Oregon Revised Statutes

Or. Rev. Stat. § 652.390 (2026)

Deduction of costs from wage claims; collection fees; assignment of wage claims

✓ current as of May 2026

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652.390 Deduction of costs from wage claims; collection fees; assignment of wage claims. (1) The Commissioner of the Bureau of Labor and Industries may deduct and retain any moneys collected on each wage claim as costs, attorney fees or commissioner’s penalties. The amount deducted shall be paid into the General Fund after deducting actual costs and disbursements incurred in the prosecution of the wage claim.

(2) The commissioner may charge a claimant or respondent on a wage claim for which the commissioner has obtained a judgment the actual collection fees charged to the Bureau of Labor and Industries by any other governmental agency assisting in the collection of the judgment.

(3) The commissioner is authorized to assign wage claim judgments and orders issued pursuant to ORS 652.332 for collection or to obtain assistance in collection of such judgments and orders and may deduct and pay out from any moneys so collected a collection fee. [Amended by 1957 c.465 §7; 1967 c.218 §2; 1983 c.427 §1; 1995 c.82 §2; 2003 c.14 §394; 2009 c.162 §1]

Notes of Decisions

Cited in 2 cases, 1959–1962 · leading case: State Ex Rel Nilsen v. Bean, 346 P.2d 652 (Or. 1959).

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State Ex Rel Nilsen v. Bean, 346 P.2d 652 (Or. 1959). “If the commissioner does not prevail in such action, he shall pay all costs and disbursements of the prevailing party from the moneys in the Bureau of Labor Account deposited pursuant to ORS 652.390. ② Upon being informed of a wage claim against an employer or former employer,…”

State ex rel. Nilsen v. Dental Serv., Inc., 376 P.2d 91 (Or. 1962). “We do not need, in this case, to determine who is entitled to receive the amount of any penalty, see ORS 652.390, so allowed or -who and by what process it is decided that the employer has failed to make a satisfactory *477 answer.”

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