OAR 839-020-1010: Violations for Which a Civil Penalty May Be Assessed

(1) The commissioner may assess a civil penalty for any of the following willful violations: (a) Failure to pay the applicable minimum wage for all hours worked in violation of ORS 653.025 and OAR 839-020-0010. (b) Failure to pay overtime for all hours worked over forty (40) in a week in violation of OAR 839-020-0030 or, for domestic workers, failure to pay overtime in violation of ORS 653.547 and OAR 839-020-0030. (c) Payment to student-learners less than a fixed minimum hourly wage rate which has been approved by the commissioner in violation of ORS 653.030 and 839-020-0015; (d) Failure to make required payroll and other records in violation of ORS 653.045, OAR 839-020-0050, 839-020-0080, and 839-020-0082; (e) Failure to keep available required payroll and other records in violation of ORS 653.045, OAR 839-020-0050, 839-020-0080, 839-020-0082, and 839-020-0083; (f) Failure to supply each of the employer's employees with itemized statements of amounts and purposes of deductions in the manner provided in ORS 652.610 in violation of 653.045, OAR 839-020-0012 and 839-020-0080; (g) Failure to keep summaries of ORS 653.010 to 653.261 and rules promulgated thereto by the commissioner posted in a conspicuous and accessible place in or about the premises where such employees are employed in violation of ORS 653.050; (h) Discharging or discriminating in any other manner against any employee in violation of ORS 653.060: (A) Because the employee has made complaint that the employee has not been paid wages in accordance with ORS 653.010 to 653.261; (B) Because the employee has caused to be instituted or is about to cause to be instituted any proceedings under or relating to ORS 653.010 to 653.261; or (C) Because the employee has testified or is about to testify in any such proceedings. (i) Failure to provide to each employee appropriate meal periods in violation of OAR 839-020-0050; (j) Coercing an employee into waiving a meal period in violation of ORS 653.261(5)(b); (k) Failure to provide to each employee appropriate rest periods in violation of OAR 839-020-0050; (L) Intentional failure to provide a reasonable rest period to accommodate an employee who needs to express breast milk in violation of ORS 653.077 and OAR 839-020-0051; (m) Requiring any employee to lift excessive weights in violation of OAR 839-020-0060; (n) Employing any employee to work under any conditions in violation of OAR 839-020-0065; (o) Failure to provide a domestic worker who resides in the home of the employer with an uninterrupted rest period of at least eight consecutive hours within each 24-hour period in violation of ORS 653.547 and OAR 839-020-0042(4); (p) Failure to provide a domestic worker with a rest period of at least 24 consecutive hours in each work week in violation of ORS 653.547 and OAR 839-020-0052(1); (q) Failure to provide a domestic worker not less than three paid personal days off in violation of ORS 653.547 and OAR 839-020-0052(2); (r) Failure to pay a domestic worker for personal days off in violation of ORS 653.547 and OAR 839-020-0052(2); (s) Requiring or permitting an employee subject to ORS 653.265 to work more hours than permitted under ORS 653.265(2)(a), (b) or (c); (t) Requiring or permitting an employee subject to ORS 653.265 to work more than 55 hours in any one workweek without obtaining the employee’s request or consent in writing, in violation of ORS 653.265 (2)(b) or (5)(b); (u) Permitting an employee subject to ORS 653.265 to work up to the maximum hours permitted by ORS 653.265(2)(c) when the employer is not eligible for an undue hardship exemption; (v) Failure to make available to the commissioner, upon request, a copy of an employee’s written request or consent as required by OAR 839-020-0417(3) and OAR 839-020-0420(5); or (w) Failure to provide notice of the undue hardship period to the commissioner within seven (7) calendar days of the date on which the undue hardship period began. (2) Except as provided in ORS 653.261(5)(c), ORS 653.265(9)(a), and section (3) of this rule, the civil penalty for any one violation will not exceed $1,000. The actual amount of the civil penalty will depend on all the facts and circumstances referred to in OAR 839-020-1020. (3) When the commissioner determines that an employer has violated ORS 653.265 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 653.265(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 653.265(5)(b). (4) For the purpose of section (3) this rule, an employer will be considered to have coerced an employee into consenting to work more than 55 hours in one workweek under the following circumstances: (a) The employer requires an employee to consent in writing to work more than 55 hours per workweek; (b) The employer requires an employee to consent to work more than 55 hours per workweek as a condition of employment at the time of hire; or (c) The employer requests or requires any person, including another employee, to require an employee to consent in writing to work more than 55 hours per workweek. (5) The civil penalties set out in this rule will be in addition to any other penalty assessed or imposed by law or rule.