Title 51, Labor and Employment; Unlawful Discrimination

(1) Violation of ORS 652.020 (5)(b) or (d) is a Class A violation. Every day’s violation is deemed a separate offense. (2) Any person, body corporate, general manager or employer who violates ORS 652.040 or causes ORS 652.040 to be violated commits a Class C misdemeanor. (3) Viol…

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 or donated services performed for no compens…

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]

(1) As used in this section: (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, inclu…

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 on a piece-rate basis in an operation which has been, and is customarily and gener…

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 employed by an employer in agric…

(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 emplo…

For purposes of ORS 653.025, “nonurban county” means any of the following counties: (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) Uni…

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 …

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 …

(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 indi…

(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. (2) Employers may include commissi…

The Commissioner of the Bureau of Labor and Industries, in addition to the commissioner’s other powers, may: (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…

(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 reco…

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 Burea…

(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: (a) For the full amount of the wages, less any amount actually paid to the employee by the employer; and (b) For…

(1) An employer may not discharge or in any other manner discriminate against an employee because: (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.…

(1) All proceedings under ORS 653.010 to 653.261 shall be conducted in compliance with ORS chapter 183. (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…

(1) As used in this section: (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 …

The Legislative Assembly finds that: (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 …

(1) As used in this section: (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 o…

(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. (2) Upon request by a particular industry or profession, the advisory committee shall: (a…

(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.…

(1) As used in this section: (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 …

(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 limi…

(1) As used in this section: (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…

(1) As used in this section: (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 hards…

(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 employm…

The provisions of ORS 653.268 relating to pay for overtime shall not apply to: (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 emplo…

As used in this section and ORS 653.272 and 653.273: (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 th…

(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: (a) For calendar years 2023 and 2024, 55 hours in one workweek. (b) For calendar years 2025 and 2026, 48 ho…

The provisions of ORS 653.272 relating to overtime compensation requirements for agricultural workers do not apply to: (1) An individual described in ORS 653.020 (1). (2) An individual employed in agriculture whose principal duties are administrative, executive or professional wo…

(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…

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 b…

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 ra…

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…

(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. (2) As used in ORS 653.285 and this section, unless the context requires otherwise: (a) “Employee” and “emp…

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 financi…

(1) A noncompetition agreement entered into between an employer and employee is void and unenforceable unless: (a)(A) The employer informs the employee in a written employment offer received by the employee at least two weeks before the first day of the employee’s employment that…

(1) As used in this section and ORS 653.298: (a) “Adverse action” means discipline, discrimination, dismissal, demotion, transfer, reassignment, supervisory reprimand, warning of possible dismissal or withholding of work, even if the action does not affect or will not affect a me…

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 med…

(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 …

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…

(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…

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 Burea…

(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 agricul…

(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. (2) Except as provide…

(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…

No person shall employ or allow: (1) Any person under the age of 18 years to act as engineer of or have charge of or operate any logging engines used in logging operations. (2) Any person under the age of 16 years to act in the capacity of giving signals to the engineer in loggin…

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.