Happy family

Find a legal form in minutes

Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms.

Oregon Farm Labor Laws

The Oregon farm labor laws are found in ORS §§ 652.630 through 652.640, and  ORS §§ 658.405 through 658.991.  Pursuant to ORS § 652.635, every producer, or agent of the producer, who employs a labor contractor to provide a working crew for harvesting perishable agricultural products or who offers a bonus to those persons who harvest perishable agricultural products shall cause to be conspicuously posted and maintained on the premises where the agricultural products are to be harvested a notice that states:

(1) A description of the terms and conditions of any bonus offered, including the manner of determining when the bonus is earned.

(2) That portion of the labor contractor’s compensation that is based on the amount of work done by each employee of the labor contractor.

ORS § 658.410 provides that except as provided by ORS 658.425 and subsection (3) of this section, a person may not act as a farm labor contractor without a valid license in the person’s possession issued to the person by the Commissioner of the Bureau of Labor and Industries.  Except as provided in subsection (3) of this section, a person may not act as a farm labor contractor with regard to the forestation or reforestation of lands, unless the person possesses a valid farm labor contractor’s license with the endorsement required by ORS 658.417 (1).  The Bureau of Labor and Industries shall make rules for the issuance of duplicate licenses in the event of the loss or destruction of original licenses.  Farm labor contractor licenses may be issued by the commissioner only as follows:

(a) To a natural person operating as a sole proprietor under the person’s own name or under an assumed business name registered with the Office of Secretary of State.

(b) To two or more natural persons operating as a partnership or as a limited liability partnership under their own names or under an assumed business name registered with the Office of Secretary of State.

(c) Except as provided in subsection (3) of this section, to the majority shareholder or majority shareholders of a corporation or a limited liability company that is licensed to operate as a farm labor contractor.

(d) Except as provided in subsection (3) of this section, to a corporation or a limited liability company whose majority shareholder or majority shareholders are also licensed to operate as a farm labor contractor and that is authorized to do business in Oregon by the Office of Secretary of State.

(e) To a cooperative corporation authorized to do business in Oregon by the Office of Secretary of State.

(f) To a private nonprofit corporation authorized to do business in Oregon by the Office of Secretary of State and designated by the Internal Revenue Service as exempt under section 501(c)(3) of the Internal Revenue Code, provided:

(i) The purpose of the corporation is to provide education or training; and

(ii) Workers recruited, solicited, supplied or employed by the corporation are recruited, solicited, supplied or employed only for the purpose of educating or training the workers in the forestation or reforestation of lands or in the production or harvesting of farm products; or

For at least five years before the corporation files an application for a farm labor contractor license, the corporation has been:

(i)                 Authorized to do business in Oregon by the Office of Secretary of State;

(ii)               Primarily engaged in recruiting, soliciting, supplying or employing workers; and

(iii)              Designated by the Internal Revenue Service as exempt under section 501(c)(3) of the Internal Revenue Code.

(g) To an agricultural association that is authorized to do business in Oregon by the Office of Secretary of State.

The majority shareholder or majority shareholders of a corporation or limited liability company are not required to be licensed under this section if the corporation or limited liability company:

(a)(A) Publicly trades its shares of stock on a stock exchange regulated by the United States Securities and Exchange Commission; or

(B) Has 10 or more shareholders and demonstrates to the satisfaction of the commissioner that the corporation or limited liability company is adequately capitalized; and

(b) Is authorized to do business in Oregon by the Office of Secretary of State.

Prior to beginning work on any contract or other agreement the farm labor contractor shall:

(a) Display the license or temporary permit to the person to whom workers are to be provided, or the person’s agent; and

(b) Provide the person to whom workers are to be provided, or the person’s agent with a copy of the license or temporary permit.

Prior to allowing work to begin on any contract or agreement with a farm labor contractor, the person to whom workers are to be provided, or the person’s agent shall:

(a) Examine the license or temporary permit of the farm labor contractor; and

(b) Retain a copy of the license or temporary permit provided by the farm labor contractor pursuant to subsection (1)(b) of this section[i].

Pursuant to ORS § 658.715, a person may not operate a farm worker camp unless the person:

(a) Is a farm labor contractor licensed under ORS 658.405 to 658.503, and the contractor first obtains an indorsement to do so as provided in ORS 658.730;

(b) Has a substantial ownership interest in the real property, subject to farm use special assessment under ORS 308A.050 to 308A.128, on which the camp is located or has any form of ownership interest in a business organization that operates the farmworker camp and files an income tax return reporting farm activity in the preceding tax year; or

(c) Is related by blood or marriage to any person who has a substantial ownership interest in the real property, subject to farm use special assessment under ORS 308A.050 to 308A.128, on which the camp is located or has any form of ownership interest in the business organization that operates the farmworker camp and files an income tax return reporting farm activity in the preceding tax year.

Nothing in ORS 658.705 to 658.850 requires a permanent employee of a farmworker camp operator, who has no financial interest in the camp other than the wages paid to the employee, to obtain a camp endorsement.

In accordance with the applicable provisions of ORS chapter 183, the Commissioner of the Bureau of Labor and Industries, by rule, shall establish an endorsement system for any farm labor contractor who operates a farm worker camp. Such system shall include, but not be limited to, provisions prescribing:

(a) The form and content of and the times and procedures for submitting an application for endorsement issuance or renewal.

(b) The requirements for and the manner of testing the competency of endorsement applicants.

(2) The endorsement shall be posted conspicuously in an exterior area of the camp that is open to all employees and in a manner easily visible to the occupants of and visitors to the camp[ii].

Every farm worker camp operator shall:

(a) If a farm labor contractor, comply with the provisions of ORS 658.405 to 658.503.

(b) Comply with ORS chapter 654 and the administrative rules of the Department of Consumer and Business Services adopted pursuant to ORS chapter 654.

(c) Comply with all applicable building codes and health and safety laws.

(d) Comply with ORS 659A.250 to 659A.262.

(e) Pay or distribute promptly, when due, to individuals entitled thereto, all moneys or other things of value entrusted to the farm worker camp operator, or agents or employees of the operator, by any individual for that purpose.

(f) Comply with the terms and provisions of all legal and valid agreements or contracts entered into in the operator’s capacity as an operator of a farm worker camp.

(2) No farm worker camp operator shall:

(a) Operate a camp which is not registered with the department as required by ORS 658.750.

(b) Make any material misrepresentation, false statement or willful concealment in the application for an endorsement or registration.

(c) Willfully make or cause to be made to any person any false, fraudulent or misleading representation concerning the terms and conditions of occupancy in the farm worker camp.

(d) Knowingly publish or circulate any false or misleading information concerning the terms, conditions or existence of housing or employment at any place.

(e) Assist a person who is not entitled to operate a farm worker camp under ORS 658.705 to 658.850 to act in violation of ORS 658.705 to 658.850 or in violation of ORS 658.405 to 658.503 or ORS chapter 654.

(f) By force, intimidation or threat in any manner whatsoever, induce any occupant of the farm worker camp to give up any part of the compensation the occupant is entitled to by contract or by any state or federal wage payment law.

(g) By force, intimidation or threat in any manner whatsoever, restrain any person who wishes to leave the camp from doing so[iii].

In any action arising out of the activities of a farm worker camp operator who is operating an unregistered farm worker camp within this state and who is not in the state or is otherwise unavailable to accept service of process in this state, the farm worker camp operator may be served by mailing a certified true copy of the summons and complaint to:

(1) The Commissioner of the Bureau of Labor and Industries;

(2) The last-known address, if any, of the farm worker camp operator; and

(3) Any other address, the use of which the plaintiff knows or, on the basis of reasonable inquiry, has reason to believe is most likely to result in actual notice[iv].

[i] ORS § 658.437.

[ii] ORS § 658.730.

[iii] ORS § 658.755.

[iv] ORS § 658.800.


Inside Oregon Farm Labor Laws