Bill Text: OR HB2837 | 2011 | Regular Session | Introduced

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Bill Title: Relating to establishing a lien on employer property based on an unpaid wage claim.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2837 Detail]

Download: Oregon-2011-HB2837-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 930

                         House Bill 2837

Sponsored by Representative WITT (at the request of NW Worker
  Justice Project) (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Establishes right of employee for civil action based on unpaid
wages. Authorizes creation of lien on employer's real and
personal property for unpaid wages under certain circumstances.
Establishes priority of lien for amounts of unpaid wages up to
specified amount. Creates exception.

                        A BILL FOR AN ACT
Relating to establishing a lien on employer property based on an
  unpaid wage claim.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2011 Act is added to and made
a part of ORS 652.310 to 652.414. + }
  SECTION 2.  { + (1)(a) An employee has a right of civil action
for a claim for unpaid wages against the employer in the full
amount of the employee's wages due on each regular payday as
provided in ORS 652.120.
  (b) An employee who brings an action against the employer under
this subsection has a lien upon all property, real and personal,
located in this state for the amount of the unpaid wages to which
the employee is entitled.
  (2)(a) A lien under subsection (1) of this section upon real
property takes effect on the date on which the employee:
  (A) Files a notice of claim of lien with the county clerk of
the county in which the services or some part of the services for
which unpaid wages are due were performed;
  (B) Pays any required filing fees; and
  (C) Serves a copy of the notice filed under this subsection on
the employer by certified mail with return receipt requested.
  (b) The county clerk shall enter notice of the lien in the
County Clerk Lien Record.
  (3)(a) A lien under subsection (1) of this section upon
personal property takes effect on the date on which the employee:
  (A) Files a notice of claim of lien in the same manner in which
a financing statement is filed under ORS chapter 79;
  (B) Pays any required filing fees; and
  (C) Serves a copy of the notice filed under this subsection on
the employer by certified mail with return receipt requested.
  (b) The Secretary of State shall include notice of the lien
that is filed under this subsection in the index maintained by

the secretary for filing financing statements pursuant to ORS
chapter 79.
  (4) A notice of claim of lien filed under subsection (2) or (3)
of this section must be a written statement that specifies:
  (a) The nature of the claim;
  (b) The amount claimed:
  (c) A description of all property, real and personal, upon
which claim is made sufficient for identification; and
  (d) That the person filing the notice has a claim of lien on
the property specified.
  (5) A lien established under subsection (1) of this section has
priority over all other debts, judgments, decrees, liens or
mortgages against the employer, except a lien established by a
commercial lending institution as provided in subsection (6) of
this section, regardless of whether those debts, judgments,
decrees, liens or mortgages originated before or after the lien
established under subsection (1) of this section takes effect.
  (6)(a) A lien established under subsection (1) of this section
does not take priority over a lien of a commercial lending
institution against the employer that was originated before the
lien established under subsection (1) of this section takes
effect.
  (b) Notwithstanding paragraph (a) of this subsection, a lien
established under subsection (1) of this section has priority for
the first $3,000 of the lien amount over a lien of a commercial
lending institution that was originated before the lien
established under subsection (1) of this section takes effect.
  (7) A lien established under subsection (1) of this section
expires if the employee does not bring an action to enforce the
lien within the time prescribed by law for filing the underlying
claim for unpaid wages.
  (8) An employee may bring an action against an employer under
subsection (1) of this section without first filing a claim for
unpaid wages with the Bureau of Labor and Industries under ORS
652.310 to 652.414. + }
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