Chapter 653 — Chapter 653
184 sections in this chapter.
ORS 653.005 [Repealed by 1967 c.596 §15]
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MINIMUM WAGES; EMPLOYMENT CONDITIONS; OVERTIME
ORS 653.010 Definitions for ORS 653.010 to 653.261. As used in ORS 653.010 to 653.261, unless the context requires otherwise
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(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 or donated services performed for no compensation or without expectation or contemplation of compensation as the adequ…
ORS 653.015 Statement of policy. It is declared to be the policy of the State of Oregon to establish minimum wage standards for workers at levels consistent with their health, efficiency and general well-being. [1967 c.596 §1]
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[Repealed or reserved.]
ORS 653.017 Local minimum wage requirements; preemption; exceptions. (1) As used in this section
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(a) “Local government” includes a county, city, district or other public corporation, authority or entity organized and existing under statute or city or county charter. (b) “Public employer” means a political subdivision of the State of Oregon, including counties, cities, distri…
ORS 653.020 Excluded employees. ORS 653.010 to 653.261 do not apply to any of the following employees
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(1) An individual employed in agriculture if: (a) Such individual is employed as a hand harvest or pruning laborer and is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the regio…
ORS 653.022 “Piece-rate-work-day” defined for ORS 653.020. As used in ORS 653.020 (1), “piece-rate-work-day” means any day during which an employee performs any agricultural labor on a piece-rate basis for not less than one hour. For the purposes of this section, “employee” does not include any individual
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employed by an employer in agriculture if such individual is the parent, spouse, child or other member of the employer’s immediate family. [1971 c.758 §2; 1989 c.446 §3]
ORS 653.025 Minimum wage rate; rules. (1) Except as provided in subsections (2) and (3) of this section, ORS 652.020 and the rules of the Commissioner of the Bureau of Labor and Industries issued under ORS 653.030 and 653.261, for each hour of work time that the employee is gainfully employed, no employer shall employ or agree to employ any employee at wages computed at a rate lower than
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(a) For calendar year 2003, $6.90. (b) From January 1, 2004, to June 30, 2016, a rate adjusted for inflation as calculated by the commissioner. (c) From July 1, 2016, to June 30, 2017, $9.75. (d) From July 1, 2017, to June 30, 2018, $10.25. (e) From July 1, 2018, to June 30, 2019…
ORS 653.026 “Nonurban county” defined for ORS 653.025. For purposes of ORS 653.025, “nonurban county” means any of the following counties
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(1) Baker; (2) Coos; (3) Crook; (4) Curry; (5) Douglas; (6) Gilliam; (7) Grant; (8) Harney; (9) Jefferson; (10) Klamath; (11) Lake; (12) Malheur; (13) Morrow; (14) Sherman; (15) Umatilla; (16) Union; (17) Wallowa; or (18) Wheeler. [2016 c.12 §2] Note: 653.026 was enacted into law…
ORS 653.027 Wage rate for persons under 18 years of age in agriculture. An employer who employs individuals under 18 years of age in agricultural labor and who pays such individuals by the amount of work produced or services rendered shall pay such individuals the same rate of payment for the work produced or services required as paid to individuals 18 years of age or older. [1973 c.403 §2; 1993 c.18 §130]
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[Repealed or reserved.]
ORS 653.029 [1975 c.504 §2; 1977 c.238 §2; 1979 c.832 §2; 1985 c.161 §2; repealed by 1989 c.446 §5]
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[Repealed or reserved.]
ORS 653.030 Commissioner may prescribe lower rates in certain cases; rules. The Commissioner of the Bureau of Labor and Industries shall issue rules prescribing the employment of other types of persons at fixed minimum hourly wage rates lower than the minimum wage rate required by ORS 653.025, when the commissioner has determined that the application of ORS 653.025 would substantially curtail opportunities for employment for specific types of persons. The types of persons for whom a minimum hourly wage rate may be set are limited to persons who are student-learners, as defined in ORS 653.070. [1967 c.596 §5 (1); 1973 c.403 §4; 1979 c.886 §2; 1981 c.850 §1; 1985 c.99 §3; 2007 c.70 §282; 2019 c.371 §3]
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[Repealed or reserved.]
ORS 653.033 Schedule to increase certain subminimum wage rates for individuals with disabilities. (1) An employer who is authorized to employ individuals with disabilities at subminimum wage pursuant to a special certificate issued under 29 U.S.C. 214(c) or in accordance with rules under ORS 653.030 or of the Department of Human Services may not employ or agree to employ individuals with disabilities at an hourly rate lower than
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(a) From July 1, 2020, to June 30, 2021, $9.25. (b) From July 1, 2021, to June 30, 2022, $10.75. (c) From July 1, 2022, to June 30, 2023, $12.50. (2) After June 30, 2023, an employer who is authorized to employ individuals with disabilities at subminimum wage pursuant to a specia…
ORS 653.035 Deducting value of lodging, meals and other benefits furnished by employer; treatment of commissions and tips. (1) Employers may deduct from the minimum wage to be paid employees under ORS 653.025, 653.030 or 653.261, the fair market value of lodging, meals or other facilities or services furnished by the employer for the private benefit of the employee
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(2) Employers may include commission payments to employees as part of the applicable minimum wage for any pay period in which the combined wage and commission earnings of the employee will comply with ORS 653.010 to 653.261. In any pay period where the combined wage and commissio…
ORS 653.040 Powers of commissioner; rules. The Commissioner of the Bureau of Labor and Industries, in addition to the commissioner’s other powers, may
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(1) Investigate and ascertain the wages of persons employed in any occupation or place of employment in the state. (2) Require from an employer statements, including sworn statements, with respect to wages, hours, names and addresses and such other information pertaining to the e…
ORS 653.045 Records to be kept by employers; itemization of deductions from wages. (1) Every employer required by ORS 653.025 or by any rule, order or permit issued under ORS 653.030 to pay a minimum wage to any of the employer’s employees shall make and keep available to the Commissioner of the Bureau of Labor and Industries for not less than two years, a record or records containing
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(a) The name, address and occupation of each of the employer’s employees. (b) The actual hours worked each week and each pay period by each employee. (c) Such other information as the commissioner prescribes by the commissioner’s rules if necessary or appropriate for the enforcem…
ORS 653.050 Employers to post summary of law and rules; Bureau of Labor and Industries to furnish summaries and copies. Every employer required by ORS 653.025 or by any rules, orders or permit issued under ORS 653.030 or 653.261 to pay a minimum wage to any of the employer’s employees shall keep summaries of ORS 653.010 to 653.261 and summaries of all rules adopted by the Commissioner of the Bureau of Labor and Industries pursuant to ORS 653.010 to 653.261 and 653.307 posted in a conspicuous and accessible place in or about the premises where the employees are employed. Employers may obtain the summaries from the website of the Bureau of Labor and Industries or upon request from the bureau, the first copy of which shall be furnished without charge. In addition, upon request, the bureau shall furnish the complete text of all rules adopted pursuant to ORS 653.010 to 653.261 and 653.307 to any employer without charge. [1967 c.596 §10; 1977 c.238 §4; 1985 c.99 §6; 2011 c.348 §4; 2013 c.296 §20]
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[Repealed or reserved.]
ORS 653.055 Liability of noncomplying employer; contrary agreements no defense; wage claims; suits to enjoin future violations; attorney fees. (1) Any employer who pays an employee less than the wages to which the employee is entitled under ORS 653.010 to 653.261 or 653.272 is liable to the employee affected
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(a) For the full amount of the wages, less any amount actually paid to the employee by the employer; and (b) For civil penalties provided in ORS 652.150. (2) Any agreement between an employee and an employer to work at less than the wage rate required by ORS 653.010 to 653.261 or…
ORS 653.060 Discharging or discriminating against employee prohibited. (1) An employer may not discharge or in any other manner discriminate against an employee because
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(a) The employee has inquired about the provisions of ORS 653.010 to 653.261 or 653.265 or has reported a violation of or filed a complaint related to ORS 653.010 to 653.261 or 653.265. (b) The employee has caused to be instituted or is about to cause to be instituted any proceed…
ORS 653.065 Application of Administrative Procedures Act. (1) All proceedings under ORS 653.010 to 653.261 shall be conducted in compliance with ORS chapter 183
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(2) All rules of the Commissioner of the Bureau of Labor and Industries under ORS 653.010 to 653.261 shall be issued in compliance with ORS chapter 183. [1967 c.596 §13; 1985 c.99 §8]
ORS 653.070 Student-learners special wage; conditions; rules; penalties. (1) As used in this section
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(a) “Bona fide professional training program” includes any professional training program approved by the Superintendent of Public Instruction pursuant to rules of the State Board of Education which provides for part-time employment training which may be scheduled for a part of th…
ORS 653.075 Legislative findings on breast-feeding. The Legislative Assembly finds that
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(1) Women with infants and toddlers are the fastest growing sector of today’s labor force, with at least 50 percent of pregnant women who are employed returning to work by the time their children are three months old. (2) The American Academy of Pediatrics recommends that every c…
ORS 653.077 Expressing milk in workplace; rules. (1) As used in this section
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(a) “Reasonable efforts” means efforts that do not impose an undue hardship on the operation of an employer’s business. (b) “Undue hardship” means significant difficulty or expense when considered in relation to the size, financial resources, nature or structure of the employer’s…
ORS 653.079 Advisory committee on expressing milk in workplace; membership; duties. (1) The Commissioner of the Bureau of Labor and Industries shall appoint an advisory committee. The advisory committee must include equal representation of members from labor and management
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(2) Upon request by a particular industry or profession, the advisory committee shall: (a) Determine when the ordinary course of the requesting industry or profession makes compliance with ORS 653.077 difficult for an employer in that industry or profession; and (b) Submit to the…
ORS 653.105 [Amended by 1953 c.123 §2; repealed by 1967 c.596 §15]
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[Repealed or reserved.]
ORS 653.110 [Repealed by 1967 c.596 §15]
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[Repealed or reserved.]
ORS 653.115 [Repealed by 1967 c.596 §15]
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[Repealed or reserved.]
ORS 653.120 [Repealed by 1967 c.596 §15]
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[Repealed or reserved.]
ORS 653.125 [Repealed by 1967 c.596 §15]
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[Repealed or reserved.]
ORS 653.205 [Amended by 1961 c.337 §1; repealed by 1967 c.596 §15]
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[Repealed or reserved.]
ORS 653.210 [Repealed by 1967 c.596 §15]
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[Repealed or reserved.]
ORS 653.215 [Repealed by 1967 c.596 §15]
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[Repealed or reserved.]
ORS 653.220 [Repealed by 1967 c.596 §15]
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[Repealed or reserved.]
ORS 653.225 [Repealed by 1967 c.596 §15]
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[Repealed or reserved.]
ORS 653.230 [Repealed by 1967 c.596 §15]
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[Repealed or reserved.]
ORS 653.235 [Repealed by 1967 c.596 §15]
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[Repealed or reserved.]
ORS 653.240 [Repealed by 1967 c.596 §15]
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[Repealed or reserved.]
ORS 653.245 [Repealed by 1967 c.596 §15]
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[Repealed or reserved.]
ORS 653.250 [Repealed by 1967 c.596 §15]
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[Repealed or reserved.]
ORS 653.255 [Repealed by 1967 c.596 §15]
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[Repealed or reserved.]
ORS 653.256 Civil penalty for general employment statute or rule violations. (1) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed $1,000 against any person that willfully violates ORS 653.025, 653.030, 653.045, 653.050, 653.060, 653.261, 653.265, 653.272, 653.557, 653.606, 653.611, 653.616, 653.621, 653.626, 653.631 or 653.636 or section 5, chapter 537, Oregon Laws 2015, or any rule adopted thereunder
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(2) In addition to any other penalty provided by law, the commissioner may assess a civil penalty not to exceed $1,000 against any person that intentionally violates ORS 653.077 or any rule adopted thereunder. (3) Civil penalties authorized by this section shall be imposed in the…
ORS 653.258 Enforcement of rules regarding meal periods and rest periods for hospital staff. (1) As used in this section
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(a)(A) “Employee” includes the following: (i) Registered nurses who provide direct care as defined in ORS 441.760; (ii) Professional staff as defined in ORS 441.760; (iii) Technical staff, as defined in ORS 441.760; and (iv) Service staff, as defined in ORS 441.760. (B) “Employee…
ORS 653.260 [Repealed by 1967 c.596 §15]
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[Repealed or reserved.]
ORS 653.261 Minimum employment conditions; overtime; rules; meal periods; exemptions; penalty. (1)(a) The Commissioner of the Bureau of Labor and Industries may adopt rules prescribing such minimum conditions of employment, excluding minimum wages, in any occupation as may be necessary for the preservation of the health of employees. The rules may include, but are not limited to, minimum meal periods and rest periods, and maximum hours of work, but not less than eight hours per day or 40 hours per workweek; however, after 40 hours of work in one workweek overtime may be paid, but in no case at a rate higher than one and one-half times the regular rate of pay of the employees when computed without benefit of commissions, overrides, spiffs and similar benefits
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(b) As used in this subsection, “workweek” means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. A workweek may begin on any day of the week and any hour of the day and need not coinci…
ORS 653.263 Overtime for persons employed by seafood processors. (1) As used in this section
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(a) “Seafood processor” means a cannery, drier or packing plant that processes seafood. (b) “Workweek” means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. A workweek may begin on any…
ORS 653.265 Overtime for persons employed in canneries, driers and packing plants; exceptions; remedies; penalties. (1) As used in this section
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(a) “Perishable product” means any product that may spoil, deteriorate or undergo other material changes that render it unsuitable for the use for which it was produced. “Perishable product” includes agricultural crops, meat and fish. (b) “Undue hardship period” means the period …
ORS 653.268 Overtime for labor directly employed by public employers; special provisions for correctional facility nursing staff. (1) Labor directly employed by any public employer as defined in ORS 243.650 shall be compensated, if budgeted funds for such purpose are available, for overtime worked in excess of 40 hours in any one week, at not less than one and one-half times the regular rate of such employment. If budgeted funds are not available for the payment of overtime, such overtime shall be allowed in compensatory time off at not less than time and a half for employment in excess of 40 hours in any one week
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(2) Nothing in this section shall prevent a labor organization under the National Labor Relations Act or ORS 243.650 to 243.809 or other employees from negotiating additional overtime pay requirements with a public employer. (3) Regardless of the availability of budgeted funds, i…
ORS 653.269 Exceptions to ORS 653.268; rules. The provisions of ORS 653.268 relating to pay for overtime shall not apply to
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(1) Labor employed in forest fire fighting. (2) Employees of any irrigation system district actually engaged in the distribution of water for irrigation or domestic use. (3) Employees of a public employer, as defined in ORS 243.650, who are employed in fire protection or law enfo…
ORS 653.270 [Repealed by 1967 c.596 §15]
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[Repealed or reserved.]
ORS 653.271 Definitions for ORS 653.271, 653.272 and 653.273. As used in this section and ORS 653.272 and 653.273
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(1) “Agricultural worker” means an individual who performs services in agriculture for an employer in exchange for an agreed remuneration or rate of pay. (2) “Agriculture” includes: (a) Farming in all its branches, including the cultivation and tillage of the soil; (b) Dairying; …
ORS 653.272 (1) Except as provided in subsection (2) of this section, an employer may not permit, require or suffer an agricultural worker to work a total number of hours in excess of
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40 hours in one workweek. (2) An employer may permit, require or suffer an agricultural worker to work more than 40 hours in one workweek if the employer compensates the agricultural worker at one and one-half times the worker’s regular rate of pay for each overtime hour or porti…