Oregon Revised Statutes

Chapter 653 — Minimum Wages; Employment Conditions; Minors

184 sections

653.005 [Repealed by 1967 c.596 §15]

MINIMUM WAGES; EMPLOYMENT CONDITIONS; OVERTIME

653.010 Definitions for ORS 653.010 to 653.261

As used in ORS 653.010 to 653.261, unless the context requires otherwise: “Commissioner” means the Commissioner of the Bureau of Labor and Industries. “Employ” includes to suffer or permit to work but does not include voluntary or donated services performed for no compensation or without expectation or contemplation of compensation as the adequate consider…

653.015 Statement of policy

It is declared to be the policy of the State of Oregon to establish minimum wage standards for workers at levels consistent with their health, efficiency and general well-being.

653.017 Local minimum wage requirements; preemption; exceptions

As used in this section: “Local government” includes a county, city, district or other public corporation, authority or entity organized and existing under statute or city or county charter. “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 qu…

653.020 Excluded employees

ORS 653.010 to 653.261 do not apply to any of the following employees: An individual employed in agriculture if: Such individual is employed as a hand harvest or pruning laborer and is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment…

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

As used in ORS 653.020 (1), “piece-rate-work-day” means any day during which an employee performs any agricultural labor on a piece-rate basis for not less than one hour. For the purposes of this section, “employee” does not include any individual employed by an employer in agriculture if such individual is the parent, spouse, child or other member of the e…

653.025 Minimum wage rate; rules

Except as provided in subsections (2) and (3) of this section, ORS 652.020 and the rules of the Commissioner of the Bureau of Labor and Industries issued under ORS 653.030 and 653.261, for each hour of work time that the employee is gainfully employed, no employer shall employ or agree to employ any employee at wages computed at a rate lower than: For calen…

653.026 “Nonurban county” defined for ORS 653.025

For purposes of ORS 653.025, “nonurban county” means any of the following counties: Baker; Coos; Crook; Curry; Douglas; Gilliam; Grant; Harney; Jefferson; Klamath; Lake; Malheur; Morrow; Sherman; Umatilla; Union; Wallowa; or Wheeler. Note: 653.026 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS c…

653.027 Wage rate for persons under 18 years of age in agriculture

An employer who employs individuals under 18 years of age in agricultural labor and who pays such individuals by the amount of work produced or services rendered shall pay such individuals the same rate of payment for the work produced or services required as paid to individuals 18 years of age or older.

653.029 [1975 c.504 §2; 1977 c.238 §2; 1979 c.832 §2; 1985 c.161 §2; repealed by 1989 c.446 §5]

653.030 Commissioner may prescribe lower rates in certain cases; rules

The Commissioner of the Bureau of Labor and Industries shall issue rules prescribing the employment of other types of persons at fixed minimum hourly wage rates lower than the minimum wage rate required by ORS 653.025, when the commissioner has determined that the application of ORS 653.025 would substantially curtail opportunities for employment for specifi…

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

An employer who is authorized to employ individuals with disabilities at subminimum wage pursuant to a special certificate issued under 29 U.S.C. 214(c) or in accordance with rules under ORS 653.030 or of the Department of Human Services may not employ or agree to employ individuals with disabilities at an hourly rate lower than: From July 1, 2020, to June …

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

Employers may deduct from the minimum wage to be paid employees under ORS 653.025, 653.030 or 653.261, the fair market value of lodging, meals or other facilities or services furnished by the employer for the private benefit of the employee. Employers may include commission payments to employees as part of the applicable minimum wage for any pay period in w…

653.040 Powers of commissioner; rules

The Commissioner of the Bureau of Labor and Industries, in addition to the commissioner’s other powers, may: Investigate and ascertain the wages of persons employed in any occupation or place of employment in the state. Require from an employer statements, including sworn statements, with respect to wages, hours, names and addresses and such other informat…

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

Every employer required by ORS 653.025 or by any rule, order or permit issued under ORS 653.030 to pay a minimum wage to any of the employer’s employees shall make and keep available to the Commissioner of the Bureau of Labor and Industries for not less than two years, a record or records containing: The name, address and occupation of each of the employer’…

653.050 Employers to post summary of law and rules; Bureau of Labor and Industries to furnish summaries and copies

Every employer required by ORS 653.025 or by any rules, orders or permit issued under ORS 653.030 or 653.261 to pay a minimum wage to any of the employer’s employees shall keep summaries of ORS 653.010 to 653.261 and summaries of all rules adopted by the Commissioner of the Bureau of Labor and Industries pursuant to ORS 653.010 to 653.261 and 653.307 posted …

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

Any employer who pays an employee less than the wages to which the employee is entitled under ORS 653.010 to 653.261 or 653.272 is liable to the employee affected: For the full amount of the wages, less any amount actually paid to the employee by the employer; and For civil penalties provided in ORS 652.150. Any agreement between an employee and an employ…

653.060 Discharging or discriminating against employee prohibited

An employer may not discharge or in any other manner discriminate against an employee because: The employee has inquired about the provisions of ORS 653.010 to 653.261 or 653.265 or has reported a violation of or filed a complaint related to ORS 653.010 to 653.261 or 653.265. The employee has caused to be instituted or is about to cause to be instituted an…

653.065 Application of Administrative Procedures Act

All proceedings under ORS 653.010 to 653.261 shall be conducted in compliance with ORS chapter 183. All rules of the Commissioner of the Bureau of Labor and Industries under ORS 653.010 to 653.261 shall be issued in compliance with ORS chapter 183.

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

As used in this section: “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 …

653.075 Legislative findings on breast-feeding

The Legislative Assembly finds that: Women with infants and toddlers are the fastest growing sector of today’s labor force, with at least 50 percent of pregnant women who are employed returning to work by the time their children are three months old. The American Academy of Pediatrics recommends that every child be breast-fed for at least the first 12 mont…

653.077 Expressing milk in workplace; rules

As used in this section: “Reasonable efforts” means efforts that do not impose an undue hardship on the operation of an employer’s business. “Undue hardship” means significant difficulty or expense when considered in relation to the size, financial resources, nature or structure of the employer’s business. An employer shall provide reasonable unpaid rest …

653.079 Advisory committee on expressing milk in workplace; membership; duties

The Commissioner of the Bureau of Labor and Industries shall appoint an advisory committee. The advisory committee must include equal representation of members from labor and management. Upon request by a particular industry or profession, the advisory committee shall: Determine when the ordinary course of the requesting industry or profession makes compli…

653.105 [Amended by 1953 c.123 §2; repealed by 1967 c.596 §15]

653.110 [Repealed by 1967 c.596 §15]

653.115 [Repealed by 1967 c.596 §15]

653.120 [Repealed by 1967 c.596 §15]

653.125 [Repealed by 1967 c.596 §15]

653.205 [Amended by 1961 c.337 §1; repealed by 1967 c.596 §15]

653.210 [Repealed by 1967 c.596 §15]

653.215 [Repealed by 1967 c.596 §15]

653.220 [Repealed by 1967 c.596 §15]

653.225 [Repealed by 1967 c.596 §15]

653.230 [Repealed by 1967 c.596 §15]

653.235 [Repealed by 1967 c.596 §15]

653.240 [Repealed by 1967 c.596 §15]

653.245 [Repealed by 1967 c.596 §15]

653.250 [Repealed by 1967 c.596 §15]

653.255 [Repealed by 1967 c.596 §15]

653.256 Civil penalty for general employment statute or rule violations

In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed $1,000 against any person that willfully violates ORS 653.025, 653.030, 653.045, 653.050, 653.060, 653.261, 653.265, 653.272, 653.557, 653.606, 653.611, 653.616, 653.621, 653.626, 653.631 or 653.636 or section 5, c…

653.258 Enforcement of rules regarding meal periods and rest periods for hospital staff

As used in this section: “Employee” includes the following: Registered nurses who provide direct care as defined in ORS 441.760; Professional staff as defined in ORS 441.760; Technical staff, as defined in ORS 441.760; and Service staff, as defined in ORS 441.760. “Employee” does not include an individual described in subparagraph (A) of this paragraph…

653.260 [Repealed by 1967 c.596 §15]

653.261 Minimum employment conditions; overtime; rules; meal periods; exemptions; penalty

The Commissioner of the Bureau of Labor and Industries may adopt rules prescribing such minimum conditions of employment, excluding minimum wages, in any occupation as may be necessary for the preservation of the health of employees. The rules may include, but are not limited to, minimum meal periods and rest periods, and maximum hours of work, but not less …

653.263 Overtime for persons employed by seafood processors

As used in this section: “Seafood processor” means a cannery, drier or packing plant that processes seafood. “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 coincid…

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

As used in this section: “Perishable product” means any product that may spoil, deteriorate or undergo other material changes that render it unsuitable for the use for which it was produced. “Perishable product” includes agricultural crops, meat and fish. “Undue hardship period” means the period of time during which perishable product must be processed aft…

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

Labor directly employed by any public employer as defined in ORS 243.650 shall be compensated, if budgeted funds for such purpose are available, for overtime worked in excess of 40 hours in any one week, at not less than one and one-half times the regular rate of such employment. If budgeted funds are not available for the payment of overtime, such overtime …

653.269 Exceptions to ORS 653.268; rules

The provisions of ORS 653.268 relating to pay for overtime shall not apply to: Labor employed in forest fire fighting. Employees of any irrigation system district actually engaged in the distribution of water for irrigation or domestic use. Employees of a public employer, as defined in ORS 243.650, who are employed in fire protection or law enforcement ac…

653.270 [Repealed by 1967 c.596 §15]

653.271 Definitions for ORS 653.271, 653.272 and 653.273

As used in this section and ORS 653.272 and 653.273: “Agricultural worker” means an individual who performs services in agriculture for an employer in exchange for an agreed remuneration or rate of pay. “Agriculture” includes: Farming in all its branches, including the cultivation and tillage of the soil; Dairying; The production, cultivation, growing a…

653.272 Overtime requirements for agricultural workers; exceptions; remedies

Except as provided in subsection (2) of this section, an employer may not permit, require or suffer an agricultural worker to work a total number of hours in excess of: For calendar years 2023 and 2024, 55 hours in one workweek. For calendar years 2025 and 2026, 48 hours in one workweek. For calendar year 2027 and each year thereafter, 40 hours in one wor…

653.273 Workers excluded from agricultural overtime compensation requirements

The provisions of ORS 653.272 relating to overtime compensation requirements for agricultural workers do not apply to: An individual described in ORS 653.020 (1). An individual employed in agriculture whose principal duties are administrative, executive or professional work and who: Performs predominantly intellectual, managerial or creative tasks; Exerc…

653.274 Mandatory reporting on economic impacts of agricultural overtime compensation requirements

No later than November 30, 2026, and every six years thereafter, the Employment Department, in consultation with the Bureau of Labor and Industries, the Department of Revenue and the State Department of Agriculture, shall submit a report, in the manner provided in ORS 192.245, to the interim committees of the Legislative Assembly related to agriculture, on t…

653.275 [Repealed by 1967 c.596 §15]

653.276 Economic forecast to include economic and wage data relating to state agricultural economy

The division of the Oregon Department of Administrative Services that serves as the office of economic analysis shall include in the economic forecast for a biennium any available relevant economic and wage data that relates to the agricultural economy in this state as impacted by the operation of ORS 315.133 and 653.272. Note: 653.276 was enacted into law …

653.277 Adjustment and revision of tax credit rate amounts

Following receipt of a report required under ORS 653.274 and submitted to a regular or interim committee of the Legislative Assembly, the Legislative Assembly shall consider making adjustments to the structure of the credit allowed under ORS 315.133 and shall revise the credit rate amounts provided in ORS 315.135, if deemed appropriate by the Legislative Ass…

653.278 Bureau of Labor and Industries and Department of Revenue information sharing

Notwithstanding any provision of ORS 314.835 or 314.840, the Department of Revenue and the Bureau of Labor and Industries may share information necessary for the effective administration of ORS 315.133 and 653.272, for the purpose of carrying out the provisions of ORS 315.133 and 653.272, provided that the department and the bureau do not disclose personally…

653.280 Employer to safeguard employee’s trade equipment

An employer shall take all reasonable precautions to safeguard all trade equipment that is owned by an employee and is located on premises under the employer’s control. As used in ORS 653.285 and this section, unless the context requires otherwise: “Employee” and “employer” have the meaning provided for those terms in ORS 652.310. “Premises” means the pla…

653.285 Liability of employer; attorney fees

If an employee’s trade equipment is damaged upon or stolen from premises under the employer’s control as a proximate cause of the employer’s failure to comply with ORS 653.280 the employee has a right to file an action against the employer, and the employer is liable, for financial settlement as is needed to repair or replace the equipment. The court may awa…

653.295 Noncompetition agreements; bonus restriction agreements; applicability of restrictions

A noncompetition agreement entered into between an employer and employee is void and unenforceable unless: The employer informs the employee in a written employment offer received by the employee at least two weeks before the first day of the employee’s employment that a noncompetition agreement is required as a condition of employment; or The noncompetiti…

653.297 Prohibitions and limitations on noncompetition, nondisparagement and nondisclosure agreements involving medical licensees; exceptions

As used in this section and ORS 653.298: “Adverse action” means discipline, discrimination, dismissal, demotion, transfer, reassignment, supervisory reprimand, warning of possible dismissal or withholding of work, even if the action does not affect or will not affect a medical licensee’s compensation. “Management services organization” has the meaning give…

653.298 Prohibition of adverse actions or retaliation by management services organizations or professional medical entities against medical licensees for engaging in protected disclosures or actions related to nondisclosure or nondisparagement agreements

A management services organization or a professional medical entity may not take an adverse action against a medical licensee as retaliation for, or as a consequence of, the medical licensee’s violation of a nondisclosure agreement or nondisparagement agreement or because the medical licensee in good faith disclosed or reported information that the medical l…

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

Each public or private employer in this state which offers its employees a health benefit plan and employs not fewer than 25 employees, and each employee benefit fund in this state with not fewer than 25 members which offers its members any form of health benefit, shall make available to and inform its employees or members of the option to enroll in at least…

653.305 Bureau’s inquiry into employment of minors

The Bureau of Labor and Industries may at any time inquire into wages or hours or conditions of labor of minors employed in any occupation in this state and determine suitable hours and conditions of labor for such minors.

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

In accordance with the applicable provisions of ORS chapter 183, the Bureau of Labor and Industries shall adopt rules governing annual employment certificates required under this section. After September 9, 1995, the rules governing the total hours a minor can work may not be more restrictive than the requirements of the federal Fair Labor Standards Act (29 …

653.310 Employment certificates on file; list of minor employees

No child under 18 years of age shall be employed or permitted to work in any employment listed in ORS 653.320 (2) unless the person employing the child keeps on file and accessible to the school authorities of the district where such child resides, and to the police and the Bureau of Labor and Industries, an annual employment certificate as prescribed by the…

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

A child under 16 years of age may not be employed for longer than 10 hours for any one day or more than six days in any one week. The Commissioner of the Bureau of Labor and Industries shall issue special permits for the employment of children under 16 years of age in agriculture for longer than 10 hours for any one day when the commissioner determines that …

653.320 Employment of children under 14 years; exceptions

No child under the age of 14 years shall be employed in any work, or labor of any form for wages or other compensation to whomsoever payable, during the term when the public schools of the town, district or city in which the child resides are in session. Except as provided in subsections (3) and (4) of this section, no child under 14 years of age shall be e…

653.325 [Repealed by 1967 c.527 §3]

653.326 Employment of professionally trained minors allowed with permit

The Bureau of Labor and Industries may by special permit authorize a child under 18 years of age to engage in employment otherwise prohibited by law if the child has successfully completed professional training for such employment conducted by any school district, or training that the bureau considers equivalent thereto, and the child: Has graduated from hi…

653.330 Employment of minors in certain logging operations prohibited

No person shall employ or allow: Any person under the age of 18 years to act as engineer of or have charge of or operate any logging engines used in logging operations. Any person under the age of 16 years to act in the capacity of giving signals to the engineer in logging operations or receiving and forwarding such signals.

653.335 Employment of minors as elevator operators prohibited

No person shall employ or allow any person under the age of 18 years to run, operate or have charge of, any elevator used for the purpose of carrying either persons or property.

653.340 Employment of minors for message and delivery service

No person under the age of 18 years shall be employed or permitted to work as a messenger for a telegraph or messenger company or anyone engaged in such a business in the distribution, transmission or delivery of goods or messages before 5 a.m. or after 10 p.m. No person under the age of 16 years shall be employed or permitted to work in the telegraph, tele…

653.345 Legislative findings

The Legislative Assembly finds that the crops of berry and bean growers in Oregon are imperiled by the federal law prohibiting the employment of youthful agricultural workers. Since suitable replacements for such workers are not available, the long established use of youthful berry and bean pickers must be permitted to the extent that it does not interfere w…

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

An individual who is less than 12 years of age but not less than nine years of age may be employed to pick berries and beans in this state outside of school hours if: The individual is employed with the consent of the child’s parent or guardian; The berries and beans picked are sold within the state only and not transported out of this state in any form; …

653.355 Exemption of certain employers

Nothing in ORS 653.345, 653.350 and 653.355 shall apply to employers which are exempt from the child labor provisions of the federal Fair Labor Standards Act.

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

Notwithstanding any other provision of ORS 653.305 to 653.370: Minors 16 years of age and 17 years of age may be employed as assistants on chartered fishing or pleasure boats. Minors 14 years of age and 15 years of age may be employed at dock areas used by chartered fishing or pleasure boats. Minors less than 18 years of age may be employed on commercial …

653.362 Exemption of minors serving as soccer referees

The provisions of ORS 653.305 to 653.370 do not apply to a person under 18 years of age serving as a referee or assistant referee in a youth or adult recreational soccer match.

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

The provisions of ORS 653.370 do not apply when minors under 18 years of age are employed under the following circumstances: The minor is employed by the parent of the minor; or The minor is employed by a person standing in the place of the parent of the minor and who has custody of the minor.

653.370 Civil penalty for unlawful employment of minors

In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may impose upon any person who violates ORS 653.305 to 653.370, or any rule adopted by the Bureau of Labor and Industries under ORS 653.305 to 653.370 or 653.400, a civil penalty not to exceed $10,000 for each violation. Notwithstanding ORS 183.482, any …

653.400 Rules

The Bureau of Labor and Industries may prepare, adopt and promulgate rules for the carrying into effect of this section and ORS 653.305 to 653.370, 653.560 and 653.565.

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

The Bureau of Labor and Industries or anyone authorized by the bureau in writing may visit any place of business to ascertain whether any minors are employed contrary to ORS 653.310, 653.315, 653.320 and 653.340 and the rules adopted by the bureau pursuant to ORS 653.307. The bureau or authorized persons shall report any cases of illegal employment to the pr…

653.405 [Repealed by 1971 c.626 §7]

653.410 [Repealed by 1971 c.626 §7]

PREDICTIVE WORK SCHEDULING

653.412 Definitions

As used in ORS 653.412 to 653.485, unless the context requires otherwise: “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. …

653.415 [Repealed by 1971 c.626 §7]

653.420 [Repealed by 1971 c.626 §7]

653.422 Covered employees; integrated enterprises; rules

ORS 653.412 to 653.485 apply to an employee who is employed by an employer, as defined in ORS 652.310, that is also one or more of the following: A retail establishment that employs 500 or more employees worldwide, including but not limited to a chain or an integrated enterprise. A hospitality establishment that employs 500 or more employees worldwide, inc…

653.425 [Repealed by 1971 c.626 §7]

653.428 Good faith estimate of work schedule

An employer shall provide a new employee with a written good faith estimate of the employee’s work schedule at the time of hire. The good faith estimate: Shall state the median number of hours the employee can expect to work in an average one-month period; Shall explain the voluntary standby list described in ORS 653.432 and provide the written notice requ…

653.430 [Repealed by 1971 c.626 §7]

653.432 Voluntary standby list; penalties

An employer may maintain a standby list of employees whom the employer will request to work additional hours to address unanticipated customer needs or unexpected employee absences if the listed employees have requested or agreed in writing to be included on the standby list and the employer notifies each employee in writing: That the list is voluntary and …

653.435 [Repealed by 1971 c.626 §7]

653.436 Advance notice of work schedule

An employer shall provide an employee with a work schedule in writing at least 14 calendar days before the first day of the work schedule. The employer shall post the written work schedule in a conspicuous and accessible location, in English and in the language the employer typically uses to communicate with the employees. The employer shall provide a writ…

653.440 [Repealed by 1971 c.626 §7]

653.442 Right to rest between work shifts

Unless the employee requests or consents to work such hours, an employer may not schedule or require an employee to work during the following rest periods: The first 10 hours following the end of the previous calendar day’s work shift or on-call shift; or The first 10 hours following the end of a work shift or on-call shift that spanned two calendar days. …

653.445 [Amended by 1967 c.67 §23; repealed by 1971 c.626 §7]

653.450 Employee right to input into work schedule

At time of hire and during employment, an employee may identify any limitations or changes in the employee’s work schedule availability, including but not limited to child care needs. The employee may also request not to be scheduled for work shifts during certain times or at certain locations. An employer may require the employee to provide reasonable veri…

653.455 Compensation for work schedule changes; exceptions

As used in this section: “Group communication” means communication to all eligible employees, either written or oral. “Ticketed event” means a sporting, entertainment, civic, charitable or other event that requires a ticket for admission. The ticket may be electronic, physical or a name on a list held by the event organizer. An employer shall provide the …

653.460 Notice and posting requirements

The Commissioner of the Bureau of Labor and Industries shall make available to employers a template of a poster giving notice of the rights described in ORS 653.412 to 653.485. The poster must be in English. Employers shall display the poster at the workplace. If displaying the poster is not feasible, including situations in which the employees work remotel…

653.465 Record retention requirements

An employer shall retain records that document the employer’s compliance with ORS 653.412 to 653.485 for three years. Note: See second note under 653.412.

653.470 Retaliation prohibited

It is an unlawful practice for an employer to: Interfere with, restrain, deny or attempt to deny the exercise of any right protected under ORS 653.412 to 653.485; or Retaliate or in any way discriminate against an individual with respect to hire or tenure or any other term or condition of employment because the individual has inquired about the provisions …

653.480 Enforcement; right of action; penalties

An employee asserting a violation of ORS 653.470 may file a complaint with the Commissioner of the Bureau of Labor and Industries under ORS 659A.820 or a civil action as provided in ORS 659A.885. The commissioner has the same enforcement powers with respect to the rights established under this section and ORS 653.422, 653.432, 653.436, 653.442, 653.450, 653…

653.485 Legislative intent

Nothing in ORS 653.412 to 653.485 is intended to: Limit employee rights or protections otherwise provided by law; Create an additional remedy for an employee if a remedy equal to or better than a remedy in ORS 653.442 or 653.455 is required by a collective bargaining agreement or other contract; or Provide a cause of action to an employee for work schedul…

653.490 Local work schedule requirements; preemption; exceptions

As used in this section: “Enact” includes but is not limited to adopt, amend, refer or pass with a delayed operative or effective date. “Local government” includes a county, city, district or other public corporation, authority or entity organized and existing under statute or city or county charter. “Work schedule” means the days and times during which a…

653.505 [Amended by 1967 c.596 §17; 1973 c.792 §27; repealed by 2013 c.296 §9]

653.510 [Amended by 1961 c.337 §2; 1969 c.314 §68; 1993 c.18 §132; repealed by 2013 c.296 §9]

653.515 [Repealed by 2013 c.296 §9]

653.520 [Amended by 1975 c.605 §30; 2013 c.296 §10; renumbered 653.560 in 2013]

653.525 [Amended by 1961 c.205 §2; 1993 c.18 §133; 2013 c.296 §11; renumbered 653.400 in 2017]

653.530 [Amended by 1983 c.740 §241; 1989 c.980 §17a; 1993 c.18 §134; 2007 c.277 §2; repealed by 2013 c.296 §9]

653.535 [Amended by 1993 c.18 §135; 2013 c.296 §12; renumbered 653.565 in 2013]

653.540 [Amended by 1993 c.18 §136; repealed by 2013 c.296 §9]

653.545 [Amended by 1971 c.626 §4; 1993 c.18 §136a; 1995 c.133 §3; 2013 c.296 §13; renumbered 653.403 in 2017]

DOMESTIC WORKERS’ PROTECTION ACT

653.547 Definitions; overtime; meal and rest periods; employment conditions; rules

As used in this section: “Domestic service” means services related to the care of persons in private homes or the maintenance of private homes or their premises. “Domestic worker” means an individual who works in the home of another person for the purpose of caring for a child, doing housekeeping or providing other domestic service and who is not compensat…

653.549 Rules

The Bureau of Labor and Industries shall adopt rules necessary for the implementation and administration of ORS 653.547. Rules adopted under this section shall include, but are not limited to: Meal periods, rest periods and paid personal leave for domestic workers; and Uninterrupted rest periods of at least eight hours within each 24-hour period and compe…

653.551 Unlawful employment discrimination; civil remedies and penalties

Except as provided in subsection (4) of this section, any violation of ORS 653.547 or rules adopted under ORS 653.549 by an employer is an unlawful employment practice. Domestic workers may file complaints alleging a violation of ORS 653.547 or of a rule adopted under ORS 653.549 with the Commissioner of the Bureau of Labor and Industries in the manner prov…

653.553 Short title

ORS 653.547 to 653.551 may be referred to as the Domestic Workers’ Protection Act. Note: See note under 653.547. WAREHOUSE WORKER PROTECTIONS

653.555 Definitions for ORS 653.555 to 653.558

As used in ORS 653.555 to 653.558: “Defined time period” means any unit of time measurement equal to or less than the duration of an employee’s shift, including but not limited to hours, minutes, seconds and any fraction of those units of time. “Employee” means an employee who is subject to federal or state laws relating to minimum wage and overtime and wh…

653.556 Notice and recordkeeping requirements for employers using quotas in warehouse distribution centers; employee rights; employer obligations

An employer shall provide each employee with written documentation summarizing any quota to which the employee is subject. The documentation must include: The quantified number of tasks to be performed, or materials to be produced or handled, within a defined time period; and A description of the potential consequences, including any adverse employment act…

653.557 Current and former employee access to records regarding quotas and work speed data; timing; scope of request; penalties

If a current or former employee of an employer believes that the employee has been disciplined for failing to meet a quota, the current or former employee shall have a right, upon request, to receive records as follows: If the requesting employee is a current employee, the employee shall have a right to a copy of a record that includes: The information des…

653.558 Effect of collective bargaining agreement

ORS 653.556 and 653.557 do not apply to an employer who is subject to a collective bargaining agreement: Under which employees are subject to a performance evaluation metric that is subject to review and negotiation according to the terms of the agreement; and That provides for rights to request records that are substantially equivalent to the rights provi…

653.559 Effect on other laws

Nothing in ORS 653.555 to 653.557 relieves an employer of the obligation to comply with any other provision of law, including the provisions of ORS chapter 652, 653 or 654. Note: 653.559 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon R…

653.560 Authority of Bureau of Labor and Industries

The Bureau of Labor and Industries shall administer, execute and carry out the provisions of ORS 653.010 to 653.565 and 653.991.

653.565 Investigating compliance with rules; prosecution for violation

The Bureau of Labor and Industries shall, from time to time, investigate and ascertain whether employers are observing and complying with its rules under ORS 653.010 to 653.565 and take such steps as may be necessary to prosecute employers that are not observing or complying with its rules.

653.600 [1973 c.564 §2; repealed by 1975 c.114 §1]

SICK LEAVE

653.601 Definitions for ORS 653.601 to 653.661

As used in ORS 653.601 to 653.661: “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. “Employee” includes, but is not limited to: An individual who is paid on a piece-rate basis or the basis of…

653.605 [1973 c.564 §1; repealed by 1975 c.114 §1]

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

Employers that employ at least 10 employees working anywhere in this state shall implement a sick time policy that allows an employee to accrue at least one hour of paid sick time for every 30 hours the employee works or 1-1/3 hours for every 40 hours the employee works. Employers may limit the number of hours of paid sick time that employees may accrue to 4…

653.610 [1973 c.564 §6; repealed by 1975 c.114 §1]

653.611 Substantially equivalent policies

An employer with a sick leave policy, paid vacation policy, paid personal time off policy or other paid time off program that is substantially equivalent to or more generous to the employee than the minimum requirements of ORS 653.601 to 653.661: Must, at a minimum, comply with the requirements of ORS 653.601 to 653.661 for the first 40 hours that the emplo…

653.615 [1973 c.564 §3; repealed by 1975 c.114 §1]

653.616 Allowable uses of sick time

An employee may use sick time earned under ORS 653.606: For an employee’s mental or physical illness, injury or health condition, need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition or need for preventive medical care. For care of a family member with a mental or physical illness, injury or health condi…

653.620 [1973 c.564 §5; repealed by 1975 c.114 §1]

653.621 Minimum use increments; notice to employer; rules

Upon request of an employee with accrued sick time available, an employer must allow the employee to use sick time. If possible, the employee shall include the anticipated duration of the sick time requested in the request. Sick time earned under ORS 653.606 shall be taken in hourly increments unless: To do so would impose an undue hardship on the employer…

653.625 [1973 c.564 §7; repealed by 1975 c.114 §1]

653.626 Medical verification

If an employee takes more than three consecutive scheduled workdays of sick time for a purpose described in ORS 653.616 (1) to (5), an employer may require the employee to provide verification from a health care provider of the need for the sick time, or certification of the need for leave for purposes of ORS 659A.272 as provided in ORS 659A.280. If the nee…

653.630 [1973 c.564 §8; repealed by 1975 c.114 §1]

653.631 Accrual amount records

An employer shall: Provide written notification at least quarterly to each employee of the amount of accrued and unused sick time available for use by the employee. Inclusion of the amount of accrued and used sick time on the statement required under ORS 652.610 meets the requirements of this paragraph. Provide written notice of the requirements of ORS 653…

653.635 [1973 c.564 §11; repealed by 1975 c.114 §1]

653.636 Minimum requirements

ORS 653.601 to 653.661 establish minimum requirements pertaining to sick time and may not be construed to preempt, limit or otherwise affect the applicability of any employer policy, standard or collective bargaining agreement that provides for greater use of paid or unpaid sick time.

653.640 [1973 c.564 §9; repealed by 1975 c.114 §1]

653.641 Unlawful practices

It is an unlawful practice for an employer or any other person to: Deny, interfere with, restrain or fail to pay for sick time to which an employee is entitled under ORS 653.601 to 653.661; Retaliate or in any way discriminate against an employee with respect to any term or condition of employment because the employee has inquired about the provisions of O…

653.645 [1973 c.564 §10; repealed by 1975 c.114 §1]

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

An employer signatory to a collective bargaining agreement to which the employer has agreed to contribute to a multiemployer-employee trust or benefit plan that is maintained for the benefit of the employees subject to the agreement shall be considered to have met the requirements of ORS 653.601 to 653.661 if: The terms of the agreement provide a sick leave…

653.650 [1973 c.564 §12; repealed by 1975 c.114 §1]

653.651 Enforcement

An employee asserting a violation of ORS 653.641 (2) or (3) may file a complaint with the Commissioner of the Bureau of Labor and Industries under ORS 659A.820 or a civil action as provided in ORS 659A.885. The commissioner has the same enforcement powers with respect to the rights established under ORS 653.601 to 653.661 as are established in ORS chapters …