2021 Oregon Revised Statutes
Chapter 653 - Minimum Wages; Employment Conditions; Minors
Section 653.070 - Student-learners special wage; conditions; rules; penalties.


(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 be scheduled for a part of the workday or workweek, for alternating weeks or for other limited periods during the year, supplemented by and integrated with a definitely organized plan of instruction designed to teach technical knowledge and related information given as a regular part of the student-learner’s course by an accredited school, college or university.
(b) "Student-learner" means a student who is receiving instruction in an accredited school, college or university and who is employed on a part-time basis, pursuant to a bona fide professional training program.
(2) Notwithstanding ORS 653.025, employers shall pay student-learners at least 75 percent of the minimum wage prescribed by ORS 653.025.
(3) The number of hours of employment training for a student-learner at subminimum wages, when added to the hours of school instruction, shall not exceed eight hours on any day or 40 hours in any week.
(4) The Commissioner of the Bureau of Labor and Industries may adopt rules prescribing the procedures and requirements for application and issuance of special certificates authorizing the employment of student-learners at subminimum wages. The rules shall require that the following conditions be satisfied before the issuance of such special certificates:
(a) The employment of the student-learner at subminimum wages authorized by the special certificate must be necessary to prevent curtailment of opportunities for employment.
(b) The occupation for which the student-learner is receiving preparatory training must require a sufficient degree of skill to necessitate a substantial learning period.
(c) The training must not be for the purpose of acquiring manual dexterity and high production speed in repetitive operations.
(d) The employment of a student-learner must not have the effect of displacing a worker employed in the establishment.
(e) The employment of the student-learners at subminimum wages must not tend to impair or depress the wage rates or working standards established for experienced workers for work of a like or comparable character.
(f) The occupational needs of the community or industry warrant the training of student-learners.
(g) There are no serious outstanding violations of the provisions of a student-learner certificate previously issued to the employer, or serious violations of any other provisions of law by the employer which provide reasonable grounds to conclude that the terms of the certificate would not be complied with, if issued.
(h) The issuance of such a certificate would not tend to prevent the development of apprenticeship under ORS 660.002 to 660.210 or would not impair established apprenticeship standards in the occupation or industry involved.
(i) The number of student-learners to be employed in one establishment must not be more than a small proportion of its working force.
(5) Failure to comply with subsection (2) or (3) of this section shall subject the employer to a penalty of 75 percent of the minimum wage prescribed by ORS 653.025 for each hour of work time that the student-learner is gainfully employed. The Commissioner of the Bureau of Labor and Industries shall have a cause of action against the employer for the recovery of the penalty. [1979 c.886 §5; 1981 c.850 §3; 1989 c.491 §62; 1995 c.343 §50]
Note: 653.070 was added to and made a part of ORS chapter 653 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 16 - Trade Practices, Labor and Employment

Chapter 653 - Minimum Wages; Employment Conditions; Minors

Section 653.010 - Definitions for ORS 653.010 to 653.261.

Section 653.017 - Local minimum wage requirements; preemption; exceptions.

Section 653.020 - Excluded employees.

Section 653.022 - "Piece-rate-work-day" defined for ORS 653.020.

Section 653.025 - Minimum wage rate; rules.

Section 653.026 - "Nonurban county" defined for ORS 653.025.

Section 653.033 - Schedule to increase certain subminimum wage rates for individuals with disabilities.

Section 653.035 - Deducting value of lodging, meals and other benefits furnished by employer; treatment of commissions and tips.

Section 653.040 - Powers of commissioner; rules.

Section 653.045 - Records to be kept by employers; itemization of deductions from wages.

Section 653.055 - Liability of noncomplying employer; contrary agreements no defense; wage claims; suits to enjoin future violations; attorney fees.

Section 653.060 - Discharging or discriminating against employee prohibited.

Section 653.065 - Application of Administrative Procedures Act.

Section 653.070 - Student-learners special wage; conditions; rules; penalties.

Section 653.075 - Legislative findings on breast-feeding.

Section 653.077 - Expressing milk in workplace; rules.

Section 653.079 - Advisory committee on expressing milk in workplace; membership; duties.

Section 653.256 - Civil penalty for general employment statute or rule violations.

Section 653.261 - Minimum employment conditions; overtime; rules; meal periods; exemptions; penalty.

Section 653.263 - Overtime for persons employed by seafood processors.

Section 653.265 - Overtime for persons employed in canneries, driers and packing plants; exceptions; remedies; penalties.

Section 653.268 - Overtime for labor directly employed by public employers; special provisions for correctional facility nursing staff.

Section 653.269 - Exceptions to ORS 653.268; rules.

Section 653.280 - Employer to safeguard employee’s trade equipment.

Section 653.295 - Noncompetition agreements; bonus restriction agreements; applicability of restrictions.

Section 653.300 - Health benefit plan options for certain employees; limitation on cost to employer or health benefit plan for exercise of option.

Section 653.307 - Annual employment certificates; effect of failure by employer to comply; school districts required to cooperate with bureau; rules.

Section 653.315 - Working hours for children under 16 years of age; exceptions; mealtimes; posting notice of hours.

Section 653.320 - Employment of children under 14 years; exceptions.

Section 653.326 - Employment of professionally trained minors allowed with permit.

Section 653.330 - Employment of minors in certain logging operations prohibited.

Section 653.340 - Employment of minors for message and delivery service.

Section 653.350 - Employment of children under 12 years for certain agricultural labor; conditions.

Section 653.360 - Employment of minors in certain boating, fishing and agricultural situations.

Section 653.365 - Civil penalty exemption for unlawful employment of minors by parents or persons standing in place of parents.

Section 653.370 - Civil penalty for unlawful employment of minors.

Section 653.403 - Visitation rights of bureau; prosecution of offenses against child labor laws.

Section 653.412 - Definitions.

Section 653.422 - Covered employees; integrated enterprises; rules.

Section 653.428 - Good faith estimate of work schedule.

Section 653.432 - Voluntary standby list; penalties.

Section 653.436 - Advance notice of work schedule.

Section 653.442 - Right to rest between work shifts.

Section 653.450 - Employee right to input into work schedule.

Section 653.455 - Compensation for work schedule changes; exceptions.

Section 653.460 - Notice and posting requirements.

Section 653.465 - Record retention requirements.

Section 653.470 - Retaliation prohibited.

Section 653.480 - Enforcement; right of action; penalties.

Section 653.485 - Legislative intent.

Section 653.490 - Local work schedule requirements; preemption; exceptions.

Section 653.547 - Definitions; overtime; meal and rest periods; employment conditions; rules.

Section 653.549 - Rules.

Section 653.551 - Unlawful employment discrimination; civil remedies and penalties.

Section 653.553 - Short title.

Section 653.601 - Definitions for ORS 653.601 to 653.661.

Section 653.606 - Employee count; paid and unpaid sick time; rules; accrual, use and carryover amounts.

Section 653.611 - Substantially equivalent policies.

Section 653.616 - Allowable uses of sick time.

Section 653.621 - Minimum use increments; notice to employer; rules.

Section 653.626 - Medical verification.

Section 653.631 - Accrual amount records.

Section 653.641 - Unlawful practices.

Section 653.646 - Multiemployer exception; mandate to establish sick time policy for home care workers and consumer employed personal support workers.

Section 653.651 - Enforcement.

Section 653.656 - Rules.