ORS Chapter 653

Chapter 653 — MinimumWages; Employment Conditions; Minors

 

2009 EDITION

 

 

MINIMUMWAGE; EMPLOYMENT CONDITIONS; MINORS

 

LABOR,EMPLOYMENT; UNLAWFUL DISCRIMINATION

 

MINIMUMWAGES; EMPLOYMENT CONDITIONS

 

653.010     Definitionsfor ORS 653.010 to 653.261

 

653.015     Statementof policy

 

653.017     Localminimum wage requirements; preemption; exceptions

 

653.020     Excludedemployees

 

653.022     “Piece-rate-work-day”defined for ORS 653.020

 

653.025     Minimumwage rate

 

653.027     Wagerate for persons under 18 years of age in agriculture

 

653.030     Commissionermay prescribe lower rates in certain cases; rules

 

653.035     Deductingvalue of lodging, meals and other benefits furnished by employer; treatment ofcommissions and tips

 

653.040     Powersof commissioner; rules

 

653.045     Recordsto be kept by employers; itemization of deductions from wages

 

653.050     Employersto post summary of law and rules; commissioner to furnish summaries and copies

 

653.055     Liabilityof noncomplying employer; contrary agreements no defense; wage claims; suits toenjoin future violations; attorney fees

 

653.060     Dischargingor discriminating against employee prohibited

 

653.065     Applicationof Administrative Procedures Act

 

653.070     Student-learnersspecial wage; conditions; rules; penalties

 

653.075     Legislativefindings on breast-feeding

 

653.077     Expressingmilk in workplace; rules

 

653.079     Advisorycommittee on expressing milk in workplace; membership; duties

 

653.256     Civilpenalty for general employment statute or rule violations

 

653.261     Minimumemployment conditions; overtime; rules; meal periods; exemptions

 

653.265     Overtimefor persons employed in canneries, driers and packing plants

 

653.268     Overtimefor labor directly employed by public employers

 

653.269     Exceptionsto ORS 653.268; rules

 

653.280     Employerto safeguard employee’s trade equipment

 

653.285     Liabilityof employer

 

653.295     Noncompetitionagreements; bonus restriction agreements; applicability of restrictions

 

653.300     Healthbenefit plan options for certain employees; limitation on cost to employer orhealth benefit plan for exercise of option

 

EMPLOYMENTOF MINORS

 

653.305     Commission’sinquiry and order on employment of minors

 

653.307     Annualemployment certificates; effect of failure by employer to comply; schooldistricts required to cooperate with commission; rules

 

653.310     Employmentcertificates on file; list of minor employees

 

653.315     Workinghours for children under 16 years of age; exceptions; mealtimes; posting noticeof hours

 

653.320     Employmentof children under 14 years; exceptions

 

653.326     Employmentof professionally trained minors allowed with permit

 

653.330     Employmentof minors in certain logging operations prohibited

 

653.335     Employmentof minors as elevator operators prohibited

 

653.340     Employmentof minors for message and delivery service

 

653.345     Legislativefindings

 

653.350     Employmentof children under 12 years for certain agricultural labor; conditions

 

653.355     Exemptionof certain employers

 

653.360     Employmentof minors in certain boating, fishing and agricultural situations

 

653.362     Exemptionof minors serving as soccer referees

 

653.365     Civilpenalty exemption for unlawful employment of minors by parents or personsstanding in place of parents

 

653.370     Civilpenalty for unlawful employment of minors

 

WAGEAND HOUR COMMISSION

 

653.505     Wageand Hour Commission; appointment; confirmation; term; vacancies

 

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