(1) An employee asserting a violation of ORS 653.470 may file a complaint with the Commissioner of the Bureau of Labor and Industries under ORS 659A.820 or a civil action as provided in ORS 659A.885. (2) The commissioner has the same enforcement powers with respect to the rights established under this section and ORS 653.422, 653.432, 653.436, 653.442, 653.450, 653.455, 653.465, 653.470 and 653.485 as are established in this chapter and ORS chapter 652. (3) In addition to any other damages provided by law, the commissioner may assess a statutory penalty as follows: (a) $500 for any violation of ORS 653.460. (b) $1,000 for any violation of ORS 653.422, 653.432, 653.436, 653.442, 653.450, 653.455, 653.465 or 653.470. (4) If the commissioner determines that the employer paid the full remedy due, not including any statutory penalty, within 14 days of service of an order, the commissioner shall waive 50 percent of the amount of any statutory penalty imposed by order under this section. Note: See second note under 653.412.
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