Bill Text: OR HB4162 | 2012 | Regular Session | Introduced

Oregon House Bill 4162 (Prior Session Legislation)

Introduced

Bill Title: Relating to employee protections; declaring an emergency.

Sponsorship: Partisan Bill (Democrat 4)

Status: (Failed) 2012-03-05 - In committee upon adjournment. [HB4162 Detail]

Download: Oregon-2012-HB4162-Introduced.html



     76th OREGON LEGISLATIVE ASSEMBLY--2012 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 277

                         House Bill 4162

Sponsored by Representative MATTHEWS; Representatives DOHERTY,
  FREDERICK, J SMITH (Presession filed.)

                             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.

  Extends certain employee protections to individuals performing
work for educational purposes.
  Declares emergency, effective on passage.

                        A BILL FOR 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 2012 Act is added to and made
a part of ORS chapter 659A. + }
  SECTION 2.  { + (1) 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, an
individual is considered to be in an employment relationship with
an employer if the individual is performing work for educational
purposes, whether or not the individual receives payment or any
other form of compensation or benefit for the work.
  (2) Nothing in subsection (1) of this section creates an
employment relationship for the purposes of ORS chapter 652, 653,
654, 656, 657 or 658. + }
  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.
  (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 the employee protections
described in section 2 of this 2012 Act, 'employer' means any
person who, in this state, is in an employment relationship with
an individual as described in section 2 of this 2012 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 2012 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2012 Act takes effect on its
passage. + }
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