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

   1. (a) The employer has ceased doing business in Oregon; and
   2. (b) The employer is without sufficient assets to fully and promptly pay the wage claim at the cessation of doing business; and
   3. (c) The wage claim cannot otherwise be fully and promptly paid; and
   4. (d) The wage claim is valid; and
   5. (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. (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).

Statutory/Other Authority

ORS 651.060(4) & Chapter 652

Statutes/Other Implemented

ORS 652.414 & House Bill 2818, 2021

History

BLI 1-2022, amend filed 03/21/2022, effective 04/01/2022
BLI 13-2021, temporary amend filed 08/06/2021, effective 08/06/2021 through 02/01/2022
BLI 13-1999, f. 9-28-99, cert. ef. 10-23-99
BL 9-1996, f. & cert. ef. 10-8-96
BL 2-1994, f. & cert. ef. 5-27-94
Reverted to BL 8-1989, f. & cert. ef. 10-12-89
BL 9-1993(Temp), f. & cert. ef. 9-13-93
BL 8-1989, f. & cert. ef. 10-12-89
BL 5-1986, f. 6-20-86, ef. 7-1-86