OAR 839-015-0360: Contractor to File Work Agreements between Labor Contractor and Workers

(1) Labor contractors are required to file information relating to work agreements between the labor contractors and their workers with the bureau. (2) The commissioner has developed Form WH-153 that, in conjunction with Form WH-151, Statement of Workers Rights and Remedies, may be used to comply with this rule. Labor contractors may use any form for filing the information so long as it contains all the elements of Form WH-153 and Form WH-151. (3) Labor contractors must file the form or forms used to comply with this rule with the bureau at the same time that the contractors apply for a license renewal. (4) Labor contractors are required to furnish their workers with a written statement disclosing the terms and conditions of employment, including all the elements contained in Form WH-151 and if they employ workers, to execute a written agreement with their workers prior to the starting of work. The written agreement must provide for all the elements contained in Form WH-153. A copy of the agreement and the disclosure statement must be furnished to the workers in English and in any other language used to communicate with the workers. The disclosing statement must be provided to the workers at the time they are hired, recruited or solicited or at the time they are supplied to another by that contractor, whichever occurs first. A copy of the agreement must be furnished to workers prior to the workers starting work. (5) Written notification of any changes in the terms and conditions of employment must be provided any time any of the elements listed in the original statement change. (6) Except as provided in sections (7) and (8) of this rule, if it is not feasible to provide written notice at the time changes to the terms and conditions of employment are made, written notice of such changes may be made as soon as practicable. (7) Written notice of pay decreases must be provided either prior to or at the time such decrease is implemented. (8) In the case of the notice required by ORS 658.440(1)(f) (G) of the name(s) and address(es) of the owner(s) of operations where workers are employed, so long as notice is provided no later than the next regularly scheduled payday following a change in the location of work, in addition to the notice provided in (10)(a) or (b), notice may be provided: (a) To the Bureau of Labor and Industries in writing; or (b) On any documents issued to workers such as picking tickets or itemized deduction statements provided to workers. (9) Nothing in the written agreement relieves the contractor or any person for whom the contractor is acting of compliance with any representation made by the contractor in recruiting the workers. (10) For purposes of these rules, "written" notice of changes in the terms and conditions of employment includes, but is not limited to the following: (a) Issuance of an amended disclosure statement/agreement (with the information required in Form WH-153) including the specific change(s) in terms and conditions of employment; or (b) Issuance of a written notice of any specific change(s) in the terms and conditions of employment.