Chapter 653 — Chapter 653
184 sections in this chapter.
ORS 653.470 Retaliation prohibited. It is an unlawful practice for an employer to
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(1) Interfere with, restrain, deny or attempt to deny the exercise of any right protected under ORS 653.412 to 653.485; or (2) Retaliate or in any way discriminate against an individual with respect to hire or tenure or any other term or condition of employment because the indivi…
ORS 653.480 Enforcement; right of action; penalties. (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
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(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…
ORS 653.485 Legislative intent. Nothing in ORS 653.412 to 653.485 is intended to
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(1) Limit employee rights or protections otherwise provided by law; (2) Create an additional remedy for an employee if a remedy equal to or better than a remedy in ORS 653.442 or 653.455 is required by a collective bargaining agreement or other contract; or (3) Provide a cause of…
ORS 653.490 Local work schedule requirements; preemption; exceptions. (1) As used in this section
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(a) “Enact” includes but is not limited to adopt, amend, refer or pass with a delayed operative or effective date. (b) “Local government” includes a county, city, district or other public corporation, authority or entity organized and existing under statute or city or county char…
ORS 653.505 [Amended by 1967 c.596 §17; 1973 c.792 §27; repealed by 2013 c.296 §9]
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[Repealed or reserved.]
ORS 653.510 [Amended by 1961 c.337 §2; 1969 c.314 §68; 1993 c.18 §132; repealed by 2013 c.296 §9]
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[Repealed or reserved.]
ORS 653.515 [Repealed by 2013 c.296 §9]
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[Repealed or reserved.]
ORS 653.520 [Amended by 1975 c.605 §30; 2013 c.296 §10; renumbered 653.560 in 2013]
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[Repealed or reserved.]
ORS 653.525 [Amended by 1961 c.205 §2; 1993 c.18 §133; 2013 c.296 §11; renumbered 653.400 in 2017]
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[Repealed or reserved.]
ORS 653.530 [Amended by 1983 c.740 §241; 1989 c.980 §17a; 1993 c.18 §134; 2007 c.277 §2; repealed by 2013 c.296 §9]
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[Repealed or reserved.]
ORS 653.535 [Amended by 1993 c.18 §135; 2013 c.296 §12; renumbered 653.565 in 2013]
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[Repealed or reserved.]
ORS 653.540 [Amended by 1993 c.18 §136; repealed by 2013 c.296 §9]
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[Repealed or reserved.]
ORS 653.545 [Amended by 1971 c.626 §4; 1993 c.18 §136a; 1995 c.133 §3; 2013 c.296 §13; renumbered 653.403 in 2017]
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DOMESTIC WORKERS’ PROTECTION ACT
ORS 653.547 Definitions; overtime; meal and rest periods; employment conditions; rules. (1) As used in this section
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(a) “Domestic service” means services related to the care of persons in private homes or the maintenance of private homes or their premises. (b)(A) “Domestic worker” means an individual who works in the home of another person for the purpose of caring for a child, doing housekeep…
ORS 653.549 Rules. (1) The Bureau of Labor and Industries shall adopt rules necessary for the implementation and administration of ORS 653.547
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(2) Rules adopted under this section shall include, but are not limited to: (a) Meal periods, rest periods and paid personal leave for domestic workers; and (b) Uninterrupted rest periods of at least eight hours within each 24-hour period and compensation for interruptions of res…
ORS 653.551 Unlawful employment discrimination; civil remedies and penalties. (1) Except as provided in subsection (4) of this section, any violation of ORS 653.547 or rules adopted under ORS 653.549 by an employer is an unlawful employment practice
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(2) Domestic workers may file complaints alleging a violation of ORS 653.547 or of a rule adopted under ORS 653.549 with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820. The commissioner shall enforce ORS 653.547 and the rules adopted…
ORS 653.553 Short title. ORS 653.547 to 653.551 may be referred to as the Domestic Workers’ Protection Act. [2015 c.457 §4]
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Note: See note under 653.547. WAREHOUSE WORKER PROTECTIONS
ORS 653.555 Definitions for ORS 653.555 to 653.558. As used in ORS 653.555 to 653.558
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(1) “Defined time period” means any unit of time measurement equal to or less than the duration of an employee’s shift, including but not limited to hours, minutes, seconds and any fraction of those units of time. (2)(a) “Employee” means an employee who is subject to federal or s…
ORS 653.556 Notice and recordkeeping requirements for employers using quotas in warehouse distribution centers; employee rights; employer obligations. (1) An employer shall provide each employee with written documentation summarizing any quota to which the employee is subject. The documentation must include
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(a) The quantified number of tasks to be performed, or materials to be produced or handled, within a defined time period; and (b) A description of the potential consequences, including any adverse employment actions, that an employee may face as a result of the employee’s failure…
ORS 653.557 Current and former employee access to records regarding quotas and work speed data; timing; scope of request; penalties. (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
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(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 employee’s work speed data for the 90 days immediately preceding the date of the employee’s req…
ORS 653.558 Effect of collective bargaining agreement. ORS 653.556 and 653.557 do not apply to an employer who is subject to a collective bargaining agreement
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(1) Under which employees are subject to a performance evaluation metric that is subject to review and negotiation according to the terms of the agreement; and (2) That provides for rights to request records that are substantially equivalent to the rights provided under ORS 653.5…
ORS 653.559 Effect on other laws. Nothing in ORS 653.555 to 653.557 relieves an employer of the obligation to comply with any other provision of law, including the provisions of ORS chapter 652, 653 or 654. [2024 c.36 §6]
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Note: 653.559 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. ADMINISTRATION
ORS 653.560 Authority of Bureau of Labor and Industries. The Bureau of Labor and Industries shall administer, execute and carry out the provisions of ORS 653.010 to 653.565 and 653.991. [Formerly 653.520]
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[Repealed or reserved.]
ORS 653.565 Investigating compliance with rules; prosecution for violation. The Bureau of Labor and Industries shall, from time to time, investigate and ascertain whether employers are observing and complying with its rules under ORS 653.010 to 653.565 and take such steps as may be necessary to prosecute employers that are not observing or complying with its rules. [Formerly 653.535]
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[Repealed or reserved.]
ORS 653.600 [1973 c.564 §2; repealed by 1975 c.114 §1]
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SICK LEAVE
ORS 653.601 Definitions for ORS 653.601 to 653.661. As used in ORS 653.601 to 653.661
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(1)(a) “Employee” means an individual who renders personal services at a fixed rate to an employer if the employer either pays or agrees to pay for personal services or permits the individual to perform personal services. (b) “Employee” includes, but is not limited to: (A) An ind…
ORS 653.605 [1973 c.564 §1; repealed by 1975 c.114 §1]
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[Repealed or reserved.]
ORS 653.606 Employee count; paid and unpaid sick time; rules; accrual, use and carryover amounts. (1)(a) Employers that employ at least 10 employees working anywhere in this state shall implement a sick time policy that allows an employee to accrue at least one hour of paid sick time for every 30 hours the employee works or 1-1/3 hours for every 40 hours the employee works. Employers may limit the number of hours of paid sick time that employees may accrue to 40 hours per year
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(b) Employers that employ fewer than 10 employees working anywhere in this state shall implement a sick time policy that allows an employee to accrue at least one hour of unpaid sick time for every 30 hours the employee works or 1-1/3 hours for every 40 hours the employee works. …
ORS 653.610 [1973 c.564 §6; repealed by 1975 c.114 §1]
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[Repealed or reserved.]
ORS 653.611 Substantially equivalent policies. (1) An employer with a sick leave policy, paid vacation policy, paid personal time off policy or other paid time off program that is substantially equivalent to or more generous to the employee than the minimum requirements of ORS 653.601 to 653.661
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(a) Must, at a minimum, comply with the requirements of ORS 653.601 to 653.661 for the first 40 hours that the employer’s policy provides per year; and (b) Need not comply with the requirements of ORS 653.601 to 653.661 beyond the first 40 hours that the employer’s policy provide…
ORS 653.615 [1973 c.564 §3; repealed by 1975 c.114 §1]
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[Repealed or reserved.]
ORS 653.616 Allowable uses of sick time. An employee may use sick time earned under ORS 653.606
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(1) For an employee’s mental or physical illness, injury or health condition, need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition or need for preventive medical care. (2) For care of a family member with a mental or physical i…
ORS 653.620 [1973 c.564 §5; repealed by 1975 c.114 §1]
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[Repealed or reserved.]
ORS 653.621 Minimum use increments; notice to employer; rules. (1)(a) Upon request of an employee with accrued sick time available, an employer must allow the employee to use sick time. If possible, the employee shall include the anticipated duration of the sick time requested in the request
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(b) Sick time earned under ORS 653.606 shall be taken in hourly increments unless: (A) To do so would impose an undue hardship on the employer; and (B) The employer has a policy or combination of policies that allows an employee to use at least 56 hours of paid leave per year tha…
ORS 653.625 [1973 c.564 §7; repealed by 1975 c.114 §1]
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[Repealed or reserved.]
ORS 653.626 Medical verification. (1)(a) If an employee takes more than three consecutive scheduled workdays of sick time for a purpose described in ORS 653.616 (1) to (5), an employer may require the employee to provide verification from a health care provider of the need for the sick time, or certification of the need for leave for purposes of ORS 659A.272 as provided in ORS 659A.280
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(b) If the need for sick time is foreseeable and is projected to last more than three scheduled workdays and an employee is required to provide notice under ORS 653.621, the employer may require that verification or certification be provided before the sick time commences or as s…
ORS 653.630 [1973 c.564 §8; repealed by 1975 c.114 §1]
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[Repealed or reserved.]
ORS 653.631 Accrual amount records. (1) An employer shall
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(a) Provide written notification at least quarterly to each employee of the amount of accrued and unused sick time available for use by the employee. Inclusion of the amount of accrued and used sick time on the statement required under ORS 652.610 meets the requirements of this p…
ORS 653.635 [1973 c.564 §11; repealed by 1975 c.114 §1]
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[Repealed or reserved.]
ORS 653.636 Minimum requirements. ORS 653.601 to 653.661 establish minimum requirements pertaining to sick time and may not be construed to preempt, limit or otherwise affect the applicability of any employer policy, standard or collective bargaining agreement that provides for greater use of paid or unpaid sick time. [2015 c.537 §10]
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[Repealed or reserved.]
ORS 653.640 [1973 c.564 §9; repealed by 1975 c.114 §1]
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[Repealed or reserved.]
ORS 653.641 Unlawful practices. It is an unlawful practice for an employer or any other person to
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(1) Deny, interfere with, restrain or fail to pay for sick time to which an employee is entitled under ORS 653.601 to 653.661; (2) Retaliate or in any way discriminate against an employee with respect to any term or condition of employment because the employee has inquired about …
ORS 653.645 [1973 c.564 §10; repealed by 1975 c.114 §1]
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[Repealed or reserved.]
ORS 653.646 Multiemployer exception; mandate to establish sick time policy for home care workers and consumer employed personal support workers. (1) An employer signatory to a collective bargaining agreement to which the employer has agreed to contribute to a multiemployer-employee trust or benefit plan that is maintained for the benefit of the employees subject to the agreement shall be considered to have met the requirements of ORS 653.601 to 653.661 if
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(a) The terms of the agreement provide a sick leave policy or other paid time off program that is substantially equivalent to or more generous than the minimum requirements of ORS 653.601 to 653.661 for the benefit of employees: (A) Who are employed through a hiring hall or simil…
ORS 653.650 [1973 c.564 §12; repealed by 1975 c.114 §1]
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[Repealed or reserved.]
ORS 653.651 Enforcement. (1) An employee asserting a violation of ORS 653.641 (2) or (3) 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
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(2) The commissioner has the same enforcement powers with respect to the rights established under ORS 653.601 to 653.661 as are established in ORS chapters 652 and 653. [2015 c.537 §13]
ORS 653.655 [1973 c.564 §13; repealed by 1975 c.114 §1]
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[Repealed or reserved.]
ORS 653.656 Rules. The Commissioner of the Bureau of Labor and Industries
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(1) Shall enforce the provisions of ORS 653.601 to 653.661; and (2) May adopt rules necessary for the implementation and enforcement of ORS 653.601 to 653.661. [2015 c.537 §14]
ORS 653.661 Preemption. The State of Oregon preempts all charter and statutory authority of local governments as defined in ORS 174.116 to set any sick leave requirements. [2015 c.537 §15]
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[Repealed or reserved.]
ORS 653.675 [1973 c.564 §14; repealed by 1975 c.114 §1]
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[Repealed or reserved.]