Bill Text: OR HB2669 | 2013 | Regular Session | Enrolled
Bill Title: Relating to employee protections; and declaring an emergency.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-13 - Chapter 379, (2013 Laws): Effective date June 13, 2013. [HB2669 Detail]
Download: Oregon-2013-HB2669-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2669
Sponsored by Representatives FREDERICK, MATTHEWS (at the request
of Commissioner of the Bureau of Labor and Industries Brad
Avakian) (Presession filed.)
CHAPTER ................
AN ACT
Relating to employee protections; creating new provisions;
amending ORS 659A.001; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2013 Act is added to and made
a part of ORS chapter 659A. + }
SECTION 2. { + (1) An intern is considered to be in an
employment relationship with an employer for the purposes of the
employee protections provided under ORS 659A.030, 659A.082,
659A.109, 659A.112, 659A.136, 659A.142, 659A.199, 659A.230,
659A.233, 659A.236, 659A.290, 659A.300, 659A.303, 659A.306 and
659A.315.
(2) Nothing in subsection (1) of this section creates an
employment relationship between an employer and an intern for the
purposes of ORS chapter 652, 653, 654, 656, 657 or 658.
(3) As used in this section, 'intern' means a person who
performs work for an employer for the purpose of training if:
(a) The employer is not committed to hire the person performing
the work at the conclusion of the training period;
(b) The employer and the person performing the work agree in
writing that the person performing the work is not entitled to
wages for the work performed; and
(c) The work performed:
(A) Supplements training given in an educational environment
that may enhance the employability of the intern;
(B) Provides experience for the benefit of the person
performing the work;
(C) Does not displace regular employees;
(D) Is performed under the close supervision of existing staff;
and
(E) Provides no immediate advantage to the employer providing
the training and may occasionally impede the operations of the
employer. + }
SECTION 3. ORS 659A.001 is amended to read:
659A.001. As used in this chapter:
(1) 'Bureau' means the Bureau of Labor and Industries.
(2) 'Commissioner' means the Commissioner of the Bureau of
Labor and Industries.
(3) 'Employee' does not include any individual employed by the
individual's parents, spouse or child or in the domestic service
of any person.
Enrolled House Bill 2669 (HB 2669-A) Page 1
(4) { + (a) + } 'Employer' means any person who in this state,
directly or through an agent, engages or uses the personal
service of one or more employees, reserving the right to control
the means by which such service is or will be performed.
{ + (b) For the purposes of employee protections described in
section 2 of this 2013 Act, 'employer' means any person who, in
this state, is in an employment relationship with an intern as
described in section 2 of this 2013 Act. + }
(5) 'Employment agency' includes any person undertaking to
procure employees or opportunities to work.
(6)(a) 'Familial status' means the relationship between one or
more individuals who have not attained 18 years of age and who
are domiciled with:
(A) A parent or another person having legal custody of the
individual; or
(B) The designee of the parent or other person having such
custody, with the written permission of the parent or other
person.
(b) 'Familial status' includes any individual, regardless of
age or domicile, who is pregnant or is in the process of securing
legal custody of an individual who has not attained 18 years of
age.
(7) 'Labor organization' includes any organization which is
constituted for the purpose, in whole or in part, of collective
bargaining or in dealing with employers concerning grievances,
terms or conditions of employment or of other mutual aid or
protection in connection with employees.
(8) 'National origin' includes ancestry.
(9) 'Person' includes:
(a) One or more individuals, partnerships, associations, labor
organizations, limited liability companies, joint stock
companies, corporations, legal representatives, trustees,
trustees in bankruptcy or receivers.
(b) A public body as defined in ORS 30.260.
(c) For purposes of ORS 659A.145 and 659A.421 and the
application of any federal housing law, a fiduciary, mutual
company, trust or unincorporated organization.
(10) 'Respondent' means any person against whom a complaint or
charge of an unlawful practice is filed with the commissioner or
whose name has been added to such complaint or charge pursuant to
ORS 659A.835.
(11) 'Unlawful employment practice' means a practice
specifically denominated as an unlawful employment practice in
this chapter. 'Unlawful employment practice' includes a practice
that is specifically denominated in another statute of this state
as an unlawful employment practice and that is specifically made
subject to enforcement under this chapter.
(12) 'Unlawful practice' means any unlawful employment practice
or any other practice specifically denominated as an unlawful
practice in this chapter. 'Unlawful practice' includes a practice
that is specifically denominated in another statute of this state
as an unlawful practice and that is specifically made subject to
enforcement under this chapter, or a practice that violates a
rule adopted by the commissioner for the enforcement of the
provisions of this chapter.
SECTION 4. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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Enrolled House Bill 2669 (HB 2669-A) Page 2
Passed by House May 15, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate June 4, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2669 (HB 2669-A) Page 3
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2669 (HB 2669-A) Page 4
