Oregon Revised Statutes Chapter 658 § 658.440 — Requirements for labor contractors; prohibitions

Requirements for labor contractors; prohibitions. (1) Each person acting as a labor contractor shall: (a) Carry a labor contractor’s license at all times and exhibit it upon request to any person with whom the labor contractor intends to deal in the capacity of a labor contractor. (b) File immediately at the United States post office serving the labor contractor’s address, as noted on the face of the license, a correct change of address if the labor contractor permanently changes address, and notify the Commissioner of the Bureau of Labor and Industries each time an address change is made. (c) Pay or distribute promptly, when due, to the individuals entitled thereto all money or other things of value entrusted to the labor contractor by any person for that purpose. (d) Comply with the terms and provisions of all legal and valid agreements or contracts entered into in the labor contractor’s capacity as a labor contractor. (e) File with the Bureau of Labor and Industries, as required by rule, information relating to work agreements between the labor contractor and construction property owners or farmers and between the labor contractor and workers or information concerning changes in the circumstances under which the license was issued. (f) Furnish to each worker, at the time of hiring, recruiting, soliciting or supplying, whichever occurs first, a written statement in the English language and any other language used by the labor contractor to communicate with the workers that contains a description of: (A) The method of computing the rate of compensation. (B) The terms and conditions of any bonus offered, including the manner of determining when the bonus is earned. (C) The terms and conditions of any loan made to the worker. (D) The conditions of any housing, health and child care services to be provided. (E) The terms and conditions of employment, including the approximate length of season or period of employment and the approximate starting and ending dates thereof. (F) The terms and conditions under which the worker is furnished clothing or equipment. (G) The name and address of the owner of all operations where the worker will be working as a result of being recruited, solicited, supplied or employed by the labor contractor. (H) The existence of a labor dispute at the worksite. (I) The worker’s rights and remedies under ORS chapters 654 and 656, ORS 658.405 to 658.511, the Service Contract Act (41 U.S.C. 351-401) and any other such law specified by the Commissioner of the Bureau of Labor and Industries, in plain and simple language in a form specified by the commissioner. (g) At the time of hiring and prior to the worker performing any work for the labor contractor, execute a written agreement between the worker and the labor contractor containing the terms and conditions described in paragraph (f)(A) to (I) of this subsection. The written agreement shall be in the English language and any other language used by the labor contractor to communicate with the workers. (h) Furnish to the worker, each time the worker receives a compensation payment from the labor contractor, a written statement itemizing the total payment and amount and purpose of each deduction therefrom, hours worked and rate of pay or rate of pay and pieces done if the work is done on a piece rate basis, and if the work is done under the Service Contract Act (41 U.S.C. 351-401) or related federal or state law, a written statement of any applicable prevailing wage. (i) Except for a person acting as a property services contractor, provide to the commissioner a certified true copy of all payroll records for work done as a labor contractor when the contractor pays employees directly. The records shall be submitted in such form and at such times and shall contain such information as the commissioner, by rule, may prescribe. (j)(A) If the person is a farm labor contractor engaged in the forestation or reforestation of lands, provide workers’ compensation insurance for each individual who performs manual labor in forestation or reforestation activities regardless of the business form of the contractor and regardless of any contractual relationship that may be alleged to exist between the contractor and the workers notwithstanding ORS 656.027, unless workers’ compensation insurance is otherwise provided; or (B) If the person is a farm labor contractor but is not engaged in the forestation or reforestation of lands, provide workers’ compensation insurance to the extent required under ORS chapter 656, unless workers’ compensation insurance is otherwise provided. (k) If the person is a property services contractor, provide time and pay records, as defined in ORS 652.750, to the commissioner or an employee of the property services contractor who requests the records, no later than 45 days after receipt of the request. A property services contractor that fails to comply with the requi