Or. Admin. Code § 839-015-0600

Current through Register Vol. 63, No. 10, October 1, 2024
Section 839-015-0600 - Procedure for Filing Civil Action under ORS 658.453
(1) Any worker who wishes to file a civil action pursuant to ORS 658.453 must file a complaint with the Bureau.
(2) The complaint must be in writing and contain the names of the persons or entities against whom the complaint is filed. A copy of the proposed complaint to be filed with the court may, if available, be attached to the complaint filed with the Bureau. The worker filing the complaint with the Bureau may also state whether the worker intends to pursue a private civil court action.
(3) The complaint is considered filed with the Bureau on the date that it is mailed to the Bureau or the date it is emailed to the Administrator of the Wage and Hour Division.
(4) The complaint that is filed with the Bureau should be filed prior to the filing in court of a civil complaint pursuant to ORS 658.453. However, if the complaint filed with the Bureau is not filed prior to the filing of a complaint in court but is done so before the entry of a final judgment, it shall be considered to be filed timely for purposes of ORS 658.453.

Or. Admin. Code § 839-015-0600

BL 16-1988, f. & cert. ef. 12-13-88; BL 2-1996, f. & cert. ef. 1-9-96; BLI 28-2005, f. 12-29-05, cert. ef. 1-1-06; BLI 1-2024, amend filed 01/04/2024, effective 1/4/2024

Statutory/Other Authority: ORS 651.060 & ORS 658.450

Statutes/Other Implemented: ORS 658.405 - 658.511