PASSED SENATE, NEEDS TESTIMONY
Amendment: property owner is limited to when the contract with more than one contactor or subcontractor, which makes them a part of the contracting team, exempts owners primary residence from suit, reduces 6 years to 2 years to file a suit.
Makes an owner and a direct contractor jointly and severally liable in a civil action for any unpaid wages owed to the unrepresented employees of the direct contractor and subcontractors at any tier. Provides the statute of limitations for actions regarding recovery for unpaid and overtime wages. Requires subcontractors to provide certain payroll records and other information to the owner or the direct contractor, upon request. Permits the owner and the direct contractor to withhold payment to a subcontractor in certain circumstances.
SB 426 may say it is severally liable, but it makes the property owner as the direct contractor liable for when contractors they hire do not properly pay their employees, even though the landowner paid in full for the project. That is not severally liable and it doesn’t make the constructing industry accountable for their laborers’ wages.
The Official Staff Measure Summary says this bill is needed because ” BOLI has a
significant backlog for wage claims” and cannot help victimized workers. “Cannot”? Isn’t protecting workers BOLI’s priority?
Property owners are making the biggest financial decision of their life and are extremely
vulnerable. They are already a victim if their home is forced to stop construction due to
a serious unpaid wage problem that the landowner has no connection to.
SUBMIT TESTIMONY HERE before 5/9 at 3pm
EMAIL COMMITTEE
Rep.DacieGrayber@OregonLegislature.gov
Rep.LucettaElmer@OregonLegislature.gov
Rep.LeslyMunoz@OregonLegislature.gov
Rep.ShellyBoshartDavis@OregonLegislature.gov
Rep.LisaFragala@OregonLegislature.gov
Rep.TravisNelson@OregonLegislature.gov
Rep.AnnaScharf@OregonLegislature.gov
SB 426A I oppose the property owner becoming the direct contractor & liable for when contractors they hire do not properly pay their employees, even though the landowner paid in full for the project.