(1) "Employer" means any person who in this state, directly or through an agent, engages personal services of one or more employees and includes any successor to the business of any employer, or any lessee or purchaser of any employer’s business property for the continuance of the same business, so far as such employer has not paid employees in full. "Employer" includes the State of Oregon or any political subdivision thereof or any county, city, district, authority, public corporation or entity and any of their instrumentalities organized and existing under law or charter but does not include:
(a) The United States.
(b) Trustees and assignees in bankruptcy or insolvency, and receivers, whether appointed by federal or state courts, and persons otherwise falling under the definition of employers so far as the times or amounts of their payments to employees are regulated by laws of the United States, or regulations or orders made in pursuance thereof.
(2) "Employee" means any individual who otherwise than as copartner of the employer or as an independent contractor renders personal services wholly or partly in this state to an employer who pays or agrees to pay such individual at a fixed rate, based on the time spent in the performance of such services or on the number of operations accomplished, or quantity produced or handled. However:
(a) Where services are rendered by an independent contractor, an individual shall not be an employee under this section unless the individual is a musician or supporting technical person.
(b) Where services are rendered only partly in this state, an individual shall not be an employee under this section unless the contract of employment of the employee has been entered into, or payments thereunder are ordinarily made or to be made, within this state. [Amended by 1963 c.348 §1; 1975 c.488 §1; 1985 c.100 §2; 2001 c.7 §1]
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 652 - Hours; Wages; Wage Claims; Records
Section 652.040 - Maximum working hours in mines.
Section 652.050 - Definitions for ORS 652.050 to 652.080.
Section 652.060 - Maximum working hours for firefighters.
Section 652.070 - Overtime pay for firefighters.
Section 652.120 - Establishing regular payday; pay intervals; agreement to pay wages at future date.
Section 652.145 - Payment of wages for seasonal farmworkers.
Section 652.150 - Penalty wage for failure to pay wages on termination of employment.
Section 652.195 - Liability for dishonored check for payment of wages; penalties.
Section 652.200 - Attorney fee in action for wages.
Section 652.210 - Definitions for ORS 652.210 to 652.235.
Section 652.260 - Payment to nurses providing home health or hospice services; rules.
Section 652.310 - Definitions of employer and employee.
Section 652.320 - Definitions for ORS 652.310 to 652.414.
Section 652.335 - Liability of liquor dispenser licensee for wage claims of certain individuals.
Section 652.340 - Requiring bond of employer.
Section 652.360 - Contract exempting employer from liability or penalty not valid; exceptions.
Section 652.370 - Jurisdiction of courts; proceedings in name of state.
Section 652.390 - Deduction of costs from wage claims; collection fees; assignment of wage claims.
Section 652.409 - Wage Security Fund; use.
Section 652.420 - Definitions for ORS 652.420 to 652.445.
Section 652.500 - Receiver to pay accrued wages; payment of employees; receiver’s certificates.
Section 652.520 - Form of statement of wage claim.
Section 652.530 - Serving copy of statement; report to court; order of payment.
Section 652.540 - Exception to claim; legal action on claim.
Section 652.630 - Definitions for ORS 652.630 to 652.640.
Section 652.635 - Producers to post certain terms of employment.
Section 652.640 - Itemized statement of compensation and deductions required.