Or. Admin. R. 839-001-0510

Current through Register Vol. 63, No. 4, April 1, 2024

Section 839-001-0510 - Eligibility for Wage Payment from the Wage Security Fund

(1) An employee is eligible for the payment of a wage claim from the Fund when the Commissioner makes the following determinations:

(a) The employer has ceased doing business in Oregon; and

(b) The employer is without sufficient assets to fully and promptly pay the wage claim at the cessation of doing business; and

(c) The wage claim cannot otherwise be fully and promptly paid; and

(d) The wage claim is valid; and

(e) The amount claimed was earned within 60 days of the date of the cessation of business or if the claimant filed a wage claim before the cessation of business, the amount claimed was earned within 60 days before the last day the claimant was employed.

(2) When the Commissioner obtains a judgment or issues a final order, including an order of determination that has become final, an employee is eligible for the payment of the amount of unpaid wages due pursuant to the judgment or final order from the Fund, except as provided in OAR 839-001-0520(3) and (4).

Or. Admin. R. 839-001-0510

BL 5-1986, f. 6-20-86, ef. 7-1-86; BL 8-1989, f. & cert. ef. 10-12-89; BL 9-1993(Temp), f. & cert. ef. 9-13-93; Reverted to BL 8-1989, f. & cert. ef. 10-12-89; BL 2-1994, f. & cert. ef. 5-27-94; BL 9-1996, f. & cert. ef. 10-8-96; BLI 13-1999, f. 9-28-99, cert. ef. 10-23-99; BLI 13-2021, temporary amend filed 08/06/2021, effective 08/06/2021 through 02/01/2022; BLI 1-2022, amend filed 03/21/2022, effective 4/1/2022

Statutory/Other Authority: ORS 651.060(4) & Chapter 652

Statutes/Other Implemented: ORS 652.414 & House Bill 2818, 2021