Bill Text: OR HB2907 | 2013 | Regular Session | Introduced

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Bill Title: Relating to misclassification of employees as independent contractors; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2907 Detail]

Download: Oregon-2013-HB2907-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2590

                         House Bill 2907

Sponsored by COMMITTEE ON BUSINESS AND LABOR (at the request of
  American Federation of Labor and Congress of Industrial
  Organizations-Oregon)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires Bureau of Labor and Industries to establish full-time
equivalent position for investigator to investigate
misclassification of employees as independent contractors.
Directs bureau to assess civil penalties for misclassification.
  Declares emergency, effective July 1, 2013.

                        A BILL FOR AN ACT
Relating to misclassification of employees as independent
  contractors; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) The Bureau of Labor and Industries shall
establish a full-time equivalent position for an investigator
whose primary duty is the investigation of employer
misclassification of employees as independent contractors, as
defined in ORS 670.600.
  (2) The bureau shall assess civil penalties as provided in this
section for the misclassification of employees as independent
contractors, as follows:
  (a) For an employer cited for a misclassification that the
bureau determines is a first offense and an offense that is
limited in scope, accidental, unintentional or not reflective of
a common business practice of the employer, the bureau shall
assess a civil penalty of not more than $___ for each
misclassification cited.
  (b) For an employer cited for a misclassification, including a
first offense, that the bureau determines is intentional,
widespread or reflective of a common business practice of the
employer, the bureau shall assess a civil penalty of not less
than $___ and not more than $___ for each violation cited.
  (c) For an employer cited for failure to correct a
misclassification previously cited within the time established by
rule of the bureau, the bureau shall assess a civil penalty of
not more than $___ for each day during which the failure to
correct the misclassification continues.
  (d) For an employer that knowingly makes a false statement,
representation or certification about a misclassification, or the
correction of a misclassification, the bureau shall assess a
civil penalty of not less than $___ and not more than $___.
  (3) When an order assessing a civil penalty under this section
becomes final by operation of law or on appeal, unless the amount
of penalty is paid within 20 days after the order becomes final:
  (a) The order constitutes a judgment and may be recorded with
the county clerk in any county of this state.
  (b) The clerk shall record the name of the employer incurring
the penalty in the order and the amount of the penalty in the
County Clerk Lien Record.
  (c) The penalty provided in the order, when recorded under
paragraph (b) of this subsection, becomes a lien upon the title
to any interest in property owned by the employer against which
the order is entered.
  (d) Execution may be issued upon the order in the same manner
as execution upon a judgment of a court of record.
  (4) The bureau shall deposit civil penalties assessed under
this section in a subaccount of the Bureau of Labor and
Industries Account established in ORS 651.160 and use the moneys
to pay the costs of administration of this section, including the
costs of investigations conducted under this section. + }
  SECTION 2.  { + 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 July 1,
2013. + }
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