2021 Oregon Revised Statutes
Chapter 653 - Minimum Wages; Employment Conditions; Minors
Section 653.412 - Definitions.


(1) "Chain" means an establishment that is part of an affiliation of two or more establishments within the United States, each of which is owned by the same person or entity and operate under identical or substantially similar trade names or service marks, both as defined in ORS 647.005.
(2)(a) "Employee" means an employee, as defined in ORS 652.310, who is employed in a retail establishment, a hospitality establishment or a food services establishment and is engaged in providing services relating to:
(A) Retail trade, as that term is used in the 2012 North American Industry Classification System under code 44-45;
(B) Hotels and motels, as those terms are used in the 2012 North American Industry Classification System under code 721110, or casino hotels, as that term is used in the 2012 North American Industry Classification System under code 721120; or
(C) Food services, as that term is used in the 2012 North American Industry Classification System under code 722.
(b) "Employee" does not include:
(A) A salaried employee described in ORS 653.020 (3);
(B) A worker supplied to an employer by a worker leasing company, as defined in ORS 656.850; or
(C) An employee of a business that provides services to or on behalf of an employer.
(3) "Employer" means an employer, or a successor to an employer, described in ORS 653.422 (1).
(4) "Food services establishment" means the fixed point of sale location for establishments defined in the 2012 North American Industry Classification System under code 722 as food services and drinking places.
(5) "Hospitality establishment" has the meaning provided in the 2012 North American Industry Classification System under code 721110 for hotels and motels and code 721120 for casino hotels.
(6) "On-call shift" means any time that an employer requires an employee to be available to work or to contact the employer or wait to be contacted by the employer for the purpose of determining whether the employee must report to work. During the shift, on-call status applies regardless of whether the employee is located on or off the employer’s premises.
(7) "Regular rate of pay" means the regular hourly rate or hourly equivalent that an employer must pay an employee for each hour the employee works during a given work shift, including any shift differential pay. "Regular rate of pay" does not include:
(a) Tips;
(b) Bonuses or other incentive payments;
(c) Overtime, holiday pay or other premium rate; or
(d) Any additional compensation an employer is required to pay an employee under ORS 653.442 or 653.455.
(8) "Retail establishment" means the fixed point of sale location for an establishment defined in the 2012 North American Industry Classification System under codes 441110 to 453998 as a retail trade establishment.
(9) "Shift differential pay" means a pay differential meant to compensate an employee for work performed under differing conditions, such as for working at night. "Shift differential pay" does not include any additional compensation an employer is required to pay an employee under ORS 653.442 or 653.455.
(10) "Successor" means a business or enterprise that is substantially the same entity as the predecessor employer according to criteria adopted by the Bureau of Labor and Industries by rule and consistent with federal law.
(11) "Time of hire" means the period after an offer of employment and acceptance of the offer of employment and on or before the commencement of employment.
(12) "Work schedule" means the hours, days and times, including regular work shifts and on-call shifts, when an employee is required by an employer to perform duties of employment for which the employee will receive compensation.
(13) "Work shift" means the specific and consecutive hours the employer requires the employee to work.
(14) "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. A workweek may begin on any day of the week and any hour of the day and need not coincide with a calendar week. The beginning of a workweek may be changed if the change is intended to be permanent.
(15) "Writing" or "written" means a printed or printable communication in physical or electronic format including a communication that is transmitted through electronic mail, text message or a computer system or is otherwise sent and stored electronically.
(16) "Year" means any fixed, consecutive 12-month period of time. [2017 c.691 §2]
Note: 653.412 to 653.485 were added to and made a part of ORS chapter 653 by legislative action but were 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.