Or. Admin. R. 839-001-0490 - Special Provisions for Payment of Wages at Termination for Employees of Businesses Primarily Engaged in the Sale of Motor Vehicles or Farm Implements Who are Paid on a Commission Basis
(1) When an employee of a business primarily
engaged in the sale of motor vehicles or farm implements who is paid on a
commission basis is terminated, unpaid commissions are not owed to the employee
until all the terms and conditions of any agreement between the employer and
employee concerning the method of payment of commissions are fulfilled. If no
such agreement exists, the commission is due with all other earned and unpaid
wages or compensation as provided in ORS
652.140.
(2) Notwithstanding the provisions of OAR
839-001-0470, when an employee who is paid on a commission basis is terminated
by a business that primarily sells motor vehicles or farm implements and there
is a dispute between the employer and employee concerning the amount of
commission due upon termination, if the amount of unpaid commission is found to
be less than 20 percent of the amount of unpaid commission claimed by the
employee, the penalty wage may not exceed the amount of the unpaid commission
or $200, whichever is greater.
Notes
Stat. Auth.: ORS 651.060(4), 652, 653: Other Auth HB 3544(2003 legislature)
Stats. Implemented: ORS 18.838, 652.150, 653.261(1)
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