OAR 839-001-0160: Schedule of Civil Penalties for Violations of ORS 652.020

(1) Except as provided in section (4) of this rule, the civil penalty for any one violation of ORS 652.020 or any rule adopted pursuant thereto shall not exceed $1,000. The actual amount of the civil penalty will depend on all the facts and on any mitigating and aggravating circumstances. (2) When the commissioner determines to assess a civil penalty for requiring or permitting an employee to work over ten hours in a day when the employee is not paid time and one-half the regular rate of pay in violation of ORS 652.020, the minimum civil penalty to be assessed shall be $50 per day for each employee affected. For example, when the employer or an employer's agent requires or permits five employees to work over ten hours in a day for four days without paying the employees time and one-half their regular rate of pay for the hours worked over ten in a day, the minimum civil penalty to be assessed shall be $1,000 (5 employees x 4 days x $50 per day per employee = $1,000). (3) When the commissioner determines to assess a civil penalty for requiring or permitting an employee to work more than 13 hours in any day of 24 hours, the minimum civil penalty shall be $500 per day for the first offense. For example, when an employer or an employer's agent requires or permits any number of employees to work over 13 hours in a day for four days, the minimum civil penalty shall be $2,000 (4 days x $500/day = $2,000). When the commissioner determines to assess a civil penalty for subsequent offenses, the commissioner may assess up to $1,000 for each such offense. (4) When the commissioner determines that an employer has violated ORS 652.020 by coercing an employee into consenting to work more than 55 hours in one workweek, the civil penalty shall not exceed: (a) $2,000 for any one violation if the employer coerced an employee to work more than 55 hours per workweek under ORS 652.0250(2)(b); or (b) $3,000 for any one violation if the employer coerced an employee to work more than 55 hours per workweek during a period of undue hardship under ORS 652.020(4)(b). (5) The civil penalties set out in sections (2), (3) and (4) of this rule shall be in addition to any other penalty imposed by law or rule. (6) The civil penalty for all other violations shall be set in accordance with the determinations and considerations referred to in OAR 839-001-0496.