Oregon Revised Statutes

Or. Rev. Stat. § 652.335 (2026)

Liability of liquor dispenser licensee for wage claims of certain individuals

✓ current as of May 2026

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652.335 Liability of liquor dispenser licensee for wage claims of certain individuals. (1) A person operating a commercial establishment where food is cooked and served who holds a full on-premises sales license issued under ORS 471.175 is liable for all valid wage claims of individuals employed in the kitchen facilities and dining space of such establishment who are not employed by such person, if the wage claims cannot be enforced against the employer of such individuals. The Commissioner of the Bureau of Labor and Industries may in such a case proceed under ORS 652.310 to 652.414 against the person operating the establishment as if that person had employed the individuals assigning the wage claims.

(2) This section does not impose any liability not otherwise imposed by law for compensation for the performance of an individual’s personal services in excess of a period of 60 days, nor does it subject the person operating an establishment described in this section to criminal penalties for violation of any law providing for payment of wages. [1961 c.475 §2; 1999 c.351 §40]

Notes of Decisions

Cited in 3 cases, 1964–1990 · leading case: State Ex Rel. Nilsen v. Whited, 396 P.2d 758 (Or. 1964).

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State Ex Rel. Nilsen v. Whited, 396 P.2d 758 (Or. 1964). · cites it 31× “The order sustained subsection 2 of defendants' demurrer: "* * * on the grounds that ORS 652.335 is unconstitutional and void as a denial of substantive due process in that it is not within the power of the legislature to create a debt from one person to another without the…”

Stout v. Citicorp Indus. Credit, Inc., 796 P.2d 373 (Or. Ct. App. 1990). “ORS 652.335. It may also provide reimbursement of wages up to $2,000 from the “Wage Security Fund,” if the employer is unable to pay.”

State ex rel. Nilsen v. Hemstreet, 491 P.2d 1185 (Or. Ct. App. 1971). · cites it 6× “The state, on relation of the Commissioner of the Oregon Bureau of Labor who is the assignee of nine wage claimants, filed a complaint in the circuit court to recover unpaid wages from the defendants pursuant to ORS 652.335 (1). ORS 652.335 (1) provides: “A person operating a…”

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