Chapter 653 — Chapter 653

ORS 653.273 Workers excluded from agricultural overtime compensation requirements. The provisions of ORS 653.272 relating to overtime compensation requirements for agricultural workers do not apply to

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ORS 653.274 Mandatory reporting on economic impacts of agricultural overtime compensation requirements. (1) No later than November 30, 2026, and every six years thereafter, the Employment Department, in consultation with the Bureau of Labor and Industries, the Department of Revenue and the State Department of Agriculture, shall submit a report, in the manner provided in ORS 192.245, to the interim committees of the Legislative Assembly related to agriculture, on the identified economic impacts of the overtime compensation requirements under ORS 653.272

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ORS 653.275 [Repealed by 1967 c.596 §15]

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ORS 653.276 Economic forecast to include economic and wage data relating to state agricultural economy. The division of the Oregon Department of Administrative Services that serves as the office of economic analysis shall include in the economic forecast for a biennium any available relevant economic and wage data that relates to the agricultural economy in this state as impacted by the operation of ORS 315.133 and 653.272. [2022 c.115 §6b]

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ORS 653.277 Adjustment and revision of tax credit rate amounts. Following receipt of a report required under ORS 653.274 and submitted to a regular or interim committee of the Legislative Assembly, the Legislative Assembly shall consider making adjustments to the structure of the credit allowed under ORS 315.133 and shall revise the credit rate amounts provided in ORS 315.135, if deemed appropriate by the Legislative Assembly. [2022 c.115 §12a]

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ORS 653.278 Bureau of Labor and Industries and Department of Revenue information sharing. Notwithstanding any provision of ORS 314.835 or 314.840, the Department of Revenue and the Bureau of Labor and Industries may share information necessary for the effective administration of ORS 315.133 and 653.272, for the purpose of carrying out the provisions of ORS 315.133 and 653.272, provided that the department and the bureau do not disclose personally identifiable information. [2022 c.115 §12b]

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ORS 653.280 Employer to safeguard employee’s trade equipment. (1) An employer shall take all reasonable precautions to safeguard all trade equipment that is owned by an employee and is located on premises under the employer’s control

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ORS 653.285 Liability of employer; attorney fees. If an employee’s trade equipment is damaged upon or stolen from premises under the employer’s control as a proximate cause of the employer’s failure to comply with ORS 653.280 the employee has a right to file an action against the employer, and the employer is liable, for financial settlement as is needed to repair or replace the equipment. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1975 c.488 §8; 1981 c.897 §91; 1991 c.67 §158; 1995 c.618 §112]

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ORS 653.295 Noncompetition agreements; bonus restriction agreements; applicability of restrictions. (1) A noncompetition agreement entered into between an employer and employee is void and unenforceable unless

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ORS 653.297 Prohibitions and limitations on noncompetition, nondisparagement and nondisclosure agreements involving medical licensees; exceptions. (1) As used in this section and ORS 653.298

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ORS 653.298 Prohibition of adverse actions or retaliation by management services organizations or professional medical entities against medical licensees for engaging in protected disclosures or actions related to nondisclosure or nondisparagement agreements. A management services organization or a professional medical entity may not take an adverse action against a medical licensee as retaliation for, or as a consequence of, the medical licensee’s violation of a nondisclosure agreement or nondisparagement agreement or because the medical licensee in good faith disclosed or reported information that the medical licensee believes is evidence of a violation of a federal or state law, rule or regulation to

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ORS 653.300 Health benefit plan options for certain employees; limitation on cost to employer or health benefit plan for exercise of option. (1) Each public or private employer in this state which offers its employees a health benefit plan and employs not fewer than 25 employees, and each employee benefit fund in this state with not fewer than 25 members which offers its members any form of health benefit, shall make available to and inform its employees or members of the option to enroll in at least one health maintenance organization which provides health care services in the geographic areas in which a substantial number of such employees or members reside. Where there is a prevailing collective bargaining agreement, the selection of the health maintenance organizations to be made available to the employees shall be made under the agreement

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ORS 653.305 Bureau’s inquiry into employment of minors. The Bureau of Labor and Industries may at any time inquire into wages or hours or conditions of labor of minors employed in any occupation in this state and determine suitable hours and conditions of labor for such minors. [Amended by 1967 c.596 §16; 1979 c.886 §3; 1993 c.18 §131; 2013 c.296 §21]

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ORS 653.307 Annual employment certificates; effect of failure by employer to comply; school districts required to cooperate with bureau; rules. (1) In accordance with the applicable provisions of ORS chapter 183, the Bureau of Labor and Industries shall adopt rules governing annual employment certificates required under this section. After September 9, 1995, the rules governing the total hours a minor can work may not be more restrictive than the requirements of the federal Fair Labor Standards Act (29 U.S.C. 201, et seq.), unless otherwise provided by Oregon law

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ORS 653.310 Employment certificates on file; list of minor employees. No child under 18 years of age shall be employed or permitted to work in any employment listed in ORS 653.320 (2) unless the person employing the child keeps on file and accessible to the school authorities of the district where such child resides, and to the police and the Bureau of Labor and Industries, an annual employment certificate as prescribed by the rules adopted by the bureau pursuant to ORS 653.307 and keeps a complete list of all such children employed therein. [Amended by 1971 c.626 §3; 1995 c.133 §2; 1999 c.59 §194; 2013 c.296 §23]

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ORS 653.315 Working hours for children under 16 years of age; exceptions; mealtimes; posting notice of hours. (1) A child under 16 years of age may not be employed for longer than 10 hours for any one day or more than six days in any one week. The Commissioner of the Bureau of Labor and Industries shall issue special permits for the employment of children under 16 years of age in agriculture for longer than 10 hours for any one day when the commissioner determines that such hours of work will not be detrimental to the health and safety of the children so employed

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ORS 653.320 Employment of children under 14 years; exceptions. (1) No child under the age of 14 years shall be employed in any work, or labor of any form for wages or other compensation to whomsoever payable, during the term when the public schools of the town, district or city in which the child resides are in session

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ORS 653.325 [Repealed by 1967 c.527 §3]

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ORS 653.326 Employment of professionally trained minors allowed with permit. (1) The Bureau of Labor and Industries may by special permit authorize a child under 18 years of age to engage in employment otherwise prohibited by law if the child has successfully completed professional training for such employment conducted by any school district, or training that the bureau considers equivalent thereto, and the child

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ORS 653.330 Employment of minors in certain logging operations prohibited. No person shall employ or allow

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ORS 653.335 Employment of minors as elevator operators prohibited. No person shall employ or allow any person under the age of 18 years to run, operate or have charge of, any elevator used for the purpose of carrying either persons or property

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ORS 653.340 Employment of minors for message and delivery service. (1) No person under the age of 18 years shall be employed or permitted to work as a messenger for a telegraph or messenger company or anyone engaged in such a business in the distribution, transmission or delivery of goods or messages before 5 a.m. or after 10 p.m

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ORS 653.345 Legislative findings. The Legislative Assembly finds that the crops of berry and bean growers in Oregon are imperiled by the federal law prohibiting the employment of youthful agricultural workers. Since suitable replacements for such workers are not available, the long established use of youthful berry and bean pickers must be permitted to the extent that it does not interfere with interstate commerce and federal law. The Legislative Assembly further finds that such agricultural employment is healthful, a good introduction to the work ethic and develops an understanding of the role of agriculture in society. [1975 c.422 §1]

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ORS 653.350 Employment of children under 12 years for certain agricultural labor; conditions. (1) An individual who is less than 12 years of age but not less than nine years of age may be employed to pick berries and beans in this state outside of school hours if

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ORS 653.355 Exemption of certain employers. Nothing in ORS 653.345, 653.350 and 653.355 shall apply to employers which are exempt from the child labor provisions of the federal Fair Labor Standards Act. [1975 c.422 §3]

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ORS 653.360 Employment of minors in certain boating, fishing and agricultural situations. Notwithstanding any other provision of ORS 653.305 to 653.370

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ORS 653.362 Exemption of minors serving as soccer referees. The provisions of ORS 653.305 to 653.370 do not apply to a person under 18 years of age serving as a referee or assistant referee in a youth or adult recreational soccer match. [2001 c.765 §2]

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ORS 653.365 Civil penalty exemption for unlawful employment of minors by parents or persons standing in place of parents. The provisions of ORS 653.370 do not apply when minors under 18 years of age are employed under the following circumstances

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ORS 653.370 Civil penalty for unlawful employment of minors. (1) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may impose upon any person who violates ORS 653.305 to 653.370, or any rule adopted by the Bureau of Labor and Industries under ORS 653.305 to 653.370 or 653.400, a civil penalty not to exceed $10,000 for each violation

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ORS 653.400 Rules. The Bureau of Labor and Industries may prepare, adopt and promulgate rules for the carrying into effect of this section and ORS 653.305 to 653.370, 653.560 and 653.565. [Formerly 653.525]

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ORS 653.403 Visitation rights of bureau; prosecution of offenses against child labor laws. (1) The Bureau of Labor and Industries or anyone authorized by the bureau in writing may visit any place of business to ascertain whether any minors are employed contrary to ORS 653.310, 653.315, 653.320 and 653.340 and the rules adopted by the bureau pursuant to ORS 653.307. The bureau or authorized persons shall report any cases of illegal employment to the proper school authorities and to the district attorney of the county. The bureau may require the business to produce the annual employment certificates and lists of minors employed for inspection

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ORS 653.405 [Repealed by 1971 c.626 §7]

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ORS 653.410 [Repealed by 1971 c.626 §7]

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ORS 653.412 As used in ORS 653.412 to 653.485, unless the context requires otherwise

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ORS 653.415 [Repealed by 1971 c.626 §7]

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ORS 653.420 [Repealed by 1971 c.626 §7]

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ORS 653.422 Covered employees; integrated enterprises; rules. (1) ORS 653.412 to 653.485 apply to an employee who is employed by an employer, as defined in ORS 652.310, that is also one or more of the following

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ORS 653.425 [Repealed by 1971 c.626 §7]

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ORS 653.428 Good faith estimate of work schedule. (1) An employer shall provide a new employee with a written good faith estimate of the employee’s work schedule at the time of hire. The good faith estimate

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ORS 653.430 [Repealed by 1971 c.626 §7]

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ORS 653.432 Voluntary standby list; penalties. (1) An employer may maintain a standby list of employees whom the employer will request to work additional hours to address unanticipated customer needs or unexpected employee absences if the listed employees have requested or agreed in writing to be included on the standby list and the employer notifies each employee in writing

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ORS 653.435 [Repealed by 1971 c.626 §7]

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ORS 653.436 Advance notice of work schedule. (1) An employer shall provide an employee with a work schedule in writing at least 14 calendar days before the first day of the work schedule

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ORS 653.440 [Repealed by 1971 c.626 §7]

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ORS 653.442 Right to rest between work shifts. (1) Unless the employee requests or consents to work such hours, an employer may not schedule or require an employee to work during the following rest periods

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ORS 653.445 [Amended by 1967 c.67 §23; repealed by 1971 c.626 §7]

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ORS 653.450 Employee right to input into work schedule. (1) At time of hire and during employment, an employee may identify any limitations or changes in the employee’s work schedule availability, including but not limited to child care needs. The employee may also request not to be scheduled for work shifts during certain times or at certain locations

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ORS 653.455 Compensation for work schedule changes; exceptions. (1) As used in this section

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ORS 653.460 Notice and posting requirements. (1) The Commissioner of the Bureau of Labor and Industries shall make available to employers a template of a poster giving notice of the rights described in ORS 653.412 to 653.485. The poster must be in English

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ORS 653.465 Record retention requirements. An employer shall retain records that document the employer’s compliance with ORS 653.412 to 653.485 for three years. [2017 c.691 §9]

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