(1) If the Director of the Employment Department determines that an employer that offers benefits pursuant to a plan approved under ORS § 657B.210 has at any time violated any requirements applicable to plans approved under ORS § 657B.210, the director may assess the following penalties against the employer:

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Terms Used In Oregon Statutes 657B.925

  • Benefits: means family and medical leave insurance benefits. See Oregon Statutes 657B.010
  • Employer: means any person that employs one or more employees working anywhere in this state or any agent or employee of such person to whom the duties of the person under this chapter have been delegated. See Oregon Statutes 657B.010
  • Medical leave: means leave from work taken by a covered individual that is made necessary by the individual's own serious health condition. See Oregon Statutes 657B.010

(a) $1,000 for the first violation.

(b) $2,000 for the second and each subsequent violation.

(2) The director may waive collection of a penalty assessed under subsection (1) of this section if the employer corrects the violation within 30 days of receiving a notice of the violation and the notice is for a first violation.

(3) The director may waive collection of any penalties if the director determines the violation to be an inadvertent error by the employer.

(4) Monetary penalties collected under this section shall be deposited in the Paid Family and Medical Leave Insurance Fund established under ORS § 657B.430.

(5) The decision of the director to assess a penalty under this section shall become final unless within 20 days following the date of the notice informing the employer of the penalty, the employer submits a written request for a hearing under ORS § 657B.410 to review the director’s decision. A decision of the director to assess a penalty under this section does not authorize the collection of the penalty until the decision becomes final. [2023 c.120 § 7]

 

Section 13 (3), chapter 120, Oregon Laws 2023, provides:

(3) Section 7, chapter 120, Oregon Laws 2023 [657B.925], applies to penalties assessed on or after September 3, 2023. [2023 c.120 § 13(3); 2023 c.292 § 16b(3)]