. App. 2015). “330 (providing that the Bureau of Labor and Industries may independently investigate wage claims, take assignments of wage claims from employees, pursue criminal sanctions against employers who fail to comply with the wage claim statutes, and conduct administrative proceedings…”

Tidewater Contractors, Inc. v. State Ex Rel. Oregon Bureau of Labor & Indus., 948 P.2d 750 (Or. Ct. App. 1997). “…The commissioner also has available the contested case proceeding provided by ORS 279.361(1), ORS 279.370 or ORS 652.332.”

— Or. Rev. Stat. § 652.332(6) — 1 case

Perri v. Certified Languages Int'l, LLC, 66 P.3d 531 (Or. Ct. App. 2003). “) In addition, ORS 652.332, which authorizes the Commissioner of the Bureau of Labor and Industries (BOLI) to enforce wage claims through administrative proceedings, provides that an order determining employer liability shall include "[a] short and concise statement of the basis…”

— Or. Rev. Stat. § 652.332(l)(b) — 1 case

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