• the criteria are necessary to the safe and efficient operation of the [employer's] business.
• they effectively carry out the purpose they are supposed to serve.

• whether the answer to a particular question, if used in making a decision, will have an impact on a protected group, or members of one sex (i.e., disqualify a significantly larger percentage of members of a particular group than another).
• whether the information is really needed to judge an applicant's competence or qualifications for the job in question.

• "Are you a US citizen?" Better to ask: "Do you have the legal right to work in this country?" Proof may be requested after hiring.
• "What is your age?" Better to ask: "If hired, can you give proof of age or a work permit?"
• "Are you married?" "With whom do you live?" Better to ask nothing. Minors may be asked parents' address.
• "Have you ever been arrested?" Better to ask: "Have you ever been convicted of a crime, and what are the circumstances?"

• unsolicited and unwelcome flirtations, advances or propositions
• display of sexually suggestive objects or pictures
• graphic or degrading comments about employee's appearance, dress, or anatomy
• ill-received dirty jokes and offensive gestures
• sexual or intrusive questions about employee's personal life
• explicit descriptions of the harasser's own sexual experiences
• unnecessary, unwanted physical contact such as touching, hugging, pinching, patting, kissing
• whistling, catcalls, leering
• exposing genitalia
• physical or sexual assault
• rape.

• a physical or mental impairment that substantially limits one or more of an individual's major life activities.
• a record of such impairment.
• being regarded as having such impairment.

• employer judgment
• time necessary to perform a function
• work experience of current and past employees in that position
• limited number of employees available to perform the function
• consequences of not requiring a certain function.

• the applicant's previous work history
• the applicant's qualifications for the position
• the applicant's abilities to perform the essential functions of the position with or without reasonable accommodation
• what the company has to offer as an employer
• the applicant's interest in the company.

• Have you ever had or been treated for any of the following conditions or diseases? (Followed by a checklist of various conditions and diseases.)
• Have you been treated for any conditions or diseases in the past three years?
• Have you ever been hospitalized? If so, for what condition?
• Have you ever been treated by a psychiatrist or psychologist? If so, for what condition?
• Have you ever been treated for any mental condition?
• Is there any health-related reason you may not be able to perform the job for which you are applying?
• Have you had a major illness in the last five years?
• How many days were you absent from work because of illness last year? Note: An employer may state its attendance requirement and inquire whether the applicant can satisfy that requirement.
• Do you have any physical defects that preclude you from performing certain kinds of work? If so, please describe the defects and specific work limitations.
• Do you have any disabilities or impairments that may affect your performance in the position you seek?
• Are you taking any prescribed drugs? (This inquiry is prohibited because the answer may reveal a disability).
• Have you ever been treated for drug addiction or alcoholism?
• Have you ever filed for workers' compensation insurance?

• making existing facilities readily accessible and usable to disabled persons.
• restructuring jobs, such as modifying work schedules.
• modifying equipment or devices or even acquiring new equipment or devices.
• modifying examinations, training materials or policies.
• hiring qualified readers or interpreters.
• reassigning to a vacant position.

• the facility's financial resources
• number of persons employed
• the overall size of the operation
• the impact of the expense on the business
• the type of business, its structure and functions.

1801 L St. NW
Washington, DC 20507
Phone 202-663-4900
TTY 202-663-4494
EEOC Field Office
Phone 800-669-4000
TTY 800-669-6820
Web http://eeoc.gov

800 NE Oregon St., #32, Suite 1070
Portland, OR 97232
Phone 971-673-0761, ext. 3
TDD 971-673-0766
Spanish (voicemail) 971-673-9199
Web http://www.oregon.gov/BOLI

• name in full
• address of the minor while employed and permanent address if different
• date of birth
• any written parental consent required
• any certificates of completion of training for operation of power-driven farm machinery.

• the employer has provided the minor with not less than eight hours of instruction, four hours of which must be ‘hands-on' training under the supervision of a trained adult relating to the safe and proper operation of specific equipment, and
• the employer agrees to continuously supervise the minor or check on the minor at intervals of no less than two hours.
• Riding in or on power-driven farm machinery for minors under 18 years of age:
• the employer has provided the minor with not less than two hours of safety training related to the specific machinery, which the minor will be employed to ride in or on before the minor begins work, and
• the employer agrees to continuously and closely supervise the minor while riding in or on the machinery.

• operating power-driven machinery without certification
• working in an area occupied by a bull, boar, sow with suckling pigs, cow with newborn calf, or stud horse
• felling, bucking, skidding, loading or unloading timber with butt diameter of six inches or greater
• working from a ladder or scaffold at a height of over 20 feet
• driving a bus, truck or automobile, or ride on a tractor as a passenger or helper
• working inside certain fruit, storage, manure pits or silos
• handling or applying certain agricultural chemicals
• transferring, transporting or applying anhydrous ammonia
• handling or using a blasting agent such as dynamite, black powder, blasting caps, primer cord, etc.
• working in feed mills, flour mills, grain warehouses or any workplace where power-driven machinery is used.

800 NE Oregon St., Suite 1045
Portland, OR 97232
Phone 971-673-0824
TDD 971-673-0766
Web http://oregon.gov/BOLI

Wage and Hour Division
Phone 971-673-0761, ext. 2

Wage and Hour Division
620 SW Main St, Room 423
Portland, OR 97205
Phone 503-326-3057
Fax 503-326-5951
Web http://www.wagehour.dol.gov

350 Winter St. NE
P.O. Box 14480
Salem 97309-0405
Phone 503-947-7814
Toll-free 1-800-452-0288
Email workcomp.questions@state.or.us

• Child Labor Requirements in Agriculture Under the Fair Labor Standards Act, Child Labor Bulletin No. 102.
• A Message to Young Workers About the Fair Labor Standards Act, as Amended in 1974, WH Publication 1236, 1976.
• Occupations in Agriculture Particularly Hazardous for the Employment of Children Below the Age of 16, WH Publication 1283, December 1972.
• Young Farm Workers and the Fair Labor Standards Act, WH Publication 1338, May 1971.

Workers' Compensation Division
Employer Compliance Unit: Employer Coverage
350 Winter St. NE
PO Box 14480
Salem 97309-0405
Phone 503-947-7814
Toll-free 1-800-452-0288

Agricultural Engineering, Extension Safety Specialists
Phone 541-754-4021

105 Ballard Extension Hall, Oregon State University
Corvallis, OR 97331-3608
Phone 541-737-2421
Fax 541-737-1332
Email 4-h@orst.edu
Web oregon.4h.oregonstate.edu/index_w.html

• ensure that all employees fill out section 1 of the Form I-9 at the time of hire.
• review documents establishing employee's identity and eligibility to work and complete section 2 of the Form I-9 within three business days.
• retain the Form I-9 for three years after the date the person begins work, or one year after the person's employment is terminated, whichever is later.
• make the Form I-9 available for inspection to an officer of Immigration and Customs Enforcement (ICE), the US Department of Labor (DOL), or the Office of Special Counsel (OSC).

• Form I-151 (Note: The form I-551 is still acceptable)
• Certificate of US Citizenship (List A #2)
• Certificate of Naturalization (List A #3)
• Unexpired Reentry Permit (List A #8)
• Unexpired Refugee Travel Document (List A #9).

• hiring and/or continuing to employ unauthorized workers.
• failing to comply with the law's record-keeping requirements.
• requiring the employee to self-insure for damage or loss.
• recruiting unauthorized seasonal agricultural workers outside the United States.
• engaging in a pattern or practice of knowingly hiring or continuing to employ unauthorized employees.
• engaging in fraud or false statements or otherwise misusing visas, immigration permits, and identity documents.

Office of Investigations-Worksite Enforcement Unit
511 NW Broadway
Portland, OR 97209
Phone 503-326-7487
Web http://www.uscis.gov

• Refrain from any discriminatory unlawful employment practices based on race, color, religion, sex, national origin, age, sexual orientation, physical or mental handicap, or marital status, such as
  • discharge or failure or refusal to hire.
  • discrimination on compensation, terms, conditions or privileges of employment.
  • limiting, segregating or classifying employees or applicants for employment.
  • discrimination in apprenticeship or training programs.
  • printing, or causing to be printed or published, any notice of employment which specifies a discriminatory preference.
  • discrimination against anyone who opposes discriminatory practices or assists, testifies or participates in any discrimination investigation.
  • discrimination in the sale, rental or financing of housing.
• Not require as a condition of employment or continuation of employment that an employee take a breathalyzer or lie detector test. Breathalyzer test may be administered only if employer has reasonable grounds to believe employee is under the influence of alcohol or the employee consents to such testing.
• Not subject, directly or indirectly, an employee or prospective employee to any polygraph examination, psychological stress test, genetic screening or brain wave test.
• Not blacklist employees discharged by the employer with intent of preventing employee from engaging or securing similar or other employment.

800 NE Oregon, Suite 1045
Portland, OR 97232
Phone    971-673-0824
Eugene Office
Phone    503-687-7460

• Employees who are solely engaged in hand harvest work where the work is customarily paid on a piece-rate basis in the area, are paid solely on a piece-rate basis, the workers return to their permanent homes each night (non-migrants), and each worker has worked less than 13 weeks in agriculture in the preceding calendar year.
• An employee in agriculture whose employer did not, during any calendar quarter of the preceding calendar year, use more than 500 man-days of agricultural labor.
• Any agricultural employee sixteen years old or younger employed as a hand harvest laborer
  • paid on a piece-rate basis in an operation which is customarily and generally recognized as paid for on a piece-rate basis in the region
  • employed on the same farm as his/her parent or person standing in place of his/her parents, and
  • is paid at the same piece-rate as employees over age sixteen on the same farm.
• Employees principally engaged in the range production of livestock who must be available at all hours to care for such livestock (this exemption does not include dairy workers).

• employee's name in full including any identifying name or symbol used in place of the name on any other records.
• home address (with zip code).
• date of birth if employee is less than nineteen (19) years of age.
• employee's sex, and the occupation in which employed.
• time of day and day of the week on which the employee's work week begins.
• regular hourly rate of pay and the basis on which wages are paid.
• hours worked each workday and total hours worked each week.
• total daily or weekly straight-time earnings or wages.
• total weekly premium pay for overtime hours worked.
• total additions to or deductions from wages paid each pay period.
• total wages paid each pay period.
• date of payment and the pay period covered by payment.

• have on file a statement from each exempt piece-rate employee showing the number of weeks employed in agriculture during the preceding year.
• have on file the date of birth and parent name for each exempt minor paid on a piece-rate basis.
• maintain a file showing the full name, present and permanent address, and date of birth of any minor under 18 who works when school is in session or works in a hazardous occupation.
• display the official US Department of Labor poster "Employee Rights" where employees can see it. This poster contains basic information on minimum wages.

• Taxes required by law (Social Security, Medicare and withholding tax).
• Third party deductions authorized by the employee-union dues, savings bonds, merchant accounts, insurance premiums, church and charitable organizations-so long as the employer receives no profit or benefit directly or indirectly.
• Salary advances exclusive of interest charges. Signed receipts for cash advances must be obtained and retained.
• Housing and meals, provided it does not exceed the lesser of actual costs or fair market value and meets a number of specified conditions dealing with profit and rate of return on investment. Housing facilities must be maintained for the benefit of employees, occupancy must not be mandatory, and costs cannot include depreciation when the facilities have been fully depreciated. Recent rulings by the DOL indicate that some migrant housing may have no fair rental value. If you provide and charge farm workers for housing that can only be used by migrant workers and thus has no fair rental value, this rental charge cannot reduce their wages below the current minimum wage of $5.85 per hour.

• Transportation advances. This policy applies where agricultural employers provide daily transportation to assure a sufficient number of workers. It also applies for long distance travel to arrive in Oregon if it brings the wage below the minimum. However, when the following three factors are all present, agricultural employers may deduct from workers' wages the lesser of reasonable costs or fair value of such transportation regardless of whether such deductions will decrease workers' wages below the minimum wage:
  • The workers must know the location of their work site.
  • Alternative transportation sources (i.e., personal automobile or carpool arrangements) must be readily available.
  • The workers are not required to use the employer's transportation.
• Charges for contractors' (crew leaders') services.
• Charges for tools of the trade and other materials incidental to carrying on the employer's business.

• Exemptions Applicable to Agriculture, Processing of Agricultural Commodities, and Related Subjects, Under the FLSA of 1938, as amended WH Pub. 1042, April 1974.
• Interpretative Bulletin, Part 791: Joint Employment Relationship Under the Fair Labor Standards Act, WH Pub. 1057, January, 1977.
• Wage Payments under the Fair Labor Standards Act of 1938, WH Pub. 1210 Ref., May 1974.
• Records To Be Kept by Employers Under the Fair Labor Standards Act of 1938, as amended, WH Pub. 1261, September 1984.
• Handy Reference Guide to the Fair Labor Standards Act, WH Pub. 1282, October 1978.
• Agricultural employment Under the Fair Labor Standards Act, WH Pub. 1288, August 1979.
• Employment relationships Under the Fair Labor Standards Act, WH Pub. 1297, March 1979.
• Hours Worked Under the Fair Labor Standards Act, WH Pub. 1344, March 1976.

Wage and Hour Division
620 SW Main St, Room 423
Portland, OR 97205
Phone    503-326-3057
Fax    503-326-5951
Web    http://www.wagehour.dol.gov   

• birth of a son or daughter of the employee and for care of the infant
• placement of a son or daughter with an employee for foster care
• care for son, daughter, spouse, or parent that has a serious health condition
• employee's serious health condition making it impossible to perform functions of employee's position.

• inpatient care in a hospital, hospice, or residential care facility.
• continuing treatment by a health care provider.

• restore employee to the position of employment the employee held when leave commenced or an equivalent position with equivalent benefits, pay, and other terms and conditions of employment.
• not reduce or cancel any of the employee's benefits accrued prior to the date leave commenced.
• maintain coverage of employee under any group health plan for the duration of the leave at the level and under the conditions coverage would have been provided if employee had continued employment.
• notify employees in writing that leave is designated as accruing under the Family and Medical Leave Act (FMLA).

• schedule treatment so as not to unduly disrupt employer's operations, subject to the approval of the health care provider.
• provide employer with not less than 30 days notice before leave is to begin.

Wage and Hour Division
620 SW Main St, Room 423
Portland, OR 97205
Phone    503-326-3057
Fax    503-326-5951
Web    http://www.wagehour.dol.gov

• grant an employee's request for family leave for up to 12 weeks within a one year period to care for
• a family member with a serious health condition.
• the employee's own serious health condition.
• a newborn or newly adopted or newly placed foster child.
• a sick child who requires home care.
• not fire or discipline an employee or in any way retaliate against an employee for taking family leave.
• restore the worker to the same position held by the employee regardless of whether the job has been reclassified or renamed-even if the employer hired someone else to fill in-without loss of seniority, service credits under a pension plan, or any other benefit or right that had been earned at a time before the leave started.
• restore employee to an available position that is the same as the former job in as many aspects as possible, if the employee's former position has been eliminated.

• make a reasonable effort to schedule medical treatment so as to minimize disruption of the employer's operations.
• give the employer 30 days notice before taking leave when the serious health condition is anticipated.

• an injury, disease, or condition that is chronic and/or requires inpatient or constant care
• a condition in which death is imminent or probable in the near future
• a condition that involves a period of incapacity or treatment for a condition that, if not treated, would likely result in incapacity
• a period of disability due to pregnancy or childbirth or prenatal care.

800 NE Oregon St., #1045
Portland, OR 97232
Phone    971-673-0824

• The following require a farm labor contractors license from the State of Oregon:
  • Any person who, for agreed remuneration
  • recruits, solicits, supplies, or employs workers to perform labor for another to work in reforestation or the production or harvesting of farm products.
  • recruits, solicits, supplies, or employs workers to gather evergreen boughs, yew bark, bear grass, salal or ferns from public lands for sale or market prior to processing or manufacture.
  • is employed to recruit, solicit, supply, or employ workers in reforestation or the production or harvesting of farm products.
  • supplies board or lodging in connection with the recruitment or employment of workers in agriculture or reforestation.
  • bids or submits prices on contract offer for those activities, or subcontracts with another for any of those activities is required to obtain a license from BOLI unless otherwise exempt.

• farm labor contractor, which costs $100.00
• farm and forest labor contractor, which costs $250.00.

Corporation Division
Public Service Building
255 Capitol St. NE
Salem, OR 97310
Phone 503-986-2200

• application Form WH-37 and appropriate fee.
• $10,000 Farm Labor Contractor Corporate Surety Bond for up to 20 employees, or $30,000 for 21 or more employees.
• proof of financial responsibility (If you are applying as an employee of a farm/forest labor contractor, you do not need to submit proof of financial responsibility, Certificate of Insurance for Vehicle, or Certificate of Insurance for Workers' Compensation).
• Certificate of Compliance (Form WH-87).
• Certificate of Insurance, issued by your auto insurance carrier which lists the Oregon Bureau of Labor and Industries as certificate holder and provides a 30-day cancellation notice, for all vehicles used in the operation of this business and to transport workers.
• Certificate of Workers' Compensation Insurance which lists the Oregon Bureau of Labor and Industries as certificate holder and provides a 30-day cancellation notice.
• three color passport photos, 2Ë� x 2Ë�.
• IRS tax compliance certification.
• Oregon Department of Revenue tax compliance certification.
• Oregon Employment Department Tax Compliance Certificate and sponsorship statement, if applicable.

• Form WH-510, application.
• Form FD-258, finger print.
• Form WH-512, employee application, if necessary.
• Forms WH-515 and WH-514a when the contractor intends to transport workers.
• Certificate of Vehicular Insurance for all vehicles used to transport workers.
• Certificate of Workers' Compensation Insurance.
• three color passport photos.

Corporation Division
Public Service Building
255 Capitol St. NE
Salem, OR 97310
Phone    503-986-2200

Licensing Unit
3865 Wolverine St. NE, E-1
Salem, OR 97305-1268
Phone    503-373-1463

Farm labor contracting licenses
455 Golden Gate Avenue
San Francisco, CA 94102
Phone    415-703-4854 
Wage and Hour Division
90 7th St., Suite 13-100
San Francisco, CA 94103-6714
Phone    415-625-7700

• Family business. This exemption only applies if the individual recruits solely for the family business, and only members of the immediate family engage in recruiting, soliciting, hiring, employing, or transporting migrant or seasonal agricultural workers.
• Small business. The same rules apply to this exemption as used in determining the minimum wage exemptions, i.e., currently the limit for exemption is 500 man-days of agricultural labor used during any calendar quarter of the preceding calendar year. See the "Fair Labor Standards Act (Minimum Wage)" section of this handbook.
• Common carrier. Any common carrier that would be a farm labor contractor solely because the carrier is transporting migrant and seasonal agricultural workers.
• Labor organizations. Any labor organization as defined in the Labor Management Relations Act, or as defined by state law.
• Nonprofit charitable organizations.
• Local, short-term contractors. Any person who engages in any farm labor contracting activities solely within a twenty-five mile intrastate radius of such person's permanent place of residence and not for more than thirteen weeks per year. This exemption is void if the person uses the US mail, telephone, or advertising to recruit, solicit, hire or furnish workers from more than twenty-five miles or across a state line.
• Employees of exempt employers. Any employee of an exempt employer when performing farm labor contracting activities exclusively for such person. This rule does not apply to anyone utilizing a family business or small business exemption.
• Other exemptions. Other exemptions include some custom combine operations, custom poultry operations, and seed production operations.

• A written statement of the conditions of employment (Form WH 516 or similar document containing required information below) must be provided to seasonal workers recruited through a day haul operation and to migrant workers. Any workers, including other seasonal workers, are entitled to the disclosure statement upon request. The disclosure should describe
  • place of employment.
  • wage rates (including piece-rates) to be paid.
  • crops and kinds of work.
  • period of employment.
  • transportation, housing, and any other benefits or items provided, and their costs to the worker.
  • workers' compensation and unemployment insurance.
  • whether a strike or work stoppage is in progress.
  • any commission (kickback) arrangement between the employer and any local merchant selling to employees.
• All required disclosures under the act shall be in English, or Spanish, or another language common to the migrant and seasonal agricultural worker. The US Department of Labor will make forms available in English, Spanish, Haitian, Creole, or other languages as necessary.
• Seasonal workers in processing operations are only covered under MSPA if recruited through a day haul operation. At the time of such recruitment the employer shall disclose in writing the conditions of employment listed above.

• name
• permanent address
• Social Security number
• basis on which wages are paid
• number of piecework units earned if paid on piecework basis
• number of hours worked
• total pay period earnings
• sums withheld and purpose of each withholding
• net pay.

• employer's name
• employer's address
• employer's IRS identification number.

• Vehicle safety standards and insurance requirements do not apply to the transportation of migrant and seasonal agricultural workers on a tractor, combine, harvester, picker, or similar vehicle while engaged in on-farm agricultural work.
• Vehicle safety standards and insurance requirements do not apply to an individual migrant or seasonal agricultural worker when the only other occupants of that individual's vehicle consist of his immediate family.
• Vehicle safety standards and insurance requirements do not apply to carpooling arrangements made by the workers themselves, using one of the workers' own vehicles, and the employer has no participation or direction in such arrangements.

• $100,000 per seat up to a maximum of $5,000,000 per vehicle for bodily injuries to, or death of, all persons injured or killed in any single accident
• limit for loss or damage in any one accident to property of others (excluding cargo), $50,000.

• to assure that the housing complies with any applicable federal, state, or local code pertaining to safety and health
• to obtain a preoccupancy inspection of the housing prior to occupancy
• to post the Certificate of Occupancy provided by the inspecting agency
• to post terms and conditions of occupancy.

• name and address of the employer(s) providing housing
• name and address of person in charge of the housing
• mailing address and phone number where housing occupants can be reached
• who may live in the housing
• the charge (rent) to be made for the housing
• meals to be provided and the cost to workers
• charges for utilities
• any other charges or conditions of occupancy.

• That the labor contractor holds a valid Certificate of Registration as a farm labor contractor at the time he/she is hired. A copy of an application is not sufficient.
• That the labor contractor holds a valid certificate to perform the services for which he/she is engaged, i.e., transporting, housing, etc.
• That each vehicle to be used to transport workers is certified and that the insurance on such vehicle is current.
• That each driver of a properly certified vehicle used to transport farm workers is properly registered as a farm labor contractor employee authorized to transport farm workers, possess a commercial driver's license with a passenger transport endorsement, and has a satisfactory doctor's certificate (form 415) less than three years old.

• the nature and degree of control of the workers.
• the degree of supervision, direct or indirect, of the work.
• the power to determine the pay rates or the methods of payment of the workers.
• the rights, directly or indirectly, to hire, fire, or modify the employment conditions of the workers.
• preparation of payroll and the payment of wages.

• filed a complaint with the US Department of Labor.
• brought any proceeding under the Act.
• testified or is about to testify in any proceedings.
• exercised or asserted on behalf of himself or others any rights or protection under the Act.

Wage and Hour Division
620 SW Main St, Room 423
Portland, OR 97205
Phone    503-326-3057
Fax    503-326-5951
Web    http://www.wagehour.dol.gov

• hand harvest or pruning workers who are paid at piece-rate, in a job that is traditionally paid by piece-rate in the area, who commute daily from their permanent residence to the farm on which they are employed, and have been employed in agriculture less than 13 weeks in the preceding calendar year.
• hand harvest or pruning workers who are paid at piece-rate in a job that is traditionally paid by piece-rate in the area, who are 16 years of age or under and paid the same piece-rate as workers over 16 years of age.
• workers mainly engaged in the range production of livestock (but only if they are being paid a salary that is equivalent to 40 times the minimum wage per week).
• hand harvest and pruning workers who are paid at a piece-rate, in a job that is traditionally paid by piece-rate in the area, who work on farms which used less than 500 worker-days of piece-rate labor in every calendar quarter of the preceding calendar year (piece-rate- work-day means any day when an employee-other than an immediate family member-does any hand harvest or pruning labor on a piece-rate basis for at least one hour).

• the employee voluntarily signs an authorization for deduction for any other item provided the ultimate recipient of the money is not the employer, and the deduction is recorded in employer's books.
• authorized by a collective bargaining agreement.

800 NE Oregon St., #32
Portland, OR 97232
Phone 971-673-0824
Eugene 541-686-7654
Medford 541-776-6270
Salem 503-378-3292

Business & Employment Services Programs
875 Union St. NE Room 201
Salem, OR 97311
Phone    503-947-1659
Web    www.WorkingInOregon.org

1. The employer must check its records promptly upon receipt of a SSN no-match letter to determine if the no-match was the result of a clerical error. If the letter is the result of a clerical error, the employer should correct its records, inform the relevant agencies of the error and verify that the name and number, as corrected, match the Agency's records. Immigration and Customs Enforcement (ICE) considers employers to have acted reasonably if they resolve the discrepancy with the relevant agency within 30 days of receipt of a SSN no-match letter. Employers should keep a record that such verification has occurred. If by checking its records, the employer determines the discrepancy is not due to an error in its records, it must contact the employee and request confirmation that the employee provided information is correct. If the employer, after contacting the employee, discovers its information is incorrect, the employer must correct the employee's information in its records, inform the relevant agencies of the correction and verify the corrected information with the agency's records. The employer is required to keep the date and time of verification.
2. If the employer's records are correct according to the employee, then the employer must inform the employee of the date it received the no-match letter and direct the employee to pursue the matter him/herself with the SSA and to return with proof of correction within 90 days of the receipt of the no-match letter. Once again, ICE considers employers who take these corrective actions within 30 days of receipt of a SSN no-match letter to have acted reasonably and are within the "safe harbor" provision.

1. Require the employee section 1 of the new I-9 by the 93rd day of receipt of the SSN no-match letter. The employer must complete section 2 of the new I-9 in the same timeframe.
2. Exclude any document that was the cause of the SSN no-match letter from being used to establish employment eligibility.
3. Exclude any document without a photograph of the employee from being used to establish identity. While the requirements focus on documentation, employers are reminded not to over-document the completion of the new Form I-9s or request more information than the form requires, as that could subject them to liability for discrimination. Employers may not verify in advance the authenticity of documents presented to complete an I-9 form.

1. If a reasonable person would infer from the facts that the employee is unauthorized.
2. The employer has learned from other individuals, media reports, or any other source of information available to the employer, that the alien is unauthorized to work in the U.S.
3. The employer acts with reckless and wanton disregard for the legal consequences of permitting another individual to introduce an unauthorized alien into the employer's work force.
4. The I-9 employment eligibility form has not been properly completed, including supporting documentation.
5. A request by an alien to their employer to file an alien labor certification or an employment based immigrant visa petition;
6. Written notice from the SSA that the combination of name and SSN submitted for an employee do not match agency records; and,
7. Written notice from Department of Homeland Security (DHS) that the immigration status document, or employment authorization document presented or referenced by the employee in completing Form I-9 was assigned to another person, or that there is no agency record that the document was assigned to anyone.

1. Employers should retain all correspondence with regard to employment verification.
2. Employers should not use discriminatory methods in verifying employment eligibility or verifying employees’ identities. Employers should institute the same practices for every person hired. Resorting to “citizen only” hiring policies to avoid SSA inquiries is illegal. Immigration status or citizenship may not be inferred by a person’s accent or appearance or country of origin.
3. For a copy of the final rule and additional information, please visit www.ice.gov.
4. The above recommendations should not be construed as legal advice. Consult your attorney for legal advice to make sure the rule is being properly implemented on your operation.

Phone 800-421-7105
Web http://www.ice.gov/partners/safeharbor/index.htm

• Type of farm operation (dairy, orchard, ranch, etc.). Farm operations are categorized into National Council on Compensation Insurance (NCCI) classification codes based upon the business of the employer. In turn, the NCCI class code determines the initial risk pool or loss cost . The statewide risk (injuries) associated with each NCCI class code determines the loss costs , i.e., the higher the injury costs in each NCCI category, the higher the loss cost rate. For example, the 2008 the loss cost rate for a dairy operation is $5.44 per $100 of annual payroll; for a cattle operation/ranch, the loss cost is $14.86 per $100; $3.97 for orchard operations; and $2.45 for berry picking by hand.
• Experience modification factor (mod) reflects the injuries occurred by the individual farm operation. The mod is determined by the number of injuries and limited cost of these injuries at the individual farm, averaged over a three-year period. In other words, once an injury occurs it remains a factor in determining the farm’s premium for the next three policy years. Farm operators can significantly reduce premiums over time by implementing a well-managed worker safety program, thereby reducing the number of on-the-job injuries.

• Expense loading factor or loss cost multiplier. Each insurance carrier determines its individual costs of operational expenses, taxes, and handling injuries since only medical and wage-loss costs are included in the loss cost, and adds these expenses to the loss cost . As of 9/18/07 loss cost multipliers range from 1.06 to 1.715. Farm operators may want to shop around with various carriers to determine which has the most competitive rate.
• Exemptions. Payroll not used in calculating workers’ compensation premium includes vacation pay, bonuses the employee is unaware of in advance of payment, tips and gratuities, overtime in excess of straight time hourly rate, profit sharing pay when the payment is made under a written agreement, the value of special rewards for invention or discovery, group health plan contributions, and bonus payments which are part of a written plan to reward workers for safe working practices. Holiday pay, sick pay and bonuses which are anticipated by the employee, and those unrelated to safety bonuses, should be identified on payroll reports, but are not subject to premium. For more information contact your insurer.

• A previous injury or physical condition, if aggravated by current employment, could result in a compensable claim.
• The absence of witnesses does not prevent an injury from being compensable.
• If a worker does not follow company rules, the claim could still be compensable.
• Your insurer determines compensability.
• As employer, you are considered to have knowledge of an accident when any one of the following occurs:
  • You or your authorized representative, such as a farm manager or supervisor, see an accident and know that a worker was injured as a result of that accident.
  • The worker or someone on the worker’s behalf advises you or your representative, orally or in writing, that an on-the-job injury has occurred.
  • The worker notifies you that he or she intends to file a claim for a condition previously not considered work-related.
  • Your insurer receives a First Medical Report (Form 827) filled out by the doctor and signed by the worker.
  • The worker or his or her representative tells your insurer, orally or in writing, that an on-the-job injury has occurred.

Workers' Compensation Division
Benefits & Certifications Unit
Phone    503-947-7840
Toll-free:    1-800-452-0288
Fax    503-947-7612
Email    workcomp.questions@state.or.us
Web    http://cbs.state.or.us/wcd

Labor and Industries Building, Room 330
350 Winter Street NE
Salem, OR 97310-1321
Phone    503-378-4209
TTY    503-378-3200

350 Winter St. NE, Room 300
P.O. Box 14480
Salem OR 97309-0405
Phone    503-947-7977
Fax    503-378-3134
Email    mailacct.bad@state.or.us