Onsite Inspections

The Bureau of Labor and Industries’ Wage and Hour Division is responsible for the administration and enforcement of Oregon’s laws relating to wages and working conditions.  These requirements include provisions on:
 
Payment of wages
Minimum wage and overtime
Rest and meal periods
Statewide sick leave
Labor contractors providing workers in the farm, forestation, construction and janitorial sectors
Child labor protections
Prevailing wage rates on public works projects
 
Compliance specialists from the Wage and Hour Division may conduct an onsite inspection to determine whether employees are being employed and paid appropriately.   While such inspections may be scheduled in advance, compliance specialists also initiate unannounced site visits in order to directly observe normal business operations and develop factual information quickly.  Oregon Revised Statute (ORS) 651.120 outlines the Bureau’s authority to enter business premises, gather facts, and examine working conditions at any reasonable time.
 

Proactive Investigations and Enforcement

The Wage and Hour Division’s Proactive Investigations and Enforcement Unit also routinely conducts onsite compliance reviews in order to preemptively reach out to Oregon employers and their workforce and encourage compliance with the state’s wage and hour regulations.  Such visits may occur either in response to complaints received by the agency or as a result of the Division’s enforcement efforts in a particular industry or geographic region.
 
A routine onsite visit will begin with an explanation of the investigative process and the types of records that will be required during the review.  It may also include interviews of both management and workers in private.  The compliance specialists will also verify posting of the applicable minimum wage; an Oregon sick leave notice; and (where applicable) a certificate to employ minors.
 
Under ORS 653.045 and Oregon Administrative Rule 839-020-0080, employers will also be asked to provide:
  • Names and contact information of employees;
  • A copy of time records for the last two completed pay periods typically; and
  • A copy of the payroll records for this same timeframe.

 Once this information has been gathered and reviewed, the Unit may contact the employer to request additional information or advise it that no violations were found.  If violations are found during a compliance review, the employer will be informed as to the requirements of the law and necessary corrective actions.  Corrective action for any violation may include revision of the company’s policies and practices; prompt computation and payment of back wages due to employees; and payment of applicable civil penalties. Where appropriate, BOLI may also seek a signed agreement from the employer regarding future compliance.

 

Retaliation is Prohibited

Under Oregon law, discrimination or discharge of an employee for participating in BOLI’s review of wages and working conditions is prohibited and constitutes an unlawful employment practice under ORS chapter 659A. A person unlawfully discriminated against may file a complaint with the Civil Rights Division of the Bureau of Labor and Industries.

 

Additional Information

Contact the Wage and Hour Division.
Online:  www.oregon.gov/boli  Email:  whdscreener@boli.state.or.us
Telephone:  971-673-0844 (Ore. Relay TTY: 711). Se habla español.
 
WH-FS-105
Rev 08/2017