653.510 Chairpersonof commission; quorum; compensation and expenses
653.515 Commissioneras secretary; personnel and expenses
653.520 Dutiesof commission generally
653.525 Rulesof commission
653.530 Meetingsand hearings; authority of commission; rules; witness fees
653.535 Investigatingcompliance with orders; prosecution for violation
653.540 Assistanceto commission
653.545 Visitationrights of commission; prosecution of offenses against child labor laws
PENALTIES
653.991 Penalties
653.005 [Repealed by1967 c.596 §15]
MINIMUMWAGES; EMPLOYMENT CONDITIONS
653.010Definitions for ORS 653.010 to 653.261. As used in ORS 653.010 to 653.261,unless the context requires otherwise:
(1)“Commissioner” means the Commissioner of the Bureau of Labor and Industries.
(2)“Employ” includes to suffer or permit to work but does not include voluntary ordonated services performed for no compensation or without expectation or contemplationof compensation as the adequate consideration for the services performed for apublic employer referred to in subsection (3) of this section, or a religious,charitable, educational, public service or similar nonprofit corporation,organization or institution for community service, religious or humanitarianreasons or for services performed by general or public assistance recipients aspart of any work training program administered under the state or federalassistance laws.
(3)“Employer” means any person who employs another person including the State ofOregon or a political subdivision thereof or any county, city, district,authority, public corporation or entity and any of their instrumentalitiesorganized and existing under law or charter.
(4)“Minor” means any person under 18 years of age.
(5)“Occupation” means any occupation, service, trade, business, industry, orbranch or group of industries or employment or class of employment in whichemployees are gainfully employed.
(6)“Organized camp” means a day or resident camp, whether or not operated forprofit, established to give campers recreational, creative, religious oreducational experience in cooperative group living wherein the activities areconducted on a closely supervised basis, whether or not the camp is usedprimarily by an organized group or by members of the public and whether or notthe activities or facilities are furnished free of charge or for the payment ofa fee.
(7)“Outside salesperson” means any employee who is employed for the purpose of andwho is customarily and regularly engaged away from the employer’s place orplaces of business in making sales, or obtaining orders, or obtaining contractsfor services and whose hours of work of any other nature for the employer donot exceed 30 percent of the hours worked in the workweek by the nonexemptemployees of the employer.
(8)“Piece-rate” means a rate of pay calculated on the basis of the quantity of thecrop harvested.
(9)“Salary” means no less than the wage set pursuant to ORS 653.025, multiplied by2,080 hours per year, then divided by 12 months.
(10)“Wages” means compensation due to an employee by reason of employment, payablein legal tender of the United States or check on banks convertible into cash ondemand at full face value, subject to such deductions, charges or allowances asare permitted in ORS 653.035.
(11)“Work time” includes both time worked and time of authorized attendance. [1967c.596 §2; 1979 c.153 §2; 1983 c.274 §1; 1985 c.99 §1; 1985 c.170 §1; 1989 c.446§1; 1991 c.829 §2; 1993 c.739 §24; 2003 c.14 §398]
653.015Statement of policy.It is declared to be the policy of the State of Oregon to establish minimumwage standards for workers at levels consistent with their health, efficiencyand general well-being. [1967 c.596 §1]
653.017Local minimum wage requirements; preemption; exceptions. (1) As used inthis section:
(a)“Local government” includes a county, city, district or other publiccorporation, authority or entity organized and existing under statute or cityor county charter.
(b)“Public employer” means a political subdivision of the State of Oregon,including counties, cities, districts, as defined in ORS 198.010 and 198.180,and public and quasi-public corporations.
(2)Except as provided in subsection (3) of this section, the State of Oregonpreempts all charter and statutory authority of local governments to set anyminimum wage requirements.
(3)A local government may set minimum wage requirements:
(a)For public employers;
(b)In specifications for public contracts entered into by the local government;and
(c)As a condition of the local government providing direct tax abatements orsubsidies for private employers with 10 or more employees. [2001 c.967 §1]
Note: 653.017 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 653 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.
653.020Excluded employees.ORS 653.010 to 653.261 do not apply to any of the following employees:
(1)An individual employed in agriculture if:
(a)Such individual is employed as a hand harvest or pruning laborer and is paid ona piece-rate basis in an operation which has been, and is customarily andgenerally recognized as having been paid, on a piece-rate basis in the regionof employment and is employed by an employer who did not, during any calendarquarter during the preceding year use more than 500 piece-rate-work-days ofagricultural labor;
(b)Such individual is the parent, spouse, child or other member of the employer’simmediate family;
(c)Such individual:
(A)Is employed as a hand harvest or pruning laborer and is paid on a piece-ratebasis in an operation which has been, and is customarily and generallyrecognized as having been, paid on a piece-rate basis in the region ofemployment;
(B)Commutes daily from a permanent residence to the farm on which the individualis so employed; and
(C)Has been employed in agricultural labor less than 13 weeks during the precedingcalendar year;
(d)Such individual, other than an individual described in paragraph (c) of thissubsection:
(A)Is 16 years of age or under and is employed as a hand harvest laborer, is paidon a piece-rate basis in an operation which has been, and is customarily andgenerally recognized as having been, paid on a piece-rate basis in the regionof employment; and
(B)Is paid at the same piece-rate as employees over 16 years of age on the samefarm; or
(e)Such employee is principally engaged in the range production of livestock andearns a salary and is paid on a salary basis.
(2)An individual employed in domestic service on a casual basis in or about afamily home.
(3)An individual engaged in administrative, executive or professional work who:
(a)Performs predominantly intellectual, managerial or creative tasks;
(b)Exercises discretion and independent judgment; and
(c)Earns a salary and is paid on a salary basis.
(4)An individual employed by the United States.
(5)An individual who is employed by an institution whose function is primary orsecondary education, and in which the individual is an enrolled student.
(6)An individual engaged in the capacity of an outside salesperson or taxicaboperator.
(7)An individual domiciled at a place of employment for the purpose of beingavailable for emergency or occasional duties for time other than that spentperforming these duties, provided that when the individual performs emergencyor occasional duties, the individual must be paid no less than the wagespecified in ORS 653.025.
(8)An individual paid for specified hours of employment, the only purpose of whichis to be available for recall to duty.
(9)An individual domiciled at multiunit accommodations designed to provide otherpeople with temporary or permanent lodging, for the purpose of maintenance,management or assisting in the management of same.
(10)An individual employed on a seasonal basis at:
(a)An organized camp operated for profit that generates gross annual income ofless than $500,000; or
(b)A nonprofit organized camp.
(11)An individual employed at a nonprofit conference ground or center operated foreducational, charitable or religious purposes.
(12)An individual who performs services as a volunteer firefighter, as defined inORS 652.050.
(13)An individual who performs child care services in the home of the individual orin the home of the child.
(14)An individual employed in domestic service employment in or about a family hometo provide companionship services for individuals who, because of age orinfirmity, are unable to care for themselves.
(15)An individual who performs service as a caddy at a golf course in anestablished program for the training and supervision of caddies under thedirection of a person who is an employee of the golf course.
(16)An individual employed as a resident manager by an adult foster home that islicensed pursuant to ORS 443.705 to 443.825 and who is domiciled at the adultfoster home.
(17)An individual residing in a mobile home park or manufactured dwelling parkdesigned to provide other people with temporary or permanent lodging, for thepurpose of maintenance, management or in assisting in the management of same.
(18)An individual who volunteers as a campground host and who resides in acampground owned by a public agency that provides temporary accommodations fortravelers, whether under public or private management, and who providesinformation and emergency assistance.
(19)An individual who:
(a)Is registered with the National Ski Patrol or a similar nonprofit ski patrolorganization as a nonprofessional ski patroller and who receives no wage otherthan passes authorizing access to and use of a ski area, as defined in ORS30.970, for performing ski patrol services, including but not limited toservices related to preserving the safety of and providing information toskiers or snowboarders; or
(b)Receives no wage other than passes authorizing access to and use of a ski area,as defined in ORS 30.970, fo
653.510 Chairpersonof commission; quorum; compensation and expenses
653.515 Commissioneras secretary; personnel and expenses
653.520 Dutiesof commission generally
653.525 Rulesof commission
653.530 Meetingsand hearings; authority of commission; rules; witness fees
653.535 Investigatingcompliance with orders; prosecution for violation
653.540 Assistanceto commission
653.545 Visitationrights of commission; prosecution of offenses against child labor laws
PENALTIES
653.991 Penalties
653.005 [Repealed by1967 c.596 §15]
MINIMUMWAGES; EMPLOYMENT CONDITIONS
653.010Definitions for ORS 653.010 to 653.261. As used in ORS 653.010 to 653.261,unless the context requires otherwise:
(1)“Commissioner” means the Commissioner of the Bureau of Labor and Industries.
(2)“Employ” includes to suffer or permit to work but does not include voluntary ordonated services performed for no compensation or without expectation or contemplationof compensation as the adequate consideration for the services performed for apublic employer referred to in subsection (3) of this section, or a religious,charitable, educational, public service or similar nonprofit corporation,organization or institution for community service, religious or humanitarianreasons or for services performed by general or public assistance recipients aspart of any work training program administered under the state or federalassistance laws.
(3)“Employer” means any person who employs another person including the State ofOregon or a political subdivision thereof or any county, city, district,authority, public corporation or entity and any of their instrumentalitiesorganized and existing under law or charter.
(4)“Minor” means any person under 18 years of age.
(5)“Occupation” means any occupation, service, trade, business, industry, orbranch or group of industries or employment or class of employment in whichemployees are gainfully employed.
(6)“Organized camp” means a day or resident camp, whether or not operated forprofit, established to give campers recreational, creative, religious oreducational experience in cooperative group living wherein the activities areconducted on a closely supervised basis, whether or not the camp is usedprimarily by an organized group or by members of the public and whether or notthe activities or facilities are furnished free of charge or for the payment ofa fee.
(7)“Outside salesperson” means any employee who is employed for the purpose of andwho is customarily and regularly engaged away from the employer’s place orplaces of business in making sales, or obtaining orders, or obtaining contractsfor services and whose hours of work of any other nature for the employer donot exceed 30 percent of the hours worked in the workweek by the nonexemptemployees of the employer.
(8)“Piece-rate” means a rate of pay calculated on the basis of the quantity of thecrop harvested.
(9)“Salary” means no less than the wage set pursuant to ORS 653.025, multiplied by2,080 hours per year, then divided by 12 months.
(10)“Wages” means compensation due to an employee by reason of employment, payablein legal tender of the United States or check on banks convertible into cash ondemand at full face value, subject to such deductions, charges or allowances asare permitted in ORS 653.035.
(11)“Work time” includes both time worked and time of authorized attendance. [1967c.596 §2; 1979 c.153 §2; 1983 c.274 §1; 1985 c.99 §1; 1985 c.170 §1; 1989 c.446§1; 1991 c.829 §2; 1993 c.739 §24; 2003 c.14 §398]
653.015Statement of policy.It is declared to be the policy of the State of Oregon to establish minimumwage standards for workers at levels consistent with their health, efficiencyand general well-being. [1967 c.596 §1]
653.017Local minimum wage requirements; preemption; exceptions. (1) As used inthis section:
(a)“Local government” includes a county, city, district or other publiccorporation, authority or entity organized and existing under statute or cityor county charter.
(b)“Public employer” means a political subdivision of the State of Oregon,including counties, cities, districts, as defined in ORS 198.010 and 198.180,and public and quasi-public corporations.
(2)Except as provided in subsection (3) of this section, the State of Oregonpreempts all charter and statutory authority of local governments to set anyminimum wage requirements.
(3)A local government may set minimum wage requirements:
(a)For public employers;
(b)In specifications for public contracts entered into by the local government;and
(c)As a condition of the local government providing direct tax abatements orsubsidies for private employers with 10 or more employees. [2001 c.967 §1]
Note: 653.017 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 653 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.
653.020Excluded employees.ORS 653.010 to 653.261 do not apply to any of the following employees:
(1)An individual employed in agriculture if:
(a)Such individual is employed as a hand harvest or pruning laborer and is paid ona piece-rate basis in an operation which has been, and is customarily andgenerally recognized as having been paid, on a piece-rate basis in the regionof employment and is employed by an employer who did not, during any calendarquarter during the preceding year use more than 500 piece-rate-work-days ofagricultural labor;
(b)Such individual is the parent, spouse, child or other member of the employer’simmediate family;
(c)Such individual:
(A)Is employed as a hand harvest or pruning laborer and is paid on a piece-ratebasis in an operation which has been, and is customarily and generallyrecognized as having been, paid on a piece-rate basis in the region ofemployment;
(B)Commutes daily from a permanent residence to the farm on which the individualis so employed; and
(C)Has been employed in agricultural labor less than 13 weeks during the precedingcalendar year;
(d)Such individual, other than an individual described in paragraph (c) of thissubsection:
(A)Is 16 years of age or under and is employed as a hand harvest laborer, is paidon a piece-rate basis in an operation which has been, and is customarily andgenerally recognized as having been, paid on a piece-rate basis in the regionof employment; and
(B)Is paid at the same piece-rate as employees over 16 years of age on the samefarm; or
(e)Such employee is principally engaged in the range production of livestock andearns a salary and is paid on a salary basis.
(2)An individual employed in domestic service on a casual basis in or about afamily home.
(3)An individual engaged in administrative, executive or professional work who:
(a)Performs predominantly intellectual, managerial or creative tasks;
(b)Exercises discretion and independent judgment; and
(c)Earns a salary and is paid on a salary basis.
(4)An individual employed by the United States.
(5)An individual who is employed by an institution whose function is primary orsecondary education, and in which the individual is an enrolled student.
(6)An individual engaged in the capacity of an outside salesperson or taxicaboperator.
(7)An individual domiciled at a place of employment for the purpose of beingavailable for emergency or occasional duties for time other than that spentperforming these duties, provided that when the individual performs emergencyor occasional duties, the individual must be paid no less than the wagespecified in ORS 653.025.
(8)An individual paid for specified hours of employment, the only purpose of whichis to be available for recall to duty.
(9)An individual domiciled at multiunit accommodations designed to provide otherpeople with temporary or permanent lodging, for the purpose of maintenance,management or assisting in the management of same.
(10)An individual employed on a seasonal basis at:
(a)An organized camp operated for profit that generates gross annual income ofless than $500,000; or
(b)A nonprofit organized camp.
(11)An individual employed at a nonprofit conference ground or center operated foreducational, charitable or religious purposes.
(12)An individual who performs services as a volunteer firefighter, as defined inORS 652.050.
(13)An individual who performs child care services in the home of the individual orin the home of the child.
(14)An individual employed in domestic service employment in or about a family hometo provide companionship services for individuals who, because of age orinfirmity, are unable to care for themselves.
(15)An individual who performs service as a caddy at a golf course in anestablished program for the training and supervision of caddies under thedirection of a person who is an employee of the golf course.
(16)An individual employed as a resident manager by an adult foster home that islicensed pursuant to ORS 443.705 to 443.825 and who is domiciled at the adultfoster home.
(17)An individual residing in a mobile home park or manufactured dwelling parkdesigned to provide other people with temporary or permanent lodging, for thepurpose of maintenance, management or in assisting in the management of same.
(18)An individual who volunteers as a campground host and who resides in acampground owned by a public agency that provides temporary accommodations fortravelers, whether under public or private management, and who providesinformation and emergency assistance.
(19)An individual who:
(a)Is registered with the National Ski Patrol or a similar nonprofit ski patrolorganization as a nonprofessional ski patroller and who receives no wage otherthan passes authorizing access to and use of a ski area, as defined in ORS30.970, for performing ski patrol services, including but not limited toservices related to preserving the safety of and providing information toskiers or snowboarders; or
(b)Receives no wage other than passes authorizing access to and use of a ski area,as defined in ORS 30.970, fo
653.510 Chairpersonof commission; quorum; compensation and expenses
653.515 Commissioneras secretary; personnel and expenses
653.520 Dutiesof commission generally
653.525 Rulesof commission
653.530 Meetingsand hearings; authority of commission; rules; witness fees
653.535 Investigatingcompliance with orders; prosecution for violation
653.540 Assistanceto commission
653.545 Visitationrights of commission; prosecution of offenses against child labor laws
PENALTIES
653.991 Penalties
653.005 [Repealed by1967 c.596 §15]
MINIMUMWAGES; EMPLOYMENT CONDITIONS
653.010Definitions for ORS 653.010 to 653.261. As used in ORS 653.010 to 653.261,unless the context requires otherwise:
(1)“Commissioner” means the Commissioner of the Bureau of Labor and Industries.
(2)“Employ” includes to suffer or permit to work but does not include voluntary ordonated services performed for no compensation or without expectation or contemplationof compensation as the adequate consideration for the services performed for apublic employer referred to in subsection (3) of this section, or a religious,charitable, educational, public service or similar nonprofit corporation,organization or institution for community service, religious or humanitarianreasons or for services performed by general or public assistance recipients aspart of any work training program administered under the state or federalassistance laws.
(3)“Employer” means any person who employs another person including the State ofOregon or a political subdivision thereof or any county, city, district,authority, public corporation or entity and any of their instrumentalitiesorganized and existing under law or charter.
(4)“Minor” means any person under 18 years of age.
(5)“Occupation” means any occupation, service, trade, business, industry, orbranch or group of industries or employment or class of employment in whichemployees are gainfully employed.
(6)“Organized camp” means a day or resident camp, whether or not operated forprofit, established to give campers recreational, creative, religious oreducational experience in cooperative group living wherein the activities areconducted on a closely supervised basis, whether or not the camp is usedprimarily by an organized group or by members of the public and whether or notthe activities or facilities are furnished free of charge or for the payment ofa fee.
(7)“Outside salesperson” means any employee who is employed for the purpose of andwho is customarily and regularly engaged away from the employer’s place orplaces of business in making sales, or obtaining orders, or obtaining contractsfor services and whose hours of work of any other nature for the employer donot exceed 30 percent of the hours worked in the workweek by the nonexemptemployees of the employer.
(8)“Piece-rate” means a rate of pay calculated on the basis of the quantity of thecrop harvested.
(9)“Salary” means no less than the wage set pursuant to ORS 653.025, multiplied by2,080 hours per year, then divided by 12 months.
(10)“Wages” means compensation due to an employee by reason of employment, payablein legal tender of the United States or check on banks convertible into cash ondemand at full face value, subject to such deductions, charges or allowances asare permitted in ORS 653.035.
(11)“Work time” includes both time worked and time of authorized attendance. [1967c.596 §2; 1979 c.153 §2; 1983 c.274 §1; 1985 c.99 §1; 1985 c.170 §1; 1989 c.446§1; 1991 c.829 §2; 1993 c.739 §24; 2003 c.14 §398]
653.015Statement of policy.It is declared to be the policy of the State of Oregon to establish minimumwage standards for workers at levels consistent with their health, efficiencyand general well-being. [1967 c.596 §1]
653.017Local minimum wage requirements; preemption; exceptions. (1) As used inthis section:
(a)“Local government” includes a county, city, district or other publiccorporation, authority or entity organized and existing under statute or cityor county charter.
(b)“Public employer” means a political subdivision of the State of Oregon,including counties, cities, districts, as defined in ORS 198.010 and 198.180,and public and quasi-public corporations.
(2)Except as provided in subsection (3) of this section, the State of Oregonpreempts all charter and statutory authority of local governments to set anyminimum wage requirements.
(3)A local government may set minimum wage requirements:
(a)For public employers;
(b)In specifications for public contracts entered into by the local government;and
(c)As a condition of the local government providing direct tax abatements orsubsidies for private employers with 10 or more employees. [2001 c.967 §1]
Note: 653.017 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 653 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.
653.020Excluded employees.ORS 653.010 to 653.261 do not apply to any of the following employees:
(1)An individual employed in agriculture if:
(a)Such individual is employed as a hand harvest or pruning laborer and is paid ona piece-rate basis in an operation which has been, and is customarily andgenerally recognized as having been paid, on a piece-rate basis in the regionof employment and is employed by an employer who did not, during any calendarquarter during the preceding year use more than 500 piece-rate-work-days ofagricultural labor;
(b)Such individual is the parent, spouse, child or other member of the employer’simmediate family;
(c)Such individual:
(A)Is employed as a hand harvest or pruning laborer and is paid on a piece-ratebasis in an operation which has been, and is customarily and generallyrecognized as having been, paid on a piece-rate basis in the region ofemployment;
(B)Commutes daily from a permanent residence to the farm on which the individualis so employed; and
(C)Has been employed in agricultural labor less than 13 weeks during the precedingcalendar year;
(d)Such individual, other than an individual described in paragraph (c) of thissubsection:
(A)Is 16 years of age or under and is employed as a hand harvest laborer, is paidon a piece-rate basis in an operation which has been, and is customarily andgenerally recognized as having been, paid on a piece-rate basis in the regionof employment; and
(B)Is paid at the same piece-rate as employees over 16 years of age on the samefarm; or
(e)Such employee is principally engaged in the range production of livestock andearns a salary and is paid on a salary basis.
(2)An individual employed in domestic service on a casual basis in or about afamily home.
(3)An individual engaged in administrative, executive or professional work who:
(a)Performs predominantly intellectual, managerial or creative tasks;
(b)Exercises discretion and independent judgment; and
(c)Earns a salary and is paid on a salary basis.
(4)An individual employed by the United States.
(5)An individual who is employed by an institution whose function is primary orsecondary education, and in which the individual is an enrolled student.
(6)An individual engaged in the capacity of an outside salesperson or taxicaboperator.
(7)An individual domiciled at a place of employment for the purpose of beingavailable for emergency or occasional duties for time other than that spentperforming these duties, provided that when the individual performs emergencyor occasional duties, the individual must be paid no less than the wagespecified in ORS 653.025.
(8)An individual paid for specified hours of employment, the only purpose of whichis to be available for recall to duty.
(9)An individual domiciled at multiunit accommodations designed to provide otherpeople with temporary or permanent lodging, for the purpose of maintenance,management or assisting in the management of same.
(10)An individual employed on a seasonal basis at:
(a)An organized camp operated for profit that generates gross annual income ofless than $500,000; or
(b)A nonprofit organized camp.
(11)An individual employed at a nonprofit conference ground or center operated foreducational, charitable or religious purposes.
(12)An individual who performs services as a volunteer firefighter, as defined inORS 652.050.
(13)An individual who performs child care services in the home of the individual orin the home of the child.
(14)An individual employed in domestic service employment in or about a family hometo provide companionship services for individuals who, because of age orinfirmity, are unable to care for themselves.
(15)An individual who performs service as a caddy at a golf course in anestablished program for the training and supervision of caddies under thedirection of a person who is an employee of the golf course.
(16)An individual employed as a resident manager by an adult foster home that islicensed pursuant to ORS 443.705 to 443.825 and who is domiciled at the adultfoster home.
(17)An individual residing in a mobile home park or manufactured dwelling parkdesigned to provide other people with temporary or permanent lodging, for thepurpose of maintenance, management or in assisting in the management of same.
(18)An individual who volunteers as a campground host and who resides in acampground owned by a public agency that provides temporary accommodations fortravelers, whether under public or private management, and who providesinformation and emergency assistance.
(19)An individual who:
(a)Is registered with the National Ski Patrol or a similar nonprofit ski patrolorganization as a nonprofessional ski patroller and who receives no wage otherthan passes authorizing access to and use of a ski area, as defined in ORS30.970, for performing ski patrol services, including but not limited toservices related to preserving the safety of and providing information toskiers or snowboarders; or
(b)Receives no wage other than passes authorizing access to and use of a ski area,as defined in ORS 30.970, fo
