(1)(a) "Employee" means an individual who renders personal services at a fixed rate to an employer if the employer either pays or agrees to pay for personal services or permits the individual to perform personal services.
(b) "Employee" includes, but is not limited to:
(A) An individual who is paid on a piece-rate basis or the basis of the number of operations accomplished or quantity produced or handled;
(B) Individuals paid on an hourly, salary or commission basis;
(C) Individuals for whom withholding is required under ORS 316.162 to 316.221;
(D) Home care workers as defined in ORS 410.600; and
(E) Personal support workers as defined in ORS 410.600.
(c) "Employee" does not include:
(A) An employee who receives paid sick time under federal law;
(B) An independent contractor;
(C) A participant in a work training program administered under a state or federal assistance program;
(D) A participant in a work-study program that provides students in secondary or post-secondary educational institutions with employment opportunities for financial assistance or vocational training;
(E) A railroad worker exempted under the federal Railroad Unemployment Insurance Act; and
(F) An individual employed by that individual’s parent, spouse or child.
(2)(a) "Employer" means any person that employs one or more employees working anywhere in this state, a political subdivision of the state and any county, city, district, authority, public corporation or entity, and any instrumentality of a county, city, district, authority, public corporation or entity, organized and existing under law or charter.
(b) "Employer" includes an employer located in a city with a population exceeding 500,000.
(c) "Employer" does not include the federal government.
(3)(a) "Employer located in a city with a population exceeding 500,000" includes, but is not limited to, an employer that maintains any office, store, restaurant or establishment in that city.
(b) "Employer located in a city with a population exceeding 500,000" does not include an employer that maintains only a seasonal farm stand or a trailer that is used temporarily on a construction site for office purposes only.
(4) "Family member" has the meaning given that term in ORS 659A.150.
(5)(a) "Front-load," except as provided in paragraph (b) of this subsection, means to assign and make available a certain number of hours of sick time to an employee as soon as the employee becomes eligible to use sick time and on the first day of the immediately subsequent year without regard to an accrual rate.
(b) For employees employed by an employer for less than a full year, "front-load" means to assign and make available to an employee as soon as the employee becomes eligible to use sick time a number of hours of sick time that is the pro rata percentage of the hours the employee would be entitled to for an entire year based on the number of hours the employee was actually employed by the employer for the year.
(6) "Paid sick time" means time off:
(a) That is provided to an employee by an employer that employs 10 or more employees;
(b) That may be used for the purposes specified in ORS 653.616; and
(c) That is compensated at the regular rate of pay and without reductions in benefits, including but not limited to health care benefits, that the employee earns from the employer at the time the employee uses the paid sick time.
(7) "Sick time" means time during which an employee is permitted to be absent from work for a reason authorized under ORS 653.616 without a reduction in benefits, including but not limited to health care benefits, that the employee earns from the employer.
(8) "Year" includes any consecutive 12-month period, such as a calendar year, a tax year, a fiscal year, a contract year or the 12-month period beginning on the anniversary of the date of employment of the employee. [2015 c.537 §2; 2017 c.520 §1; 2018 c.75 §26]
Structure 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 653.040 - Powers of commissioner; rules.
Section 653.045 - Records to be kept by employers; itemization of deductions from wages.
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 653.269 - Exceptions to ORS 653.268; rules.
Section 653.280 - Employer to safeguard employee’s trade equipment.
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 653.370 - 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 653.551 - Unlawful employment discrimination; civil remedies and penalties.
Section 653.553 - Short title.
Section 653.601 - Definitions for ORS 653.601 to 653.661.
Section 653.611 - 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.