(1) If a current or former employee of an employer believes that the employee has been disciplined for failing to meet a quota, the current or former employee shall have a right, upon request, to receive records as follows: (a) If the requesting employee is a current employee, the employee shall have a right to a copy of a record that includes: (A) The information described in ORS 653.556 (1); and (B) The employees work speed data for the 90 days immediately preceding the date of the employees request. (b) If the requesting employee is a former employee, the employee shall have a right to make one request for a copy of a record that includes: (A) The information described under ORS 653.556 (1) related to the quota to which the former employee was subject for the 90 days immediately preceding the date of the employees separation from the employer; and (B) The former employees work speed data for the 90 days immediately preceding the date of the former employees most recent separation from employment. (2) A former employee has the right to request records under subsection (1) of this section within three years following the date of the employees separation from employment. (3) An employer shall provide records requested pursuant to this section free of charge and as soon as practicable upon request of a current or former employee, but not later than 21 calendar days from the date of the request. (4) Nothing in this section may obligate an employer: (a) To impose a quota or monitor work speed data. (b) To provide the records described in this section if the employer does not monitor work speed data. (5) The Commissioner of the Bureau of Labor and Industries may order an employer to produce the records described under this section. (6) An employers failure to comply with the requirements of this section shall subject the employer to a civil penalty under ORS 653.256.
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