658.405
Definitions for ORS 658.405 to 658.511. As used in ORS 658.405 to 658.511 and 658.991 (2) and
(3), unless the context requires otherwise:
(1) “Agricultural
association” means a nonprofit or cooperative association of farmers, growers
or ranchers that is incorporated under applicable state law and that acts as a
farm labor contractor solely on behalf of members of the association.
(2)(a) “Construction
labor contractor” includes any person that:
(A) For an agreed
remuneration or rate of pay, recruits, solicits, supplies or employs workers to
perform labor for another in construction;
(B) For an agreed
remuneration or rate of pay, recruits, solicits, supplies or employs workers on
behalf of an employer engaged in construction; or
(C) Enters into a
subcontract with another for any of the activities described in subparagraph
(A) or (B) of this paragraph.
(b) “Construction
labor contractor” does not include:
(A) A person that
has a construction contract with an owner of real property where the
construction work is performed;
(B) A person that
has obtained building permits to perform construction work;
(C) A person that
supplies building materials or machinery, other than manual tools or
hand-operated power tools, for a construction project;
(D) An owner of
real property engaged in the solicitation or recruitment of persons to perform
construction work on the owner’s property;
(E) The
Employment Department;
(F) A crew
leader;
(G) Individuals
who perform labor pursuant to an agreement for exchanging their own labor or
services with each other, provided the work is performed on land owned or
leased by the individuals;
(H) An
educational institution that is recognized as such by the Department of
Education;
(I) A labor
union;
(J) A local joint
apprenticeship committee formed under ORS 660.135; or
(K) A staffing
agency whose primary purpose is to provide workers to the client employers of
the agency under the terms of a client agreement, if the agency provides
workers’ compensation coverage for all employees as required by ORS chapter 656
and pays employment and income taxes in accordance with applicable law.
(3) “Crew leader”
means the member of a group of workers who acts as spokesman for the group,
travels with the group from another state into Oregon and performs the same
work along with other group members. A crew leader may transport workers from
their local place of residence to their place of employment so long as the crew
leader does not perform this service for a profit.
(4)(a) “Farm
labor contractor” includes any person that:
(A) For an agreed
remuneration or rate of pay, recruits, solicits, supplies or employs workers to
perform labor for another person to work in forestation or reforestation of
lands, including but not limited to the planting, transplanting, tubing,
precommercial thinning and thinning of trees and seedlings, the clearing,
piling and disposal of brush and slash and other related activities;
(B) For an agreed
remuneration or rate of pay, recruits, solicits, supplies or employs workers to
perform labor for another person in the production or harvesting of farm
products;
(C) Recruits,
solicits, supplies or employs workers to gather evergreen boughs, yew bark,
bear grass, salal or ferns from public lands for sale or market prior to
processing or manufacture;
(D) Recruits,
solicits, supplies or employs workers on behalf of an employer engaged in these
activities;
(E) In connection
with the recruitment or employment of workers to work in these activities,
furnishes board or lodging for such workers;
(F) Bids or
submits prices on contract offers for those activities; or
(G) Enters into a
subcontract with another for any of those activities.
(b) “Farm labor
contractor” does not include:
(A) Farmers,
including owners or lessees of land intended to be used for the production of
timber, their permanent employees, advertising media, platoon leaders or
individuals engaged in the solicitation or recruitment of persons for dayhaul
work in connection with the growing, production or harvesting of farm products;
(B) The
Employment Department;
(C) A crew
leader;
(D) An individual
who performs work, other than recruiting, supplying, soliciting or employing
workers to perform labor for another, alone or only with the assistance of the
individual’s spouse, son, daughter, brother, sister, mother or father;
(E) Individuals
who perform labor pursuant to an agreement for exchanging their own labor or
services with each other, provided the work is performed on land owned or
leased by the individuals;
(F) An
educational institution that is recognized as such by the Department of
Education;
(G) A farmer who
operates a farmworker camp, regulated under ORS 658.750, who recruits,
supplies, solicits or employs workers only for the farmer’s own operations, and
has farmworkers living in the camp who are employed by another on no more than
an incidental basis, and the farmer receives no remuneration by virtue of such
incidental employment; or
(H) A labor
union.
(5) “Labor
contractor” means a construction labor contractor, a farm labor contractor or a
property services contractor.
(6)(a) “Property
services contractor” includes any person that:
(A) For an agreed
remuneration or rate of pay, recruits, solicits, supplies or employs workers to
perform labor for another person to provide services that include janitorial
services;
(B) For an agreed
remuneration or rate of pay, recruits, solicits, supplies or employs workers on
behalf of an employer to provide services that include janitorial services; or
(C) Enters into a
subcontract with another for any of the activities described in subparagraph
(A) or (B) of this paragraph.
(b) “Property
services contractor” does not include:
(A) The
Employment Department;
(B) Employees of
a property services contractor who is licensed under ORS 658.405 to 658.511;
(C) Individuals
who perform labor pursuant to an agreement for exchanging their own labor or
services with each other, provided the work is performed on land owned or
leased by the individuals;
(D) An
educational institution that is recognized as such by the Department of
Education; or
(E) A labor
union. [1959 c.395 §1; 1961 c.390 §1; 1975 c.502 §1; 1981 c.606 §1; 1983 c.654 §3;
1985 c.314 §1; 1987 c.158 §128; 1991 c.848 §1; 1995 c.73 §1; 1999 c.628 §1;
2013 c.584 §1; 2017 c.676 §1; 2018 c.8 §1]
Notes of Decisions
Mayfly Grp., Inc. v. Ruiz, 144 P.3d 1025 (Or. Ct. App. 2006).
· cites it 3× “In particular, under ORS 658.453(1), the commissioner “may assess a civil penalty not to exceed $2,000 for each violation” on “a farm labor contractor who, without the license required by ORS 658.”
Nw. Reforestation Contractors Ass'n v. Summitt Forests, Inc., 922 P.2d 1240 (Or. Ct. App. 1996).
· cites it 3× “475, which provides: “The Commissioner of the Bureau of Labor and Industries, or any other person, may bring suit in any court of competent jurisdiction to enjoin any person from using the services of an unlicensed farm labor contractor or to enjoin any person acting as a farm…”
Matteson v. LeafFilter North, LLC (A183261), 350 Or. App. 736 (Or. Ct. App. 2026).
· cites it 4× “Petitioner sought “to enjoin [Hickman] * * * from acting as a labor contractor in violation of ORS 658.405 to 658.511,” and sought damages under ORS 658.”
Mayfly Grp., Inc. v. Ruiz, 250 P.3d 360 (Or. Ct. App. 2011).
“503, provided three different mechanisms for enforcing compliance with its licensing procedures: “The regulatory scheme provides the following consequences for both unlicensed farm labor contractors and those who use their services: (1) they may be enjoined by any person; (2) a…”
Matteson v. LeafFilterNorth, LLC (A184754), 350 Or. App. 744 (Or. Ct. App. 2026).
“” ORS 658.405(2). Having reviewed the pertinent parts of the record, the trial court did not err in determining that Bloomstrom and LeafFilter did not receive payment for pro- viding plaintiff to another entity to perform construction work, and that there was no genuine issue of…”
Gutierrez Negrete v. Com. Roofing Solutions Inc. (D. Or. 2020).
· cites it 7× “Or. Rev. Stat. § 658.405 (2)(a). A “construction labor contractor” does not include “[a] person that supplies building materials or machinery, other than manual tools or hand-operated power tools, for a construction project.”
Santiago v. Farm West Labor Contracting Co. (D. Or. 2025).
· cites it 6× “Rather, this scenario appears to be exactly the type envisioned by the legislature when providing for subcontractor liability under OCRA, so WVAS is a farm labor contractor under ORS § 658.405(4)(a). c. Whether Defendant Rainbow is Jointly and Severally Liable Under OCRA…”
Matteson v. LeafFilter North, LLC (A183261), 350 Or. App. 736 (Or. Ct. App. 2026).
· cites it 4× “Petitioner sought “to enjoin [Hickman] * * * from acting as a labor contractor in violation of ORS 658.405 to 658.511,” and sought damages under ORS 658.”
Matteson v. LeafFilterNorth, LLC (A184754), 350 Or. App. 744 (Or. Ct. App. 2026).
“” ORS 658.405(2). Having reviewed the pertinent parts of the record, the trial court did not err in determining that Bloomstrom and LeafFilter did not receive payment for providing plain- tiff to another entity to perform construction work, and that there was no genuine issue of…”
Jimenez v. Ovchinikov, 779 P.2d 189 (Or. Ct. App. 1989).
“Plaintiff, a migrant reforestation worker, filed an action against defendant labor contractors alleging violations of the Oregon Farm/Forestry Labor Contractor Registration Act ORS 658.405 et seq, and the Oregon Wage Claim Statute.”
— Or. Rev. Stat. § 658.405(1) — 1 case
— Or. Rev. Stat. § 658.405(2) — 4 cases
Matteson v. LeafFilterNorth, LLC (A184754), 350 Or. App. 744 (Or. Ct. App. 2026).
“” ORS 658.405(2). Having reviewed the pertinent parts of the record, the trial court did not err in determining that Bloomstrom and LeafFilter did not receive payment for pro- viding plaintiff to another entity to perform construction work, and that there was no genuine issue of…”
Matteson v. LeafFilter North, LLC (A183261), 350 Or. App. 736 (Or. Ct. App. 2026).
“Petitioner sought “to enjoin [Hickman] * * * from acting as a labor contractor in violation of ORS 658.405 to 658.511,” and sought damages under ORS 658.”
Matteson v. LeafFilterNorth, LLC (A184754), 350 Or. App. 744 (Or. Ct. App. 2026).
“” ORS 658.405(2). Having reviewed the pertinent parts of the record, the trial court did not err in determining that Bloomstrom and LeafFilter did not receive payment for providing plain- tiff to another entity to perform construction work, and that there was no genuine issue of…”
Matteson v. LeafFilter North, LLC (A183261), 350 Or. App. 736 (Or. Ct. App. 2026).
“Petitioner sought “to enjoin [Hickman] * * * from acting as a labor contractor in violation of ORS 658.405 to 658.511,” and sought damages under ORS 658.”
— Or. Rev. Stat. § 658.405(2)(a) — 1 case
Gutierrez Negrete v. Com. Roofing Solutions Inc. (D. Or. 2020).
“Or. Rev. Stat. § 658.405 (2)(a). A “construction labor contractor” does not include “[a] person that supplies building materials or machinery, other than manual tools or hand-operated power tools, for a construction project.”
— Or. Rev. Stat. § 658.405(2)(a)(A) — 2 cases
Matteson v. LeafFilter North, LLC (A183261), 350 Or. App. 736 (Or. Ct. App. 2026).
“Petitioner sought “to enjoin [Hickman] * * * from acting as a labor contractor in violation of ORS 658.405 to 658.511,” and sought damages under ORS 658.”
Matteson v. LeafFilter North, LLC (A183261), 350 Or. App. 736 (Or. Ct. App. 2026).
“Petitioner sought “to enjoin [Hickman] * * * from acting as a labor contractor in violation of ORS 658.405 to 658.511,” and sought damages under ORS 658.”
— Or. Rev. Stat. § 658.405(2)(a)(B) — 2 cases
Matteson v. LeafFilter North, LLC (A183261), 350 Or. App. 736 (Or. Ct. App. 2026).
“Petitioner sought “to enjoin [Hickman] * * * from acting as a labor contractor in violation of ORS 658.405 to 658.511,” and sought damages under ORS 658.”
Matteson v. LeafFilter North, LLC (A183261), 350 Or. App. 736 (Or. Ct. App. 2026).
“Petitioner sought “to enjoin [Hickman] * * * from acting as a labor contractor in violation of ORS 658.405 to 658.511,” and sought damages under ORS 658.”
— Or. Rev. Stat. § 658.405(4) — 1 case
Mayfly Grp., Inc. v. Ruiz, 144 P.3d 1025 (Or. Ct. App. 2006).
“In particular, under ORS 658.453(1), the commissioner “may assess a civil penalty not to exceed $2,000 for each violation” on “a farm labor contractor who, without the license required by ORS 658.”
— Or. Rev. Stat. § 658.405(4)(a) — 1 case
Santiago v. Farm West Labor Contracting Co. (D. Or. 2025).
“Rather, this scenario appears to be exactly the type envisioned by the legislature when providing for subcontractor liability under OCRA, so WVAS is a farm labor contractor under ORS § 658.405(4)(a). c. Whether Defendant Rainbow is Jointly and Severally Liable Under OCRA…”
— Or. Rev. Stat. § 658.405(4)(a)(B) — 1 case
Santiago v. Farm West Labor Contracting Co. (D. Or. 2025).
“Rather, this scenario appears to be exactly the type envisioned by the legislature when providing for subcontractor liability under OCRA, so WVAS is a farm labor contractor under ORS § 658.405(4)(a). c. Whether Defendant Rainbow is Jointly and Severally Liable Under OCRA…”
— Or. Rev. Stat. § 658.405(4)(a)(G) — 1 case
Santiago v. Farm West Labor Contracting Co. (D. Or. 2025).
“Rather, this scenario appears to be exactly the type envisioned by the legislature when providing for subcontractor liability under OCRA, so WVAS is a farm labor contractor under ORS § 658.405(4)(a). c. Whether Defendant Rainbow is Jointly and Severally Liable Under OCRA…”
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