653 - Oregon Legislature

Chapter 6532017 EDITION

Minimum Wages; Employment Conditions; Minors

MINIMUM WAGES; EMPLOYMENTCONDITIONS

653.010 Definitions for ORS 653.010 to 653.261653.015 Statement of policy653.017 Local minimum wage requirements; pre-

emption; exceptions653.020 Excluded employees653.022 “Piece-rate-work-day” defined for ORS

653.020653.025 Minimum wage rate; rules653.026 “Nonurban county” defined for ORS

653.025653.027 Wage rate for persons under 18 years of

age in agriculture653.030 Commissioner may prescribe lower rates

in certain cases; rules653.035 Deducting value of lodging, meals and

other benefits furnished by employer;treatment of commissions and tips

653.040 Powers of commissioner; rules653.045 Records to be kept by employers; itemiza-

tion of deductions from wages653.050 Employers to post summary of law and

rules; Bureau of Labor and Industries tofurnish summaries and copies

653.055 Liability of noncomplying employer; con-trary agreements no defense; wage claims;suits to enjoin future violations; attorneyfees

653.060 Discharging or discriminating againstemployee prohibited

653.065 Application of Administrative ProceduresAct

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

653.075 Legislative findings on breast-feeding653.077 Expressing milk in workplace; rules653.079 Advisory committee on expressing milk in

workplace; membership; duties653.256 Civil penalty for general employment

statute or rule violations653.261 Minimum employment conditions; over-

time; rules; meal periods; exemptions;penalty

653.263 Overtime for persons employed by seafoodprocessors

653.265 Overtime for persons employed in can-neries, driers and packing plants; excep-tions; remedies; penalties

653.268 Overtime for labor directly employed bypublic employers

653.269 Exceptions to ORS 653.268; rules653.280 Employer to safeguard employee’s trade

equipment653.285 Liability of employer653.295 Noncompetition agreements; bonus re-

striction agreements; applicability of re-strictions

653.300 Health benefit plan options for certainemployees; limitation on cost to employeror health benefit plan for exercise of op-tion

EMPLOYMENT OF MINORS653.305 Bureau’s inquiry into employment of mi-

nors653.307 Annual employment certificates; effect of

failure by employer to comply; school dis-tricts required to cooperate with bureau;rules

653.310 Employment certificates on file; list ofminor employees

653.315 Working hours for children under 16 yearsof age; exceptions; mealtimes; posting no-tice of hours

653.320 Employment of children under 14 years;exceptions

653.326 Employment of professionally trained mi-nors allowed with permit

653.330 Employment of minors in certain loggingoperations prohibited

653.335 Employment of minors as elevator opera-tors prohibited

653.340 Employment of minors for message anddelivery service

653.345 Legislative findings653.350 Employment of children under 12 years

for certain agricultural labor; conditions653.355 Exemption of certain employers653.360 Employment of minors in certain boating,

fishing and agricultural situations653.362 Exemption of minors serving as soccer

referees653.365 Civil penalty exemption for unlawful em-

ployment of minors by parents or personsstanding in place of parents

653.370 Civil penalty for unlawful employment ofminors

653.400 Rules653.403 Visitation rights of bureau; prosecution

of offenses against child labor laws

PREDICTIVE WORK SCHEDULING653.412 Definitions653.422 Covered employees; integrated enter-

prises; rules653.428 Good faith estimate of work schedule653.432 Voluntary standby list; penalties653.436 Advance notice of work schedule653.442 Right to rest between work shifts653.450 Employee right to input into work sched-

ule653.455 Compensation for work schedule changes;

exceptions653.460 Notice and posting requirements653.465 Record retention requirements653.470 Retaliation prohibited

Title 51 (2017 Edition)

LABOR, EMPLOYMENT; UNLAWFUL DISCRIMINATION

653.480 Enforcement; right of action; penalties653.485 Legislative intent653.490 Local work schedule requirements; pre-

emption; exceptions

DOMESTIC WORKERS’ PROTECTION ACT

653.547 Definitions; overtime; meal and rest peri-ods; employment conditions; rules

653.549 Rules653.551 Unlawful employment discrimination; civil

remedies and penalties653.553 Short title

ADMINISTRATION653.560 Authority of Bureau of Labor and Indus-

tries653.565 Investigating compliance with rules;

prosecution for violation

SICK LEAVE653.601 Definitions for ORS 653.601 to 653.661

653.606 Employee count; paid and unpaid sicktime; rules; accrual, use and carryoveramounts

653.611 Substantially equivalent policies653.616 Allowable uses of sick time653.621 Minimum use increments; notice to em-

ployer; rules653.626 Medical verification653.631 Accrual amount records653.636 Minimum requirements653.641 Unlawful practices653.646 Multiemployer exception; mandate to es-

tablish sick time policy for home careworkers

653.651 Enforcement653.656 Rules653.661 Preemption

PENALTIES653.991 Penalties


MINIMUM WAGE; EMPLOYMENT CONDITIONS; MINORS 653.020

653.005 [Repealed by 1967 c.596 §15]

MINIMUM WAGES; EMPLOYMENTCONDITIONS

653.010 Definitions for ORS 653.010 to653.261. As used in ORS 653.010 to 653.261,unless the context requires otherwise:

(1) “Commissioner” means the Commis-sioner of the Bureau of Labor and Industries.

(2) “Employ” includes to suffer or permitto work but does not include voluntary ordonated services performed for no compensa-tion or without expectation or contemplationof compensation as the adequate consider-ation for the services performed for a publicemployer referred to in subsection (3) of thissection, or a religious, charitable, educa-tional, public service or similar nonprofitcorporation, organization or institution forcommunity service, religious orhumanitarian reasons or for services per-formed by general or public assistance recip-ients as part of any work training programadministered under the state or federal as-sistance laws.

(3) “Employer” means any person whoemploys another person including the Stateof Oregon or a political subdivision thereofor any county, city, district, authority, publiccorporation or entity and any of their in-strumentalities organized and existing underlaw or charter.

(4) “Minor” means any person under 18years of age.

(5) “Occupation” means any occupation,service, trade, business, industry, or branchor group of industries or employment or classof employment in which employees aregainfully employed.

(6) “Organized camp” means a day orresident camp, whether or not operated forprofit, established to give campers recre-ational, creative, religious or educational ex-perience in cooperative group living whereinthe activities are conducted on a closelysupervised basis, whether or not the camp isused primarily by an organized group or bymembers of the public and whether or notthe activities or facilities are furnished freeof charge or for the payment of a fee.

(7) “Outside salesperson” means any em-ployee who is employed for the purpose ofand who is customarily and regularly en-gaged away from the employer’s place orplaces of business in making sales, or ob-taining orders, or obtaining contracts forservices and whose hours of work of anyother nature for the employer do not exceed30 percent of the hours worked in theworkweek by the nonexempt employees ofthe employer.

(8) “Piece-rate” means a rate of pay cal-culated on the basis of the quantity of thecrop harvested.

(9) “Salary” means no less than the wageset pursuant to ORS 653.025, multiplied by2,080 hours per year, then divided by 12months.

(10) “Wages” means compensation due toan employee by reason of employment, pay-able in legal tender of the United States orcheck on banks convertible into cash on de-mand at full face value, subject to such de-ductions, charges or allowances as arepermitted in ORS 653.035.

(11) “Work time” includes both timeworked and time of authorized attendance.[1967 c.596 §2; 1979 c.153 §2; 1983 c.274 §1; 1985 c.99 §1;1985 c.170 §1; 1989 c.446 §1; 1991 c.829 §2; 1993 c.739 §24;2003 c.14 §398]

653.015 Statement of policy. It is de-clared to be the policy of the State of Oregonto establish minimum wage standards forworkers at levels consistent with theirhealth, efficiency and general well-being.[1967 c.596 §1]

653.017 Local minimum wage require-ments; preemption; exceptions. (1) Asused in this section:

(a) “Local government” includes acounty, city, district or other public corpo-ration, authority or entity organized and ex-isting under statute or city or countycharter.

(b) “Public employer” means a politicalsubdivision of the State of Oregon, includingcounties, cities, districts, as defined in ORS198.010 and 198.180, and public and quasi-public corporations.

(2) Except as provided in subsection (3)of this section, the State of Oregon preemptsall charter and statutory authority of localgovernments to set any minimum wage re-quirements.

(3) A local government may set minimumwage requirements:

(a) For public employers;(b) In specifications for public contracts

entered into by the local government; and(c) As a condition of the local govern-

ment providing direct tax abatements orsubsidies for private employers with 10 ormore employees. [2001 c.967 §1]

Note: 653.017 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 653 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

653.020 Excluded employees. ORS653.010 to 653.261 do not apply to any of thefollowing employees:


653.020 LABOR, EMPLOYMENT; UNLAWFUL DISCRIMINATION

(1) An individual employed in agricultureif:

(a) Such individual is employed as a handharvest or pruning laborer and is paid on apiece-rate basis in an operation which hasbeen, and is customarily and generally re-cognized as having been paid, on a piece-ratebasis in the region of employment and isemployed by an employer who did not, duringany calendar quarter during the precedingyear use more than 500 piece-rate-work-daysof agricultural labor;

(b) Such individual is the parent, spouse,child or other member of the employer’s im-mediate family;

(c) Such individual:(A) Is employed as a hand harvest or

pruning laborer and is paid on a piece-ratebasis in an operation which has been, and iscustomarily and generally recognized as hav-ing been, paid on a piece-rate basis in theregion of employment;

(B) Commutes daily from a permanentresidence to the farm on which the individ-ual is so employed; and

(C) Has been employed in agriculturallabor less than 13 weeks during the preced-ing calendar year;

(d) Such individual, other than an indi-vidual described in paragraph (c) of this sub-section:

(A) Is 16 years of age or under and isemployed as a hand harvest laborer, is paidon a piece-rate basis in an operation whichhas been, and is customarily and generallyrecognized as having been, paid on a piece-rate basis in the region of employment; and

(B) Is paid at the same piece-rate as em-ployees over 16 years of age on the samefarm; or

(e) Such employee is principally engagedin the range production of livestock andearns a salary and is paid on a salary basis.

(2) An individual employed in domesticservice on a casual basis in or about a familyhome.

(3) An individual engaged in administra-tive, executive or professional work who:

(a) Performs predominantly intellectual,managerial or creative tasks;

(b) Exercises discretion and independentjudgment; and

(c) Earns a salary and is paid on a salarybasis.

(4) An individual employed by the UnitedStates.

(5) An individual who is employed by aninstitution whose function is primary or sec-

ondary education, and in which the individ-ual is an enrolled student.

(6) An individual engaged in the capacityof an outside salesperson or taxicab operator.

(7) An individual domiciled at a place ofemployment for the purpose of being avail-able for emergency or occasional duties fortime other than that spent performing theseduties, provided that when the individualperforms emergency or occasional duties, theindividual must be paid no less than thewage specified in ORS 653.025.

(8) An individual paid for specified hoursof employment, the only purpose of which isto be available for recall to duty.

(9) An individual domiciled at multiunitaccommodations designed to provide otherpeople with temporary or permanent lodging,for the purpose of maintenance, managementor assisting in the management of same.

(10) An individual employed on a sea-sonal basis at:

(a) An organized camp operated for profitthat generates gross annual income of lessthan $500,000; or

(b) A nonprofit organized camp.(11) An individual employed at a non-

profit conference ground or center operatedfor educational, charitable or religious pur-poses.

(12) An individual who performs servicesas a volunteer firefighter, as defined in ORS652.050.

(13) An individual who performs childcare services in the home of the individualor in the home of the child.

(14) An individual employed in domesticservice employment in or about a familyhome to provide companionship services forindividuals who, because of age or infirmity,are unable to care for themselves.

(15) An individual who performs serviceas a caddy at a golf course in an establishedprogram for the training and supervision ofcaddies under the direction of a person whois an employee of the golf course.

(16) An individual who volunteers as agolf course marshal if:

(a) The services the individual providesare limited to monitoring starting times andspeed of play and informing golfers of golfcourse etiquette;

(b) The individual is not allowed to pro-vide volunteer golf course marshal servicesfor more than 30 hours in a calendar week;and

(c) The individual receives no wage otherthan golf passes for providing the volunteergolf course marshal services.



(17) An individual employed as a residentmanager by an adult foster home that is li-censed pursuant to ORS 443.705 to 443.825and who is domiciled at the adult fosterhome.

(18) An individual residing in a mobilehome park or manufactured dwelling parkdesigned to provide other people with tempo-rary or permanent lodging, for the purposeof maintenance, management or in assistingin the management of same.

(19) An individual who volunteers as acampground host and who resides in acampground owned by a public agency thatprovides temporary accommodations for trav-elers, whether under public or private man-agement, and who provides information andemergency assistance.

(20) An individual who:(a) Is registered with the National Ski

Patrol or a similar nonprofit ski patrol or-ganization as a nonprofessional ski patrollerand who receives no wage other than passesauthorizing access to and use of a ski area,as defined in ORS 30.970, for performing skipatrol services, including but not limited toservices related to preserving the safety ofand providing information to skiers orsnowboarders; or

(b) Receives no wage other than passesauthorizing access to and use of a ski area,as defined in ORS 30.970, for performing ser-vices directly related to the organizing orconducting of skiing or snowboarding racesor other similar competitions that are:

(A) Sponsored and organized by a non-profit corporation, as defined in ORS 65.001;and

(B) Held in a ski area, as defined in ORS30.970. [1967 c.596 §3; 1971 c.758 §3; 1973 c.383 §1; 1977c.238 §1; 1979 c.153 §1; 1981 c.361 §1; 1983 c.319 §3; 1989c.446 §2; 1991 c.829 §1; 1991 c.870 §1; 1993 c.494 §1; 1995c.466 §1; 1995 c.497 §1; 1997 c.300 §1; 2008 c.32 §1; 2011c.376 §1]

653.022 “Piece-rate-work-day” definedfor ORS 653.020. As used in ORS 653.020 (1),“piece-rate-work-day” means any day duringwhich an employee performs any agriculturallabor on a piece-rate basis for not less thanone hour. For the purposes of this section,“employee” does not include any individualemployed by an employer in agriculture ifsuch individual is the parent, spouse, childor other member of the employer’s immediatefamily. [1971 c.758 §2; 1989 c.446 §3]

653.025 Minimum wage rate; rules. (1)Except as provided in subsections (2) and (3)of this section, ORS 652.020 and the rules ofthe Commissioner of the Bureau of Laborand Industries issued under ORS 653.030 and653.261, for each hour of work time that theemployee is gainfully employed, no employer

shall employ or agree to employ any em-ployee at wages computed at a rate lowerthan:

(a) For calendar year 2003, $6.90.(b) From January 1, 2004, to June 30,

2016, a rate adjusted for inflation as calcu-lated by the commissioner.

(c) From July 1, 2016, to June 30, 2017,$9.75.

(d) From July 1, 2017, to June 30, 2018,$10.25.

(e) From July 1, 2018, to June 30, 2019,$10.75.

(f) From July 1, 2019, to June 30, 2020,$11.25.

(g) From July 1, 2020, to June 30, 2021,$12.

(h) From July 1, 2021, to June 30, 2022,$12.75.

(i) From July 1, 2022, to June 30, 2023,$13.50.

(j) After June 30, 2023, beginning on July1 of each year, a rate adjusted annually forinflation as described in subsection (5) of thissection.

(2) If the employer is located within theurban growth boundary of a metropolitanservice district organized under ORS chapter268, except as provided by ORS 652.020 andthe rules of the commissioner issued underORS 653.030 and 653.261, for each hour ofwork time that the employee is gainfullyemployed, no employer shall employ or agreeto employ any employee at wages computedat a rate lower than:

(a) From July 1, 2016, to June 30, 2017,$9.75.

(b) From July 1, 2017, to June 30, 2018,$11.25.

(c) From July 1, 2018, to June 30, 2019,$12.

(d) From July 1, 2019, to June 30, 2020,$12.50.


(f) From July 1, 2021, to June 30, 2022,$14.

(g) From July 1, 2022, to June 30, 2023,$14.75.

(h) After June 30, 2023, $1.25 per hourmore than the minimum wage determinedunder subsection (1)(j) of this section.

(3) If the employer is located within anonurban county as described in ORS653.026, except as provided by ORS 652.020and the rules of the commissioner issued un-der ORS 653.030 and 653.261, for each hourof work time that the employee is gainfully



employed, no employer shall employ or agreeto employ any employee at wages computedat a rate lower than:

(a) From July 1, 2016, to June 30, 2017,$9.50.

(b) From July 1, 2017, to June 30, 2018,$10.

(c) From July 1, 2018, to June 30, 2019,$10.50.

(d) From July 1, 2019, to June 30, 2020,$11.


(f) From July 1, 2021, to June 30, 2022,$12.

(g) From July 1, 2022, to June 30, 2023,$12.50.

(h) After June 30, 2023, $1 per hour lessthan the minimum wage determined undersubsection (1)(j) of this section.

(4) The commissioner shall adopt rulesfor determining an employer’s location undersubsection (2) of this section.

(5)(a) The Oregon minimum wage shallbe adjusted for inflation as provided in para-graph (b) of this subsection.

(b) No later than April 30 of each year,beginning in 2023, the commissioner shallcalculate an adjustment of the wage amountspecified in subsection (1)(j) of this sectionbased upon the increase, if any, from Marchof the preceding year to March of the yearin which the calculation is made in the U.S.City Average Consumer Price Index for AllUrban Consumers for All Items as preparedby the Bureau of Labor Statistics of theUnited States Department of Labor or itssuccessor.

(c) The wage amount as adjusted underthis subsection shall be rounded to the near-est five cents.

(d) The wage amount as adjusted underthis subsection becomes effective as the newOregon minimum wage amount, replacing theminimum wage amount specified in subsec-tion (1)(j) of this section, on July 1 of theyear in which the calculation is made. [1967c.596 §4; 1973 c.403 §3; 1975 c.504 §1; 1979 c.832 §1; 1979c.886 §1; 1985 c.99 §2; 1985 c.161 §1; 1989 c.446 §4; 1997c.1 §1; 2003 c.2 §1; 2016 c.12 §1; 2017 c.17 §52]

653.026 “Nonurban county” defined forORS 653.025. For purposes of ORS 653.025,“nonurban county” means any of the follow-ing counties:

(1) Baker;(2) Coos;(3) Crook;(4) Curry;(5) Douglas;

(6) Gilliam;(7) Grant;(8) Harney;(9) Jefferson;(10) Klamath;(11) Lake;(12) Malheur;(13) Morrow;(14) Sherman;(15) Umatilla;(16) Union;(17) Wallowa; or(18) Wheeler. [2016 c.12 §2]Note: 653.026 was enacted into law by the Legisla-

tive Assembly but was not added to or made a part ofORS chapter 653 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

653.027 Wage rate for persons under18 years of age in agriculture. An em-ployer who employs individuals under 18years of age in agricultural labor and whopays such individuals by the amount of workproduced or services rendered shall pay suchindividuals the same rate of payment for thework produced or services required as paidto individuals 18 years of age or older. [1973c.403 §2; 1993 c.18 §130]

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 prescribelower rates in certain cases; rules. TheCommissioner of the Bureau of Labor andIndustries shall issue rules prescribing theemployment of other types of persons at fixedminimum hourly wage rates lower than theminimum wage rate required by ORS 653.025,when the commissioner has determined thatthe application of ORS 653.025 would sub-stantially curtail opportunities for employ-ment for specific types of persons. The typesof persons for whom a minimum hourly wagerate may be set are limited to persons withmental or physical disabilities or who arestudent-learners, as defined in ORS 653.070.[1967 c.596 §5 (1); 1973 c.403 §4; 1979 c.886 §2; 1981 c.850§1; 1985 c.99 §3; 2007 c.70 §282]

653.035 Deducting value of lodging,meals and other benefits furnished byemployer; treatment of commissions andtips. (1) Employers may deduct from theminimum wage to be paid employees underORS 653.025, 653.030 or 653.261, the fairmarket value of lodging, meals or other fa-cilities or services furnished by the employerfor the private benefit of the employee.

(2) Employers may include commissionpayments to employees as part of the appli-cable minimum wage for any pay period inwhich the combined wage and commission



earnings of the employee will comply withORS 653.010 to 653.261. In any pay periodwhere the combined wage and commissionpayments to the employee do not add up tothe applicable minimum wage under ORS653.010 to 653.261, the employer shall pay theminimum rate as prescribed in ORS 653.010to 653.261.

(3) Employers, including employers regu-lated under the federal Fair Labor StandardsAct, may not include any amount receivedby employees as tips in determining theamount of the minimum wage required to bepaid by ORS 653.010 to 653.261. [1967 c.596 §§6,7; 1977 c.238 §3]

653.040 Powers of commissioner;rules. The Commissioner of the Bureau ofLabor and Industries, in addition to thecommissioner’s other powers, may:

(1) Investigate and ascertain the wagesof persons employed in any occupation orplace of employment in the state.

(2) Require from an employer statements,including sworn statements, with respect towages, hours, names and addresses and suchother information pertaining to theemployer’s employees or their employment asthe commissioner considers necessary tocarry out ORS 653.010 to 653.261.

(3) Make such rules as the commissionerconsiders appropriate to carry out the pur-poses of ORS 653.010 to 653.261, or necessaryto prevent the circumvention or evasion ofORS 653.010 to 653.261 and to establish andsafeguard the minimum wage rates providedfor under ORS 653.010 to 653.261. [1967 c.596§8; 1985 c.99 §4; 2003 c.2 §2; 2005 c.22 §458]

653.045 Records to be kept by employ-ers; itemization of deductions fromwages. (1) Every employer required by ORS653.025 or by any rule, order or permit issuedunder ORS 653.030 to pay a minimum wageto any of the employer’s employees shallmake and keep available to the Commis-sioner of the Bureau of Labor and Industriesfor not less than two years, a record or re-cords containing:

(a) The name, address and occupation ofeach of the employer’s employees.

(b) The actual hours worked each weekand each pay period by each employee.

(c) Such other information as the com-missioner prescribes by the commissioner’srules if necessary or appropriate for the en-forcement of ORS 653.010 to 653.261 or of therules and orders issued thereunder.

(2) Each employer shall keep the recordsrequired by subsection (1) of this sectionopen for inspection or transcription by thecommissioner or the commissioner’s designeeat any reasonable time.

(3) Every employer of one or more em-ployees covered by ORS 653.010 to 653.261shall supply each of the employer’s em-ployees with itemized statements of amountsand purposes of deductions in the mannerprovided in ORS 652.610. [1967 c.596 §9; 1985 c.99§5]

653.050 Employers to post summaryof law and rules; Bureau of Labor andIndustries to furnish summaries andcopies. Every employer required by ORS653.025 or by any rules, orders or permit is-sued under ORS 653.030 or 653.261 to pay aminimum wage to any of the employer’s em-ployees shall keep summaries of ORS 653.010to 653.261 and summaries of all rules adoptedby the Commissioner of the Bureau of Laborand Industries pursuant to ORS 653.010 to653.261 and 653.307 posted in a conspicuousand accessible place in or about the premiseswhere the employees are employed. Employ-ers may obtain the summaries from thewebsite of the Bureau of Labor and Indus-tries or upon request from the bureau, thefirst copy of which shall be furnished with-out charge. In addition, upon request, thebureau shall furnish the complete text of allrules adopted pursuant to ORS 653.010 to653.261 and 653.307 to any employer withoutcharge. [1967 c.596 §10; 1977 c.238 §4; 1985 c.99 §6; 2011c.348 §4; 2013 c.296 §20]

653.055 Liability of noncomplying em-ployer; contrary agreements no defense;wage claims; suits to enjoin future vio-lations; attorney fees. (1) Any employerwho pays an employee less than the wagesto which the employee is entitled under ORS653.010 to 653.261 is liable to the employeeaffected:

(a) For the full amount of the wages, lessany amount actually paid to the employee bythe employer; and

(b) For civil penalties provided in ORS652.150.

(2) Any agreement between an employeeand an employer to work at less than thewage rate required by ORS 653.010 to 653.261is no defense to an action under subsection(1) of this section.

(3) The Commissioner of the Bureau ofLabor and Industries has the same powersand duties in connection with a wage claimbased on ORS 653.010 to 653.261 as the com-missioner has under ORS 652.310 to 652.445and in addition the commissioner may, with-out the necessity of assignments of wageclaims from employees, initiate suits againstemployers to enjoin future failures to payrequired minimum wages or overtime payand to require the payment of minimumwages and overtime pay due employees butnot paid as of the time of the filing of suit.The commissioner may join in a single pro-



ceeding and in one cause of suit any numberof wage claims against the same employer. Ifthe commissioner does not prevail in suchaction, the commissioner shall pay all costsand disbursements from the Bureau of Laborand Industries Account.

(4) The court may award reasonable at-torney fees to the prevailing party in anyaction brought by an employee under thissection. [1967 c.596 §11; 1977 c.513 §1; 1981 c.850 §2;1981 c.897 §90; 1985 c.99 §7; 1995 c.618 §111]

653.060 Discharging or discriminatingagainst employee prohibited. (1) An em-ployer may not discharge or in any othermanner discriminate against an employeebecause:

(a) The employee has inquired about theprovisions of ORS 653.010 to 653.261 or653.265 or has reported a violation of or fileda complaint related to ORS 653.010 to 653.261or 653.265.

(b) The employee has caused to be insti-tuted or is about to cause to be institutedany proceedings under or related to ORS653.010 to 653.261 or 653.265.

(c) The employee has testified or is aboutto testify in any such proceedings.

(2) A violation of this section is an un-lawful employment practice under ORSchapter 659A. A person unlawfully discrimi-nated against under this section may file acomplaint under ORS 659A.820 with theCommissioner of the Bureau of Labor andIndustries. [1967 c.596 §12; 2007 c.278 §2; 2017 c.685§4]

653.065 Application of AdministrativeProcedures Act. (1) All proceedings underORS 653.010 to 653.261 shall be conducted incompliance with ORS chapter 183.

(2) All rules of the Commissioner of theBureau of Labor and Industries under ORS653.010 to 653.261 shall be issued in compli-ance with ORS chapter 183. [1967 c.596 §13; 1985c.99 §8]

653.070 Student-learners special wage;conditions; rules; penalties. (1) As used inthis section:

(a) “Bona fide professional training pro-gram” includes any professional trainingprogram approved by the Superintendent ofPublic Instruction pursuant to rules of theState Board of Education which provides forpart-time employment training which may bescheduled for a part of the workday orworkweek, for alternating weeks or for otherlimited periods during the year, supple-mented by and integrated with a definitelyorganized plan of instruction designed toteach technical knowledge and related infor-mation given as a regular part of thestudent-learner’s course by an accreditedschool, college or university.

(b) “Student-learner” means a studentwho is receiving instruction in an accreditedschool, college or university and who is em-ployed on a part-time basis, pursuant to abona fide professional training program.

(2) Notwithstanding ORS 653.025, em-ployers shall pay student-learners at least 75percent of the minimum wage prescribed byORS 653.025.

(3) The number of hours of employmenttraining for a student-learner at subminimumwages, when added to the hours of schoolinstruction, shall not exceed eight hours onany day or 40 hours in any week.

(4) The Commissioner of the Bureau ofLabor and Industries may adopt rules pre-scribing the procedures and requirements forapplication and issuance of special certif-icates authorizing the employment ofstudent-learners at subminimum wages. Therules shall require that the following condi-tions be satisfied before the issuance of suchspecial certificates:

(a) The employment of the student-learner at subminimum wages authorized bythe special certificate must be necessary toprevent curtailment of opportunities for em-ployment.

(b) The occupation for which thestudent-learner is receiving preparatorytraining must require a sufficient degree ofskill to necessitate a substantial learning pe-riod.

(c) The training must not be for the pur-pose of acquiring manual dexterity and highproduction speed in repetitive operations.

(d) The employment of a student-learnermust not have the effect of displacing aworker employed in the establishment.

(e) The employment of the student-learners at subminimum wages must not tendto impair or depress the wage rates or work-ing standards established for experiencedworkers for work of a like or comparablecharacter.

(f) The occupational needs of the com-munity or industry warrant the training ofstudent-learners.

(g) There are no serious outstanding vio-lations of the provisions of a student-learnercertificate previously issued to the employer,or serious violations of any other provisionsof law by the employer which provide rea-sonable grounds to conclude that the termsof the certificate would not be complied with,if issued.

(h) The issuance of such a certificatewould not tend to prevent the developmentof apprenticeship under ORS 660.002 to660.210 or would not impair established ap-



prenticeship standards in the occupation orindustry involved.

(i) The number of student-learners to beemployed in one establishment must not bemore than a small proportion of its workingforce.

(5) Failure to comply with subsection (2)or (3) of this section shall subject the em-ployer to a penalty of 75 percent of the min-imum wage prescribed by ORS 653.025 foreach hour of work time that the student-learner is gainfully employed. The Commis-sioner of the Bureau of Labor and Industriesshall have a cause of action against the em-ployer for the recovery of the penalty. [1979c.886 §5; 1981 c.850 §3; 1989 c.491 §62; 1995 c.343 §50]

Note: 653.070 was added to and made a part ofORS chapter 653 by legislative action but was not addedto any smaller series therein. See Preface to OregonRevised Statutes for further explanation.

653.075 Legislative findings on breast-feeding. The Legislative Assembly finds that:

(1) Women with infants and toddlers arethe fastest growing sector of today’s laborforce, with at least 50 percent of pregnantwomen who are employed returning to workby the time their children are three monthsold.

(2) The American Academy of Pediatricsrecommends that every child be breast-fedfor at least the first 12 months of life andurges that arrangements be made for ex-pressing breast milk if the mother and childare separated.

(3) Women who wish to continue breast-feeding after returning to work have rela-tively simple needs. These needs include aclean, convenient, private location to expressmilk at the work site and adequate breaktime in which to do so. [2005 c.466 §1]

653.077 Expressing milk in workplace;rules. (1) As used in this section:

(a) “Reasonable efforts” means effortsthat do not impose an undue hardship on theoperation of an employer’s business.

(b) “Undue hardship” means significantdifficulty or expense when considered in re-lation to the size, financial resources, natureor structure of the employer’s business.

(2)(a) An employer shall provide reason-able unpaid rest periods to accommodate anemployee who needs to express milk for herchild.

(b) The employee shall provide reasonablenotice to the employer that the employee in-tends to express milk upon returning towork.

(c) Unless otherwise agreed to by theemployer and the employee, the employershall provide the employee a 30-minute restperiod to express milk during each four-hour

work period, or the major part of a four-hourwork period, to be taken by the employeeapproximately in the middle of the work pe-riod.

(d) The employee shall, if feasible, takethe rest periods to express milk at the sametime as the rest periods or meal periods thatare otherwise provided to the employee.

(e) If the employer is required by law orcontract to provide the employee with paidrest periods, the employer shall treat the restperiods used by the employee for expressingmilk as paid rest periods, up to the amountof time the employer is required to provideas paid rest periods. If an employee takesunpaid rest periods, the employer may allowthe employee to work before or after hernormal shift to make up the amount of timeused during the unpaid rest periods. If theemployee does not work to make up theamount of time used during the unpaid restperiods, the employer is not required tocompensate the employee for that time.

(3) When an employer’s contribution toan employee’s health insurance is influencedby the number of hours the employee works,the employer shall treat any unpaid rest pe-riods used by the employee to express milkas paid work time for the purpose of meas-uring the number of hours the employeeworks.

(4) An employer is not required to pro-vide rest periods under this section if to doso would impose an undue hardship on theoperation of the employer’s business.

(5)(a) An employer shall make reasonableefforts to provide a location, other than apublic restroom or toilet stall, in close prox-imity to the employee’s work area for theemployee to express milk in private.

(b) The location may include, but is notlimited to:

(A) The employee’s work area if the workarea meets the requirements of paragraph (a)of this subsection;

(B) A room connected to a publicrestroom, such as a lounge, if the room al-lows the employee to express milk in private;or

(C) A child care facility in close proxim-ity to the employee’s work location wherethe employee can express milk in private.

(6) An employer may allow an employeeto temporarily change job duties if theemployee’s regular job duties do not allowher to express milk.

(7) This section applies only to an em-ployer whose employee is expressing milk forher child 18 months of age or younger.

(8) This section applies only to employerswho employ 25 or more employees in the



State of Oregon for each working day duringeach of 20 or more calendar workweeks inthe year in which the rest periods are to betaken or in the year immediately precedingthe year in which the rest periods are to betaken.

(9) Notwithstanding ORS 653.020 (3), thissection applies to individuals engaged in ad-ministrative, executive or professional workas described in ORS 653.020 (3).

(10)(a) In addition to, and not in lieu of,any other requirement under this section,each school district board shall adopt a pol-icy regarding breast-feeding in the workplaceto accommodate an employee who needs toexpress milk for her child.

(b) Each policy must, at a minimum, des-ignate a location at the school facility, otherthan a public restroom or toilet stall, inclose proximity to the employee’s work areafor the employee to express milk in private.

(c) A policy adopted under this subsec-tion, including the designated locationswhere an employee may express milk, mustbe published in an employee handbook. Inaddition, a list of the designated locationsmust be readily available, upon request, inthe central office of each school facility andin the central administrative office for eachschool district.

(11) The Commissioner of the Bureau ofLabor and Industries shall adopt rules to im-plement and enforce this section. [2005 c.466§2; 2007 c.144 §1]

653.079 Advisory committee on ex-pressing milk in workplace; membership;duties. (1) The Commissioner of the Bureauof Labor and Industries shall appoint an ad-visory committee. The advisory committeemust include equal representation of mem-bers from labor and management.

(2) Upon request by a particular industryor profession, the advisory committee shall:

(a) Determine when the ordinary courseof the requesting industry or professionmakes compliance with ORS 653.077 difficultfor an employer in that industry or profes-sion; and

(b) Submit to the commissioner recom-mendations for rules that address compliancedifficulties in that industry or profession.

(3) The commissioner shall determine theterms and organization of the advisory com-mittee.

(4) All agencies of state government, asdefined in ORS 174.111, are directed to assistthe advisory committee in the performanceof its duties and, to the extent permitted bylaws relating to confidentiality, to furnishsuch information and advice as the members

of the advisory committee consider necessaryto perform their duties. [2007 c.144 §4]


653.105 [Amended by 1953 c.123 §2; repealed by 1967c.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 em-ployment statute or rule violations. (1) Inaddition to any other penalty provided bylaw, the Commissioner of the Bureau of La-bor and Industries may assess a civil penaltynot to exceed $1,000 against any person thatwillfully violates ORS 653.025, 653.030,653.045, 653.050, 653.060, 653.261, 653.265,653.606, 653.611, 653.616, 653.621, 653.626,653.631 or 653.636 or section 5, chapter 537,Oregon Laws 2015, or any rule adoptedthereunder.

(2) In addition to any other penalty pro-vided by law, the commissioner may assess acivil penalty not to exceed $1,000 against anyperson that intentionally violates ORS653.077 or any rule adopted thereunder.

(3) Civil penalties authorized by this sec-tion shall be imposed in the manner providedin ORS 183.745.

(4)(a) All sums collected as penalties un-der this section shall be first applied towardreimbursement of costs incurred in deter-mining the violations, conducting hearingsunder this section and addressing and col-lecting the penalties.

(b) The remainder, if any, of the sumscollected as penalties under subsection (1) ofthis section shall be paid over by the com-missioner to the Department of State Landsfor the benefit of the Common School Fundof this state. The department shall issue areceipt for the money to the commissioner.

(c) The remainder, if any, of the sumscollected as penalties under subsection (2) ofthis section shall be paid over by the com-



missioner to the Department of Human Ser-vices for the benefit of the BreastfeedingMother Friendly Employer Project. The de-partment shall issue a receipt for the moneysto the commissioner. [1997 c.314 §2; 2001 c.690 §3;2007 c.144 §2; 2015 c.537 §17; 2017 c.685 §5]

653.260 [Repealed by 1967 c.596 §15]

653.261 Minimum employment condi-tions; overtime; rules; meal periods; ex-emptions; penalty. (1)(a) The Commissionerof the Bureau of Labor and Industries mayadopt rules prescribing such minimum condi-tions of employment, excluding minimumwages, in any occupation as may be neces-sary for the preservation of the health ofemployees. The rules may include, but arenot limited to, minimum meal periods andrest periods, and maximum hours of work,but not less than eight hours per day or 40hours per workweek; however, after 40 hoursof work in one workweek overtime may bepaid, but in no case at a rate higher than oneand one-half times the regular rate of pay ofthe employees when computed without bene-fit of commissions, overrides, spiffs and simi-lar benefits.

(b) As used in this subsection,“workweek” means a fixed period of time es-tablished by an employer that reflects a reg-ularly recurring period of 168 hours or sevenconsecutive 24-hour periods. A workweekmay begin on any day of the week and anyhour of the day and need not coincide witha calendar week. The beginning of theworkweek may be changed if the change isintended to be permanent and is not designedto evade overtime requirements.

(2) Rules adopted by the commissionerpursuant to subsection (1) of this section donot apply to individuals employed by thisstate or a political subdivision or quasi-municipal corporation thereof if other pro-visions of law or collective bargainingagreements prescribe rules pertaining toconditions of employment referred to in sub-section (1) of this section, including meal pe-riods, rest periods, maximum hours of workand overtime.

(3) Rules adopted by the commissionerpursuant to subsection (1) of this section re-garding meal periods and rest periods do notapply to nurses who provide acute care inhospital settings if provisions of collectivebargaining agreements entered into by thenurses prescribe rules concerning meal peri-ods and rest periods.

(4)(a) The commissioner shall adopt rulesregarding meal periods for employees who

serve food or beverages, receive tips and re-port the tips to the employer.

(b) In rules adopted by the commissionerunder paragraph (a) of this subsection, thecommissioner shall permit an employee towaive a meal period. However, an employermay not coerce an employee into waiving ameal period.

(c) Notwithstanding ORS 653.256 (1), inaddition to any other penalty provided bylaw, the commissioner may assess a civilpenalty not to exceed $2,000 against an em-ployer that the commissioner finds has co-erced an employee into waiving a mealperiod in violation of this subsection. Eachviolation is a separate and distinct offense.In the case of a continuing violation, eachday’s continuance is a separate and distinctviolation.

(d) Civil penalties authorized by thissubsection shall be imposed in the mannerprovided in ORS 183.745. All sums collectedas penalties under this subsection shall beapplied and paid over as provided in ORS653.256 (4). [1967 c.596 §5 (2), (3); 1971 c.492 §1; 1981c.361 §2; 1985 c.99 §9; 2001 c.466 §1; 2007 c.167 §§1,2; 2011c.58 §1; 2017 c.685 §§6,7]

653.263 Overtime for persons em-ployed by seafood processors. (1) As usedin this section:

(a) “Seafood processor” means a cannery,drier or packing plant that processes seafood.

(b) “Workweek” means a fixed period oftime established by an employer that reflectsa regularly recurring period of 168 hours orseven consecutive 24-hour periods. Aworkweek may begin on any day of the weekand any hour of the day and need not coin-cide with a calendar week. The beginning ofthe workweek may be changed if the changeis intended to be permanent and is not de-signed to evade overtime requirements.

(2) An employer may not require or per-mit an employee employed by a seafoodprocessor to work more than 10 hours in anyone day unless the employer compensates theemployee as follows:

(a) One and one-half times the employee’sregular rate of pay for each hour the em-ployee works over 10 hours in any one dayif the employee is an hourly employee; or

(b) One and one-half times the regularprice for all work done during the time theemployee is employed over 10 hours per dayif the employee is a piece worker.

(3) This section does not apply to:



(a) An employee who is engaged in man-ufacturing, as defined in ORS 652.020; or

(b) An employee whose principal dutiesare administrative in nature or who does nototherwise, in the usual course of theemployee’s duties, come into contact withthe direct processing of goods. [2017 c.685 §10]


653.265 Overtime for persons em-ployed in canneries, driers and packingplants; exceptions; remedies; penalties. (1)As used in this section:

(a) “Perishable product” means any prod-uct that may spoil, deteriorate or undergoother material changes that render it un-suitable for the use for which it wasproduced. “Perishable product” includes ag-ricultural crops, meat and fish.

(b) “Undue hardship period” means theperiod of time during which perishable prod-uct must be processed after harvesting,slaughter or catch.

(c) “Workweek” means a fixed period oftime established by an employer that reflectsa regularly recurring period of 168 hours orseven consecutive 24-hour periods. Aworkweek may begin on any day of the weekand any hour of the day and need not coin-cide with a calendar week. The beginning ofthe workweek may be changed if the changeis intended to be permanent and is not de-signed to evade overtime requirements.

(2)(a) Except as provided in paragraphs(b) to (d) of this subsection, an employer maynot require or permit an employee employedin any cannery, drier or packing plant in thisstate to work more than:

(A) 10 hours in any one day; or(B) 55 hours in one workweek.(b) An employer may permit an employee

described in paragraph (a) of this subsectionto work up to 60 hours in one workweek ifthe employee requests or consents in writingto work more than 55 hours in theworkweek.

(c) Notwithstanding paragraph (b) of thissubsection, during the period of time that anemployer is eligible for an undue hardshipperiod exemption under subsection (5) of thissection, an employer may permit an employeedescribed in paragraph (a) of this subsectionto work:

(A) Up to 84 hours per workweek for fourworkweeks; and

(B) Up to 80 hours per workweek for theremainder of the undue hardship period.

(d) An employer may permit an employeedescribed in paragraph (a) of this subsectionto work more than 10 hours in any one dayif the employer compensates the employee asfollows:

(A) One and one-half times theemployee’s regular rate of pay for each hourthe employee works over 10 hours in any oneday if the employee is an hourly employee;or

(B) One and one-half times the regularprice for all work done during the time theemployee is employed over 10 hours per dayif the employee is a piece worker.

(3) An employer shall calculate anemployee’s overtime on a daily basis undersubsection (2)(d) of this section and on aweekly basis under ORS 653.261 (1) and paythe greater of the two amounts if, during thesame workweek, the employee works morethan:

(a) 10 hours in one day as described insubsection (1) of this section; and

(b) 40 hours in one workweek as de-scribed in ORS 653.261 (1).

(4) An employer that makes an overtimepayment to an employee pursuant to subsec-tion (3) of this section satisfies the overtimecompensation requirements under this sec-tion and ORS 653.261 (1).

(5)(a) An employer is eligible for an un-due hardship period exemption from the re-strictions on work hours under subsection(2)(a) of this section if the employer, in theordinary course of the employer’s business,processes perishable products. The unduehardship period exemption shall be effectiveonly during an undue hardship period. Anemployer may be eligible for more than oneundue hardship period exemption in a calen-dar year. However, the combined total dura-tion of the employer’s undue hardship periodexemptions may not exceed 21 workweeks ina calendar year.

(b) To claim an undue hardship periodexemption, an employer must provide noticeof the undue hardship period to the Commis-sioner of the Bureau of Labor and Industriesand obtain written consent from each em-ployee whom the employer will request towork more than 55 hours in any workweekduring the undue hardship period.

(c)(A) The notice the employer sends tothe commissioner under paragraph (b) of thissubsection must be in a form prescribed bythe commissioner by rule and include a de-scription of the reasons for the undue hard-ship period, the start and expected end datesof the undue hardship period and any otherinformation required by the commissioner.



(B) The employee’s written consent shallbe in a form prescribed by the commissionerby rule and include:

(i) A description of the employer’s rea-sons for the undue hardship period;

(ii) The start and expected end dates ofthe undue hardship period;

(iii) A statement that the employer mayrequire the employee to work up to 84 hoursper workweek for up to four workweeks dur-ing the undue hardship period;

(iv) A statement that the employer mayrequire the employee to work up to 80 hoursper workweek for the remainder of the unduehardship period;

(v) A statement that the employee con-sents to working up to 84 hours perworkweek for up to four workweeks duringthe undue hardship period and up to 80 hoursper workweek for the remainder of the unduehardship period;

(vi) Contact information for the Bureauof Labor and Industries; and

(vii) Any other information required bythe commissioner.

(6) An employer may not coerce an em-ployee into consenting to work more than 55hours in a given workweek.

(7) This section does not apply to:(a) An employee employed in a cannery,

drier or packing plant that is located on afarm and primarily processes productsproduced on the farm;

(b) An employee employed in a cannery,drier or packing plant who is engaged inmanufacturing, as that term is defined inORS 652.020;

(c) An employee employed by a seafoodprocessor, as that term is defined in ORS653.263; or

(d) An employee employed in a cannery,drier or packing plant whose principal dutiesare administrative in nature or who is nototherwise, in the usual course of theemployee’s duties, engaged in the direct pro-cessing of goods.

(8) Subsections (2) to (6) of this sectiondo not apply to employees who are repre-sented by a labor organization for purposesof collective bargaining with their employer,provided limits on the required hours ofwork and overtime payment have beenagreed to between the employer and labororganization, or if no agreement is reached,then, for the purposes of this subsection,such limits and payments shall not bedeemed to be changed from the previous col-lective bargaining agreement between theemployer and labor organization unless theemployees have been locked out or are en-

gaged in a strike or the employer has uni-laterally implemented new terms andconditions of employment.

(9)(a) Notwithstanding ORS 653.256, inaddition to any other penalty provided bylaw, the commissioner may assess the fol-lowing civil penalties against an employer:

(A) $2,000 per violation if the commis-sioner determines the employer coerced anemployee into consenting under subsection(2)(b) of this section to work more than 55hours in any given workweek; and

(B) $3,000 per violation if the commis-sioner determines the employer coerced anemployee into consenting under subsection(5) of this section to work more than 55hours per workweek in any given workweekduring an undue hardship period.

(b) Each violation described in paragraph(a) of this subsection is a separate and dis-tinct offense. In the case of a continuing vi-olation, each workweek’s continuance is aseparate and distinct violation.

(c) Civil penalties authorized by this sub-section shall be imposed in the manner pro-vided in ORS 183.745. All sums collected aspenalties under this subsection shall be ap-plied and paid over as provided in ORS653.256.

(10)(a) In addition to any other remedyprovided by law, an employee has a privatecause of action against an employer if theemployer violates subsection (2) of this sec-tion by requiring the employee to work morethan the applicable limit for the maximumallowable hours of employment in oneworkweek.

(b) If the employee prevails in an actionbrought under this section, the court mayenter judgment against the employer for:

(A) Actual damages or $3,000 per claim,whichever is greater;

(B) Equitable relief; and(C) Liquidated damages in an amount

equal to twice the employee’s overtime wagesearned during the period not allowed undersubsection (2) of this section.

(c) In an action brought under this sec-tion, the court may award to the prevailingplaintiff costs, disbursements and reasonableattorney fees. Any attorney fee agreement issubject to approval by the court. [Amended by1971 c.492 §2; 2017 c.685 §§8,9]

653.268 Overtime for labor directlyemployed by public employers. (1) Labordirectly employed by any public employer asdefined in ORS 243.650 shall be compensated,if budgeted funds for such purpose are avail-able, for overtime worked in excess of 40hours in any one week, at not less than oneand one-half times the regular rate of such



employment. If budgeted funds are not avail-able for the payment of overtime, such over-time shall be allowed in compensatory timeoff at not less than time and a half for em-ployment in excess of 40 hours in any oneweek.

(2) Nothing in this section shall preventa labor organization under the National La-bor Relations Act or ORS 243.650 to 243.782or other employees from negotiating addi-tional overtime pay requirements with apublic employer. [Formerly 279.340]

653.269 Exceptions to ORS 653.268;rules. The provisions of ORS 653.268 relatingto pay for overtime shall not apply to:

(1) Labor employed in forest fire fighting.(2) Employees of any irrigation system

district actually engaged in the distributionof water for irrigation or domestic use.

(3) Employees of a public employer, asdefined in ORS 243.650, who are employed infire protection or law enforcement activities,including security personnel in correctionsinstitutions, as those employees and activ-ities are defined by rule of the Commissionerof the Bureau of Labor and Industries.

(4) Employees of a people’s utility districtorganized under ORS chapter 261.

(5) Employees exempted from overtime:(a) By a public employer as defined in

ORS 243.650 because of the executive, ad-ministrative, supervisory or professional na-ture of their employment as the nature ofsuch employment is defined by rule of theCommissioner of the Bureau of Labor andIndustries; or

(b) By a collective bargaining agreementexpressly waiving application of ORS 653.268.

(6) Employees of a public employer asdefined in ORS 243.650 engaged in the oper-ation of a hospital or an establishment thatis an institution primarily engaged in thecare of persons who are sick or aged or havemental illness or mental retardation and whoreside on the premises if, before performanceof the work and pursuant to an agreementbetween the employer and employee or be-tween the employer and the bargaining rep-resentative of the employees when theemployees are represented under a collectivebargaining agreement, a work period of 14consecutive days is accepted in lieu of theworkweek of seven consecutive days for pur-poses of overtime computation and if, for theemployee’s employment in excess of eighthours in any workday and in excess of 80hours in such 14-day period, the employeereceives compensation at a rate not less thanone and one-half times the rate at which theemployee is employed.

(7) Members of the organized militiawhile on state active duty in accordancewith ORS 399.075. [Formerly 279.342; 2007 c.70 §283]

653.270 [Repealed by 1967 c.596 §15]653.275 [Repealed by 1967 c.596 §15]

653.280 Employer to safeguardemployee’s trade equipment. (1) An em-ployer shall take all reasonable precautionsto safeguard all trade equipment that isowned by an employee and is located onpremises under the employer’s control.

(2) As used in ORS 653.285 and this sec-tion, unless the context requires otherwise:

(a) “Employee” and “employer” have themeaning provided for those terms in ORS652.310.

(b) “Premises” means the place where theemployer and the employee of the employerare engaged in the furtherance of a commonenterprise or the accomplishment of thesame or related purposes in operation.

(c) “Trade equipment” is limited to mu-sical instruments and sound equipment. [1975c.488 §7; 2007 c.71 §206]

653.285 Liability of employer. If anemployee’s trade equipment is damaged uponor stolen from premises under the employer’scontrol as a proximate cause of theemployer’s failure to comply with ORS653.280 the employee has a right to file anaction against the employer, and the em-ployer is liable, for financial settlement as isneeded to repair or replace the equipment.The court may award reasonable attorneyfees to the prevailing party in an action un-der this section. [1975 c.488 §8; 1981 c.897 §91; 1991c.67 §158; 1995 c.618 §112]

653.295 Noncompetition agreements;bonus restriction agreements; applicabil-ity of restrictions. (1) A noncompetitionagreement entered into between an employerand employee is voidable and may not be en-forced by a court of this state unless:

(a)(A) The employer informs the em-ployee in a written employment offer re-ceived by the employee at least two weeksbefore the first day of the employee’s em-ployment that a noncompetition agreement isrequired as a condition of employment; or

(B) The noncompetition agreement is en-tered into upon a subsequent bona fide ad-vancement of the employee by the employer;

(b) The employee is a person described inORS 653.020 (3);

(c) The employer has a protectable inter-est. As used in this paragraph, an employerhas a protectable interest when the em-ployee:

(A) Has access to trade secrets, as thatterm is defined in ORS 646.461;



(B) Has access to competitively sensitiveconfidential business or professional infor-mation that otherwise would not qualify asa trade secret, including product develop-ment plans, product launch plans, marketingstrategy or sales plans; or

(C) Is employed as an on-air talent by anemployer in the business of broadcasting andthe employer:

(i) In the year preceding the terminationof the employee’s employment, expended re-sources equal to or exceeding 10 percent ofthe employee’s annual salary to develop, im-prove, train or publicly promote the em-ployee, provided that the resources expendedby the employer were expended on mediathat the employer does not own or control;and

(ii) Provides the employee, for the timethe employee is restricted from working, thegreater of compensation equal to at least 50percent of the employee’s annual gross basesalary and commissions at the time of theemployee’s termination or 50 percent of themedian family income for a four-person fam-ily, as determined by the United States Cen-sus Bureau for the most recent yearavailable at the time of the employee’s ter-mination; and

(d) The total amount of the employee’sannual gross salary and commissions, calcu-lated on an annual basis, at the time of theemployee’s termination exceeds the medianfamily income for a four-person family, asdetermined by the United States Census Bu-reau for the most recent year available atthe time of the employee’s termination. Thisparagraph does not apply to an employee de-scribed in paragraph (c)(C) of this subsection.

(2) The term of a noncompetition agree-ment may not exceed 18 months from thedate of the employee’s termination. The re-mainder of a term of a noncompetitionagreement in excess of 18 months is voidableand may not be enforced by a court of thisstate.

(3) Subsections (1) and (2) of this sectionapply only to noncompetition agreementsmade in the context of an employment re-lationship or contract and not otherwise.

(4) Subsections (1) and (2) of this sectiondo not apply to:

(a) Bonus restriction agreements, whichare lawful agreements that may be enforcedby the courts in this state; or

(b) A covenant not to solicit employeesof the employer or solicit or transact busi-ness with customers of the employer.

(5) Nothing in this section restricts theright of any person to protect trade secretsor other proprietary information by injunc-

tion or any other lawful means under otherapplicable laws.

(6) Notwithstanding subsection (1)(b) and(d) of this section, a noncompetition agree-ment is enforceable for the full term of theagreement, for up to 18 months, if the em-ployer provides the employee, for the timethe employee is restricted from working, thegreater of:

(a) Compensation equal to at least 50percent of the employee’s annual gross basesalary and commissions at the time of theemployee’s termination; or

(b) Fifty percent of the median family in-come for a four-person family, as determinedby the United States Census Bureau for themost recent year available at the time of theemployee’s termination.

(7) As used in this section:(a) “Bonus restriction agreement” means

an agreement, written or oral, express orimplied, between an employer and employeeunder which:

(A) Competition by the employee withthe employer is limited or restrained aftertermination of employment, but the restraintis limited to a period of time, a geographicarea and specified activities, all of which arereasonable in relation to the services de-scribed in subparagraph (B) of this para-graph;

(B) The services performed by the em-ployee pursuant to the agreement includesubstantial involvement in management ofthe employer’s business, personal contactwith customers, knowledge of customer re-quirements related to the employer’s busi-ness or knowledge of trade secrets or otherproprietary information of the employer; and

(C) The penalty imposed on the employeefor competition against the employer is lim-ited to forfeiture of profit sharing or otherbonus compensation that has not yet beenpaid to the employee.

(b) “Broadcasting” means the activity oftransmitting of any one-way electronic signalby radio waves, microwaves, wires, coaxialcables, wave guides or other conduits ofcommunications.

(c) “Employee” and “employer” have themeanings given those terms in ORS 652.310.

(d) “Noncompetition agreement” meansan agreement, written or oral, express orimplied, between an employer and employeeunder which the employee agrees that theemployee, either alone or as an employee ofanother person, will not compete with theemployer in providing products, processes orservices that are similar to the employer’sproducts, processes or services for a periodof time or within a specified geographic area



after termination of employment. [1977 c.646§2; 1983 c.828 §1; 1985 c.565 §85; 2005 c.22 §459; 2007 c.902§2; 2015 c.429 §1]

653.300 Health benefit plan options forcertain employees; limitation on cost toemployer or health benefit plan for exer-cise of option. (1) Each public or privateemployer in this state which offers its em-ployees a health benefit plan and employsnot fewer than 25 employees, and each em-ployee benefit fund in this state with notfewer than 25 members which offers itsmembers any form of health benefit, shallmake available to and inform its employeesor members of the option to enroll in at leastone health maintenance organization whichprovides health care services in the ge-ographic areas in which a substantial num-ber of such employees or members reside.Where there is a prevailing collective bar-gaining agreement, the selection of thehealth maintenance organizations to be madeavailable to the employees shall be made un-der the agreement.

(2) No employer or benefits fund in thisstate shall be required to pay more for healthbenefits as a result of the application of thissection than would otherwise be required byany prevailing collective bargaining agree-ment or other contract for the provision ofhealth benefits to its employees.

(3) Notwithstanding subsection (1) of thissection, no employer or benefits fund needprovide such an option unless at least 25employees or members agree to participate ina health maintenance organization. [1985 c.747§70]


EMPLOYMENT OF MINORS653.305 Bureau’s inquiry into employ-

ment of minors. The Bureau of Labor andIndustries may at any time inquire intowages or hours or conditions of labor of mi-nors employed in any occupation in this stateand determine suitable hours and conditionsof labor for such minors. [Amended by 1967 c.596§16; 1979 c.886 §3; 1993 c.18 §131; 2013 c.296 §21]

653.307 Annual employment certif-icates; effect of failure by employer tocomply; school districts required to co-operate with bureau; rules. (1) In accor-dance with the applicable provisions of ORSchapter 183, the Bureau of Labor and Indus-tries shall adopt rules governing annual em-ployment certificates required under thissection. After September 9, 1995, the rulesgoverning the total hours a minor can workshall not be more restrictive than the re-

quirements of the federal Fair Labor Stan-dards Act (29 U.S.C. 202, et seq.), unlessotherwise provided by Oregon law.

(2) An employer who hires minors shallapply to the bureau for an annual employ-ment certificate to employ minors. The ap-plication shall be on a form provided by thebureau and shall include, but need not belimited to:

(a) The estimated or average number ofminors to be employed during the year.

(b) A description of the activities to beperformed.

(c) A description of the machinery orother equipment to be used by the minors.

(3) Once a year, the bureau shall provideto all employers applying for an annual em-ployment certificate an information sheetsummarizing all rules and laws governing theemployment of minors.

(4) Failure by an employer to complywith ORS 653.305 to 653.340 or with the reg-ulations adopted by the bureau pursuant tothis section shall subject the employer to re-vocation of the right to hire minors in thefuture at the discretion of the bureau, pro-vided that an employer shall be granted ahearing before the bureau prior to such ac-tion being taken.

(5) All school districts shall cooperatewith the bureau and make available, uponrequest of the bureau, information concern-ing the age and schooling of minors. [1971c.626 §2; 1995 c.133 §1; 2013 c.296 §22]

653.310 Employment certificates onfile; list of minor employees. No child un-der 18 years of age shall be employed orpermitted to work in any employment listedin ORS 653.320 (2) unless the person employ-ing the child keeps on file and accessible tothe school authorities of the district wheresuch child resides, and to the police and theBureau of Labor and Industries, an annualemployment certificate as prescribed by therules adopted by the bureau pursuant to ORS653.307 and keeps a complete list of all suchchildren employed therein. [Amended by 1971c.626 §3; 1995 c.133 §2; 1999 c.59 §194; 2013 c.296 §23]

653.315 Working hours for childrenunder 16 years of age; exceptions;mealtimes; posting notice of hours. (1) Achild under 16 years of age may not be em-ployed for longer than 10 hours for any oneday or more than six days in any one week.The Commissioner of the Bureau of Laborand Industries shall issue special permits forthe employment of children under 16 yearsof age in agriculture for longer than 10 hoursfor any one day when the commissioner de-termines that such hours of work will not bedetrimental to the health and safety of thechildren so employed.



(2)(a) A child under 16 years of age maynot be employed at any work before 7 a.m.or after 7 p.m., except that during the periodbetween June 1 and Labor Day a child under16 years of age may be employed until 9 p.m.

(b) Paragraph (a) of this subsection doesnot apply to a child under 16 years of agewho is:

(A) Employed in agriculture.(B) Employed in youth camps. As used in

this subparagraph, “youth camps” meansthose camps operated and maintained prima-rily for the supervised recreation and educa-tion of youth of either sex during the publicschool vacation periods.

(C) Employed as a newspaper carrier orvendor.

(D) Employed in or about private resi-dences at domestic work, chores and childcare. This exception does not extend to em-ployment in places where child care ortraining is carried on as an occupation.

(3) Every child under 16 years of age isentitled to not less than 30 minutes formealtime and the mealtime may not be in-cluded as part of the work hours of the day.

(4) Every employer of children under 16years of age shall post, in a conspicuousplace where the children are employed, aprinted notice stating the maximum workhours required in one week and in every dayof the week from the children. [Amended by1957 c.419 §1; 1961 c.205 §1; 1981 c.228 §1; 1997 c.453 §1;2005 c.154 §1; 2009 c.104 §1]

653.320 Employment of children under14 years; exceptions. (1) No child under theage of 14 years shall be employed in anywork, or labor of any form for wages or othercompensation to whomsoever payable, duringthe term when the public schools of thetown, district or city in which the child re-sides are in session.

(2) Except as provided in subsections (3)and (4) of this section, no child under 14years of age shall be employed or permittedto work in, or in connection with, any placeof business.

(3) The Bureau of Labor and Industriesmay allow children between the ages of 12and 14 to be employed in any suitable workduring any school vacation extending over aterm of two weeks and may issue permitstherefor. The bureau shall exercise carefuldiscretion as to the character of such em-ployment and its effect on the physical andmoral well-being of the child.

(4) Exceptions may be made by the bu-reau exempting a minor or class of minorsfrom the provisions of this section. [Amendedby 1971 c.625 §1; 2013 c.296 §24]

653.325 [Repealed by 1967 c.527 §3]

653.326 Employment of professionallytrained minors allowed with permit. (1)The Bureau of Labor and Industries may byspecial permit authorize a child under 18years of age to engage in employment other-wise prohibited by law if the child has suc-cessfully completed professional training forsuch employment conducted by any schooldistrict, or training that the bureau consid-ers equivalent thereto, and the child:

(a) Has graduated from high school; or(b) Is employed during such time as pub-

lic schools are not in session for a periodexceeding 30 days.

(2) The bureau or a person authorized bythe bureau shall investigate periodically theconditions of the employment for which aspecial permit has been issued, to determinewhether the permit should be continued.[1967 c.347 §2; 1995 c.343 §51; 2013 c.296 §25]

653.330 Employment of minors in cer-tain logging operations prohibited. Noperson shall employ or allow:

(1) Any person under the age of 18 yearsto act as engineer of or have charge of oroperate any logging engines used in loggingoperations.

(2) Any person under the age of 16 yearsto act in the capacity of giving signals to theengineer in logging operations or receivingand forwarding such signals.

653.335 Employment of minors as ele-vator operators prohibited. No personshall employ or allow any person under theage of 18 years to run, operate or havecharge of, any elevator used for the purposeof carrying either persons or property.

653.340 Employment of minors formessage and delivery service. (1) No per-son under the age of 18 years shall be em-ployed or permitted to work as a messengerfor a telegraph or messenger company oranyone engaged in such a business in thedistribution, transmission or delivery ofgoods or messages before 5 a.m. or after 10p.m.

(2) No person under the age of 16 yearsshall be employed or permitted to work inthe telegraph, telephone or public messengerservice.

653.345 Legislative findings. The Legis-lative Assembly finds that the crops of berryand bean growers in Oregon are imperiled bythe federal law prohibiting the employmentof youthful agricultural workers. Since suit-able replacements for such workers are notavailable, the long established use ofyouthful berry and bean pickers must bepermitted to the extent that it does not in-terfere with interstate commerce and federallaw. The Legislative Assembly further finds



that such agricultural employment ishealthful, a good introduction to the workethic and develops an understanding of therole of agriculture in society. [1975 c.422 §1]

653.350 Employment of children under12 years for certain agricultural labor;conditions. (1) An individual who is lessthan 12 years of age but not less than nineyears of age may be employed to pick berriesand beans in this state outside of schoolhours if:

(a) The individual is employed with theconsent of the child’s parent or guardian;

(b) The berries and beans picked are soldwithin the state only and not transported outof this state in any form;

(c) The Director of the Employment De-partment or the designee of the director cer-tifies that there are not sufficient workersavailable in the immediate area to harvestthe berry or bean crop without the employ-ment of youthful pickers; and

(d) The individual is paid at the samerate as other employees of the employer whoare 12 years of age or older and are engagedin picking berries or beans.

(2) Each basket or container holdingberries, berry products, beans or bean pro-ducts picked by individuals who are less than12 years of age must be distinctively markedso as to prevent the berries, berry products,beans or bean products from entering inter-state commerce. [1975 c.422 §2]

653.355 Exemption of certain employ-ers. Nothing in ORS 653.345, 653.350 and653.355 shall apply to employers which areexempt from the child labor provisions of thefederal Fair Labor Standards Act. [1975 c.422§3]

653.360 Employment of minors in cer-tain boating, fishing and agricultural sit-uations. Notwithstanding any otherprovision of ORS 653.305 to 653.370:

(1) Minors 16 years of age and 17 yearsof age may be employed as assistants onchartered fishing or pleasure boats.

(2) Minors 14 years of age and 15 yearsof age may be employed at dock areas usedby chartered fishing or pleasure boats.

(3) Minors less than 18 years of age maybe employed on commercial fishing vesselswithout an employment permit when em-ployed and supervised by the minor’s grand-father, grandmother, father, mother, brother,sister, uncle or aunt.

(4) Minors 16 years of age and 17 yearsof age may be employed to operate power-driven machinery in connection with theiremployment in the processing of agriculturalcommodities in an agricultural warehouse ona farm by a farmer if each such minor has

completed a training program in the safe op-eration of such machinery as prescribed byrule of the Bureau of Labor and Industriesunder ORS 653.307. [1979 c.626 §2; 1995 c.477 §1;2013 c.296 §26]

653.362 Exemption of minors servingas soccer referees. The provisions of ORS653.305 to 653.370 do not apply to a personunder 18 years of age serving as a referee orassistant referee in a youth or adult recre-ational soccer match. [2001 c.765 §2]

653.365 Civil penalty exemption forunlawful employment of minors by par-ents or persons standing in place of par-ents. The provisions of ORS 653.370 do notapply when minors under 18 years of age areemployed under the following circumstances:

(1) The minor is employed by the parentof the minor; or

(2) The minor is employed by a personstanding in the place of the parent of theminor and who has custody of the minor.[1981 c.820 §3; 1997 c.103 §1]

653.370 Civil penalty for unlawful em-ployment of minors. (1) In addition to anyother penalty provided by law, the Commis-sioner of the Bureau of Labor and Industriesmay impose upon any person who violatesORS 653.305 to 653.370, or any rule adoptedby the Bureau of Labor and Industries underORS 653.305 to 653.370 or 653.400, a civilpenalty not to exceed $1,000 for each vio-lation.

(2) Notwithstanding ORS 183.482, anypetition for review of an order imposing acivil penalty under this section must be filedwithin 30 days following the date the orderupon which the petition is based is served.

(3) Except as otherwise provided in thissection, civil penalties under this sectionshall be imposed as provided in ORS 183.745.

(4) All sums collected as penalties pursu-ant to this section shall be first applied to-ward reimbursement of the costs incurred indetermining the violations, conducting hear-ings under this section and assessing andcollecting such penalties. The remainder, ifany, of the sums collected as penalties pur-suant to this section shall be paid over bythe commissioner to the Department of StateLands for the benefit of the Common SchoolFund of this state. The department shall is-sue a receipt for the money to the commis-sioner.

(5)(a) Notwithstanding subsection (1) ofthis section, the commissioner may not im-pose a civil penalty pursuant to this sectionupon any person who provides evidence sat-isfactory to the commissioner that:

(A) The person has paid a civil penaltyto the United States Department of Labor for



violation of the child labor provisions of thefederal Fair Labor Standards Act (29 U.S.C.201 et seq.); and

(B) The civil penalty involved the samefactual circumstances at issue before thecommissioner.

(b) Notwithstanding subsection (1) of thissection, the commissioner shall refund anycivil penalty previously imposed on and col-lected from any person pursuant to this sec-tion if the person provides evidencesatisfactory to the commissioner that:

(A) The person has paid a civil penaltyto the United States Department of Labor forviolation of the child labor provisions of thefederal Fair Labor Standards Act (29 U.S.C.201 et seq.); and

(B) The civil penalty involved the samefactual circumstances underlying thecommissioner’s imposition of a civil penalty.[1981 c.820 §2; 1985 c.120 §1; 1989 c.706 §20; 1991 c.734§60; 1997 c.103 §2; 2013 c.296 §27]

653.400 Rules. The Bureau of Labor andIndustries may prepare, adopt and promul-gate rules for the carrying into effect of thissection and ORS 653.305 to 653.370, 653.560and 653.565. [Formerly 653.525]

653.403 Visitation rights of bureau;prosecution of offenses against child la-bor laws. (1) The Bureau of Labor and In-dustries or anyone authorized by the bureauin writing may visit any place of business toascertain whether any minors are employedcontrary to ORS 653.310, 653.315, 653.320 and653.340 and the rules adopted by the bureaupursuant to ORS 653.307. The bureau or au-thorized persons shall report any cases of il-legal employment to the proper schoolauthorities and to the district attorney of thecounty. The bureau may require the businessto produce the annual employment certif-icates and lists of minors employed for in-spection.

(2) The bureau shall bring complaints foroffenses under ORS 653.310, 653.315, 653.320and 653.340 to the attention of the properdistrict attorney who shall prosecute suchoffenses. [Formerly 653.545]

653.405 [Repealed by 1971 c.626 §7]

653.410 [Repealed by 1971 c.626 §7]

PREDICTIVE WORK SCHEDULING653.412 Definitions. As used in ORS

653.412 to 653.485, unless the context re-quires otherwise:

(1) “Chain” means an establishment thatis part of an affiliation of two or more es-tablishments within the United States, eachof which is owned by the same person or en-tity and operate under identical or substan-

tially similar trade names or service marks,both as defined in ORS 647.005.

(2)(a) “Employee” means an employee, asdefined in ORS 652.310, who is employed ina retail establishment, a hospitality estab-lishment or a food services establishment andis engaged in providing services relating to:

(A) Retail trade, as that term is used inthe 2012 North American Industry Classi-fication System under code 44-45;

(B) Hotels and motels, as those terms areused in the 2012 North American IndustryClassification System under code 721110, orcasino hotels, as that term is used in the2012 North American Industry ClassificationSystem under code 721120; or

(C) Food services, as that term is used inthe 2012 North American Industry Classi-fication 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 ORS656.850; or

(C) An employee of a business that pro-vides services to or on behalf of an employer.

(3) “Employer” means an employer, or asuccessor to an employer, described in ORS653.422 (1).

(4) “Food services establishment” meansthe fixed point of sale location for establish-ments defined in the 2012 North AmericanIndustry Classification System under code722 as food services and drinking places.

(5) “Hospitality establishment” has themeaning provided in the 2012 North Ameri-can Industry Classification System undercode 721110 for hotels and motels and code721120 for casino hotels.

(6) “On-call shift” means any time thatan employer requires an employee to beavailable to work or to contact the employeror wait to be contacted by the employer forthe purpose of determining whether the em-ployee must report to work. During the shift,on-call status applies regardless of whetherthe employee is located on or off theemployer’s premises.

(7) “Regular rate of pay” means the reg-ular hourly rate or hourly equivalent that anemployer must pay an employee for eachhour the employee works during a givenwork shift, including any shift differentialpay. “Regular rate of pay” does not include:

(a) Tips;(b) Bonuses or other incentive payments;(c) Overtime, holiday pay or other pre-

mium rate; or



(d) Any additional compensation an em-ployer is required to pay an employee underORS 653.442 or 653.455.

(8) “Retail establishment” means thefixed point of sale location for an establish-ment defined in the 2012 North AmericanIndustry Classification System under codes441110 to 453998 as a retail trade establish-ment.

(9) “Shift differential pay” means a paydifferential meant to compensate an em-ployee for work performed under differingconditions, such as for working at night.“Shift differential pay” does not include anyadditional compensation an employer is re-quired to pay an employee under ORS653.442 or 653.455.

(10) “Successor” means a business or en-terprise that is substantially the same entityas the predecessor employer according tocriteria adopted by the Bureau of Labor andIndustries by rule and consistent with federallaw.

(11) “Time of hire” means the period af-ter an offer of employment and acceptanceof the offer of employment and on or beforethe commencement of employment.

(12) “Work schedule” means the hours,days and times, including regular work shiftsand on-call shifts, when an employee is re-quired by an employer to perform duties ofemployment for which the employee will re-ceive compensation.

(13) “Work shift” means the specific andconsecutive hours the employer requires theemployee to work.

(14) “Workweek” means a fixed period oftime established by an employer that reflectsa regularly recurring period of 168 hours orseven consecutive 24-hour periods. Aworkweek may begin on any day of the weekand any hour of the day and need not coin-cide with a calendar week. The beginning ofa workweek may be changed if the change isintended to be permanent.

(15) “Writing” or “written” means aprinted or printable communication in phys-ical or electronic format including a commu-nication that is transmitted throughelectronic mail, text message or a computersystem or is otherwise sent and stored elec-tronically.

(16) “Year” means any fixed, consecutive12-month period of time. [2017 c.691 §2]

Note: 653.412 becomes operative July 1, 2018. Seesection 16, chapter 691, Oregon Laws 2017.

Note: 653.412 to 653.485 were added to and made apart of ORS chapter 653 by legislative action but werenot added to any smaller series therein. See Preface toOregon Revised Statutes for further explanation.

653.415 [Repealed by 1971 c.626 §7]653.420 [Repealed by 1971 c.626 §7]

653.422 Covered employees; integratedenterprises; rules. (1) ORS 653.412 to653.485 apply to an employee who is em-ployed by an employer, as defined in ORS652.310, that is also one or more of the fol-lowing:

(a) A retail establishment that employs500 or more employees worldwide, includingbut not limited to a chain or an integratedenterprise.

(b) A hospitality establishment that em-ploys 500 or more employees worldwide, in-cluding but not limited to a chain or anintegrated enterprise.

(c) A food services establishment thatemploys 500 or more employees worldwide,including but not limited to a chain or anintegrated enterprise.

(2) To determine the number of em-ployees employed by an employer, the calcu-lation shall be based upon the averagenumber of employees employed on eachworking day during each of 20 or moreworkweeks in the current calendar year orimmediately preceding calendar year.

(3) Separate entities that form an inte-grated enterprise are considered a singleemployer under ORS 653.412 to 653.485.Separate entities will be considered an inte-grated enterprise and a single employer un-der ORS 653.412 to 653.485 where a separateentity controls the operation of another en-tity. The factors to consider in determiningwhether separate entities form an integratedenterprise include, but are not limited to:

(a) The degree of interrelation betweenthe operations of multiple entities;

(b) The degree to which the entitiesshare common management;

(c) The degree to which the entities havecentralized control of labor relations; and

(d) The degree of common ownership orfinancial control over the entities.

(4) The Commissioner of the Bureau ofLabor and Industries shall adopt rules in ac-cordance with the provisions of subsection(3) of this section regarding how to deter-mine when separate entities form an inte-grated enterprise for the purposes of ORS653.412 to 653.485. [2017 c.691 §3]


Note: See second note under 653.412.

653.425 [Repealed by 1971 c.626 §7]

653.428 Good faith estimate of workschedule. (1) An employer shall provide anew employee with a written good faith esti-mate of the employee’s work schedule at thetime of hire. The good faith estimate:



(a) Shall state the median number ofhours the employee can expect to work in anaverage one-month period;

(b) Shall explain the voluntary standbylist described in ORS 653.432 and provide thewritten notice required in ORS 653.432;

(c) Shall indicate whether an employeewho is not on the voluntary standby list canexpect to work on-call shifts and, if so, setforth an objective standard for when an em-ployee not listed on the voluntary standbylist may be expected to be available to workon-call shifts; and

(d) May be based on a prior year sched-ule if it is a good faith estimate of seasonalor episodic work.

(2) The employer shall include the goodfaith estimate in the language the employertypically uses to communicate with the em-ployee. [2017 c.691 §4]


Note: See second note under 653.412.653.430 [Repealed by 1971 c.626 §7]

653.432 Voluntary standby list; penal-ties. (1) An employer may maintain astandby list of employees whom the employerwill request to work additional hours to ad-dress unanticipated customer needs or unex-pected employee absences if the listedemployees have requested or agreed in writ-ing to be included on the standby list and theemployer notifies each employee in writing:

(a) That the list is voluntary and how anemployee may request to be removed fromthe list;

(b) How the employer will notify astandby list employee of additional hoursavailable and how an employee may acceptthe additional hours;

(c) That the employee is not required toaccept the additional hours offered; and

(d) That an employee on the standby listis not eligible for additional compensationunder ORS 653.455 for the changes to theemployee’s written work schedule resultingfrom the employee’s acceptance of additionalhours offered to the employee as a result ofbeing on the standby list.

(2) An employer shall provide an em-ployee on the standby list with notice of ad-ditional hours available by in-personconversation, telephone call, electronic mail,text message or other accessible electronicor written format.

(3) An employee who receives notice ofadditional hours available under this sectionmay decline to accept the additional hoursoffered.

(4) An employee who consents to workadditional hours in response to an employer’srequest under this section is not eligible forany additional compensation under ORS653.455 for the resulting change to theemployee’s written work schedule.

(5) An employee may request to be re-moved from the standby list at any time.

(6) An employer may not retaliate againstan employee who:

(a) Does not request or agree to be addedto the standby list;

(b) Requests to be removed from thestandby list; or

(c) Declines an employer’s request thatthe employee work additional hours as a re-sult of the employee being on the standbylist.

(7) In addition to any other penalty pro-vided by law, the Commissioner of the Bu-reau of Labor and Industries may assess acivil penalty not to exceed $2,000 against anemployer that the commissioner finds hascoerced an employee into requesting oragreeing to be added to the standby list inviolation of this section. Each violation is aseparate and distinct offense. In the case ofa continuing violation, each day’s contin-uance is a separate and distinct violation.

(8) The standby list is not a list of em-ployees scheduled for on-call shifts and theemployer is not required to include a list ofemployees on the standby list in the writtenwork schedule described in ORS 653.436.[2017 c.691 §4a]



653.435 [Repealed by 1971 c.626 §7]

653.436 Advance notice of workschedule. (1) An employer shall provide anemployee with a work schedule in writing atleast seven calendar days before the first dayof the work schedule.

(2) The employer shall post the writtenwork schedule in a conspicuous and accessi-ble location, in English and in the languagethe employer typically uses to communicatewith the employees.

(3) The employer shall provide a writtenwork schedule that runs through the lastdate of the posted work schedule in effect atthe time of delivery to:

(a) A new employee on or before theemployee’s first day of work; or

(b) An existing employee on theemployee’s first day of work after a leave ofabsence.



(4) The written work schedule shall in-clude all work shifts and on-call shifts forthe work period.

(5) If the employer requests changes tothe written work schedule after the advancenotice required in this section:

(a) The employer shall provide the em-ployee with timely notice of the change byin-person conversation, telephone call, elec-tronic mail, text message or other accessibleelectronic or written format; and

(b) The employee may decline any workshifts not included in the employee’s writtenwork schedule.

(6) At any time after the advance noticeof written work schedule required in thissection, an employee may request in writingthat the employer add the employee to oneor more work shifts or on-call work shifts.Any changes to the employee’s written workschedule resulting from such employee-requested work schedule changes are notsubject to the advance notice requirementsof this section. [2017 c.691 §5]


Note: The amendments to 653.436 by section 5a,chapter 691, Oregon Laws 2017, become operative July1, 2020. See section 16, chapter 691, Oregon Laws 2017.The text that is operative on and after July 1, 2020, isset forth for the user’s convenience.

653.436. (1) An employer shall provide an employeewith a work schedule in writing at least 14 calendardays before the first day of the work schedule.

(2) The employer shall post the written workschedule in a conspicuous and accessible location, inEnglish and in the language the employer typically usesto communicate with the employees.

(3) The employer shall provide a written workschedule that runs through the last date of the postedwork schedule in effect at the time of delivery to:

(a) A new employee on or before the employee’sfirst day of work; or

(b) An existing employee on the employee’s firstday of work after a leave of absence.

(4) The written work schedule shall include allwork shifts and on-call shifts for the work period.

(5) If the employer requests changes to the writtenwork schedule after the advance notice required in thissection:

(a) The employer shall provide the employee withtimely notice of the change by in-person conversation,telephone call, electronic mail, text message or otheraccessible electronic or written format; and

(b) The employee may decline any work shifts notincluded in the employee’s written work schedule.

(6) At any time after the advance notice of writtenwork schedule required in this section, an employee mayrequest in writing that the employer add the employeeto one or more work shifts or on-call work shifts. Anychanges to the employee’s written work schedule re-sulting from such employee-requested work schedulechanges are not subject to the advance notice require-ments of this section.

Note: See second note under 653.412.653.440 [Repealed by 1971 c.626 §7]

653.442 Right to rest between workshifts. (1) Unless the employee requests orconsents to work such hours, an employermay not schedule or require an employee towork during the following rest periods:

(a) The first 10 hours following the endof the previous calendar day’s work shift oron-call shift; or

(b) The first 10 hours following the endof a work shift or on-call shift that spannedtwo calendar days.

(2) Except as provided in subsection (3)of this section, an employer shall compensatean employee for each hour or portion of anhour that the employee works during a restperiod described in subsection (1) of thissection at one and one-half times theemployee’s regular rate of pay.

(3) Subsection (2) of this section does notapply to any hour or portion of an hour anemployee works during the rest period de-scribed in subsection (1) of this section dur-ing which the employee is engaged inproviding roadside assistance services. Asused in this subsection, “roadsideassistance” means offsite repair assistancerendered to a motorist with a disabled vehi-cle. [2017 c.691 §6]


Note: See second note under 653.412.653.445 [Amended by 1967 c.67 §23; repealed by 1971

c.626 §7]

653.450 Employee right to input intowork schedule. (1) At time of hire and dur-ing employment, an employee may identifyany limitations or changes in the employee’swork schedule availability. The employeemay also request not to be scheduled forwork shifts during certain times or at certainlocations.

(2)(a) An employer may require the em-ployee to provide reasonable verification ofthe need for a request made under subsection(1) of this section.

(b) The employer shall pay any reason-able costs for providing verification that ismedical verification required under this sub-section, including lost wages, that are notpaid under a health benefit plan in which theemployee is enrolled.

(c) Nothing in this subsection is intendedto limit the application of ORS 659A.306.

(3) An employer may not retaliate againstan employee for making a request undersubsection (1) of this section.

(4) An employer is under no obligation togrant an employee’s request under subsection(1) of this section. [2017 c.691 §6a]





653.455 Compensation for work sched-ule changes; exceptions. (1) As used in thissection:

(a) “Group communication” means com-munication to all eligible employees, eitherwritten or oral.

(b) “Ticketed event” means a sporting,entertainment, civic, charitable or otherevent that requires a ticket for admission.The ticket may be electronic, physical or aname on a list held by the event organizer.

(2) An employer shall provide the follow-ing compensation to an employee for eachemployer-requested change that occurs to theemployee’s written work schedule withoutthe advance notice required in ORS 653.436:

(a) One hour of pay at the employee’sregular rate of pay, in addition to wagesearned, when the employer:

(A) Adds more than 30 minutes of workto the employee’s work shift;

(B) Changes the date or start or end timeof the employee’s work shift with no loss ofhours; or

(C) Schedules the employee for an addi-tional work shift or on-call shift.

(b) One-half times the employee’s regularrate of pay per hour for each scheduled hourthat the employee does not work when theemployer:

(A) Subtracts hours from the employee’swork shift before or after the employee re-ports for duty;

(B) Changes the date or start or end timeof the employee’s work shift, resulting in aloss of work shift hours;

(C) Cancels the employee’s work shift; or(D) Does not ask the employee to perform

work when the employee is scheduled for anon-call shift.

(3) The requirements for additional com-pensation in this section do not apply when:

(a) An employer changes the start or endtime of an employee’s work shift by 30 min-utes or less;

(b) An employee mutually agrees withanother employee to employee-initiated workshift swaps or coverage. The employer mayrequire that work shift swaps or coverageunder this paragraph be preapproved by theemployer. The employer may assist em-ployees in finding such arrangements, pro-vided that any employer assistance must belimited to helping an employee identify otheremployees who may be available to providework shift swaps or coverage and may notinclude the employer arranging the workshift swap or coverage;

(c) An employee requests changes to theemployee’s written work schedule, includingadding or subtracting hours, and the em-ployee documents the request in writing;

(d) An employer makes changes to anemployee’s written work schedule at theemployee’s request under ORS 653.436 (6);

(e) An employer subtracts hours from anemployee’s work schedule for disciplinaryreasons for just cause, provided the employerdocuments the incident leading to theemployee’s discipline in writing;

(f) An employee’s work shift or on-callshift cannot begin or continue due to threatsto employees or property or due to the rec-ommendation of a public official;

(g) Operations cannot begin or continuebecause public utilities fail to supply elec-tricity, water or gas or there is a failure inthe public utilities or sewer system;

(h) Operations cannot begin or continuedue to a natural disaster or a similar causenot within the employer’s control, includingwhen the natural disaster or similar causephysically affects the work site;

(i) Operations hours change or are sub-stantially altered because a ticketed event iscancelled, rescheduled or changes in dura-tion due to circumstances that are outsidethe employer’s control and that occur afterthe employer provides the written workschedule under ORS 653.436;

(j) An employer requests that an em-ployee on a voluntary standby list work ad-ditional hours as described in ORS 653.432and the employee consents to work the addi-tional hours; or

(k)(A) An employer requests that an em-ployee work additional hours to address un-anticipated customer needs or unexpectedemployee absence;

(B) The employee consents in writing towork the additional hours;

(C) If the employer maintains a voluntarystandby list described in ORS 653.432, theemployer has contacted all of the employeeslisted on the voluntary standby list and re-quires additional employee coverage; and

(D)(i) If the employee is working a workshift at the time the employer makes the re-quest, the employer makes the request eitherindividually or as part of a group commu-nication; or

(ii) If the employee is not working a workshift at the time the employer makes the re-quest, the employer makes the requestthrough a group communication. [2017 c.691§7]





653.460 Notice and posting require-ments. (1) The Commissioner of the Bureauof Labor and Industries shall make availableto employers a template of a poster givingnotice of the rights described in ORS 653.412to 653.485. The poster must be in English.

(2) Employers shall display the poster atthe workplace. If displaying the poster is notfeasible, including situations in which theemployees work remotely or do not have aregular workplace or job site, the employermay provide the poster on an individual basisin a physical or electronic format that isreasonably conspicuous and accessible. [2017c.691 §8]



653.465 Record retention require-ments. An employer shall retain recordsthat document the employer’s compliancewith ORS 653.412 to 653.485 for three years.[2017 c.691 §9]



653.470 Retaliation prohibited. It is anunlawful practice for an employer to:

(1) Interfere with, restrain, deny or at-tempt to deny the exercise of any right pro-tected under ORS 653.412 to 653.485; or

(2) Retaliate or in any way discriminateagainst an individual with respect to hire ortenure or any other term or condition ofemployment because the individual has in-quired about the provisions of ORS 653.412to 653.485. [2017 c.691 §10]



653.480 Enforcement; right of action;penalties. (1) An employee asserting a vio-lation of ORS 653.470 may file a complaintwith the Commissioner of the Bureau of La-bor and Industries under ORS 659A.820 or acivil action as provided in ORS 659A.885.

(2) The commissioner has the same en-forcement powers with respect to the rightsestablished under this section and ORS653.422, 653.432, 653.436, 653.442, 653.450,653.455, 653.465, 653.470 and 653.485 as areestablished in this chapter and ORS chapter652.

(3) In addition to any other damages pro-vided by law, the commissioner may assess astatutory penalty as follows:

(a) $500 for any violation of ORS 653.460.(b) $1,000 for any violation of ORS

653.422, 653.432, 653.436, 653.442, 653.450,653.455, 653.465 or 653.470.

(4) If the commissioner determines thatthe employer paid the full remedy due, notincluding any statutory penalty, within 14days of service of an order, the commissionershall waive 50 percent of the amount of anystatutory penalty imposed by order underthis section. [2017 c.691 §11]

Note: 653.480 becomes operative January 1, 2019.See section 16, chapter 691, Oregon Laws 2017.


653.485 Legislative intent. Nothing inORS 653.412 to 653.485 is intended to:

(1) Limit employee rights or protectionsotherwise provided by law;

(2) Create an additional remedy for anemployee if a remedy equal to or better thana remedy in ORS 653.442 or 653.455 is re-quired by a collective bargaining agreementor other contract; or

(3) Provide a cause of action to an em-ployee for work schedule changes necessaryto accommodate that employee under stateor federal family or medical leave laws, stateor federal disability laws or ORS 659A.043 or659A.046 or ORS chapter 656. [2017 c.691 §12]



653.490 Local work schedule require-ments; preemption; exceptions. (1) Asused in this section:

(a) “Enact” includes but is not limited toadopt, amend, refer or pass with a delayedoperative or effective date.

(b) “Local government” includes acounty, city, district or other public corpo-ration, authority or entity organized and ex-isting under statute or city or countycharter.

(c) “Work schedule” means the days andtimes during which an employee is requiredby an employer to perform the duties forwhich the employee will receive compensa-tion. “Work schedule” does not include em-ployee time off for medical reasons or sicktime.

(2) The State of Oregon preempts allcharter and statutory authority of local gov-ernments to enact a requirement relating towork schedules.

(3) Notwithstanding subsection (2) of thissection, a local government may set workschedule requirements:

(a) For public employers; and(b) In specifications for public contracts

or subcontracts entered into by the localgovernment. [2015 c.591 §1; 2017 c.691 §14]

Note: 653.490 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 653 or any series therein by legislative



action. See Preface to Oregon Revised Statutes for fur-ther explanation.

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; mealand rest periods; employment conditions;rules. (1) As used in this section:

(a) “Domestic service” means servicesrelated to the care of persons in privatehomes or the maintenance of private homesor their premises.

(b)(A) “Domestic worker” means an indi-vidual who works in the home of anotherperson for the purpose of caring for a child,doing housekeeping or providing other do-mestic service and who is not compensatedwith public funds for the work performed.

(B) “Domestic worker” does not include:(i) A parent or spouse of the employer.(ii) A child of the employer who is under

26 years of age.(iii) Students who regularly attend ele-

mentary or secondary school during the day.(iv) Children, other than children of the

employer, who are under 14 years of age.(v) Children under 18 years of age who

provide babysitting services and persons whoprovide babysitting on a casual basis.

(vi) Persons who perform casual labor inprivate homes or the maintenance of privatehomes or their premises, including but notlimited to yard work, washing windows andshoveling snow.

(vii) Individuals employed by organiza-tions licensed as required by ORS 443.015 or443.315.

(viii) Independent contractors.(ix) Individuals performing

companionship services exempt from the pro-visions of the Fair Labor Standards Act of1938 (29 U.S.C. 201 et seq.).

(x) Persons who perform house sittingduties that do not involve domestic service.

(xi) Persons who provide domestic servicein exchange for an in-kind good or service.

(c) “Employer” means a person that em-ploys another person in this state.

(2) A person employing a domesticworker shall:

(a) Notwithstanding ORS 653.020, pay thedomestic worker an overtime wage at a rateof one and one-half times the worker’s baserate for hours worked in excess of 40 hoursin a workweek, or in excess of 44 hours in aworkweek if the domestic worker lives in thehome of the employer.

(b) Provide the domestic worker at least24 consecutive hours of rest each workweek.If the domestic worker agrees to work on theanticipated day of rest, the employer shallpay the employee the overtime rate specifiedin paragraph (a) of this subsection.

(c) If the domestic worker lives in thehome of the employer, provide at least eightconsecutive hours of rest within each24-hour period and provide a space with ade-quate conditions for uninterrupted sleep.

(d) If the domestic worker lives in thehome of the employer, permit the domesticworker to cook the worker’s own food, sub-ject to reasonable restrictions based on thereligious or health needs of the home’s resi-dents.

(e) If the domestic worker worked an av-erage of at least 30 hours per week duringthe previous year, provide the domesticworker with at least three paid personalleave days off.

(3) Notwithstanding subsection (2)(a) ofthis section, the Commissioner of the Bureauof Labor and Industries shall adopt rules forthe calculation of overtime wages for domes-tic workers during periods of travel andmedical emergencies.

(4) A person that employs a domesticworker may not:

(a) Request that the domestic worker al-low the employer, on either a mandatory orvoluntary basis, to have possession of theworker’s passport.

(b) Engage in unwelcome sexual ad-vances, request sexual favors or engage inother verbal or physical conduct of a sexualnature directed toward a domestic workerwhen:

(A) Submission to the conduct is made,either explicitly or implicitly, a term or con-dition of the domestic worker’s employment;

(B) Submission to or rejection of theconduct by the domestic worker is used asthe basis for employment decisions affectingthe domestic worker; or



(C) The conduct has the purpose or effectof unreasonably interfering with the domes-tic worker’s work performance by creatingan intimidating, hostile or offensive workenvironment.

(c) Subject a domestic worker toharassment based on gender, race, religion,disability, sexual orientation or national ori-gin if the harassment has the purpose or ef-fect of unreasonably interfering with theworker’s work performance by creating anintimidating, hostile or offensive work envi-ronment.

(d) Retaliate or in any way discriminateagainst an individual with respect to hire ortenure or any other term or condition ofemployment because the individual has in-quired about the provisions of this sectionand ORS 653.549 or has reported a violationto, or filed a complaint with, the Bureau ofLabor and Industries alleging a violation ofthis section. [2015 c.457 §1]

Note: 653.547 to 653.553 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 653 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

653.549 Rules. (1) The Bureau of Laborand Industries shall adopt rules necessary forthe implementation and administration ofORS 653.547.

(2) Rules adopted under this section shallinclude, but are not limited to:

(a) Meal periods, rest periods and paidpersonal leave for domestic workers; and

(b) Uninterrupted rest periods of at leasteight hours within each 24-hour period andcompensation for interruptions of rest peri-ods for domestic workers. [2015 c.457 §2]

Note: See note under 653.547.

653.551 Unlawful employment discrim-ination; civil remedies and penalties. (1)Except as provided in subsection (4) of thissection, any violation of ORS 653.547 or rulesadopted under ORS 653.549 by an employeris an unlawful employment practice.

(2) Domestic workers may file complaintsalleging a violation of ORS 653.547 or of arule adopted under ORS 653.549 with theCommissioner of the Bureau of Labor andIndustries in the manner provided by ORS659A.820. The commissioner shall enforceORS 653.547 and the rules adopted underORS 653.549 in the manner provided in ORSchapter 659A regarding other unlawful em-ployment practices.

(3) Violation of ORS 653.547 or of a ruleadopted under ORS 653.549 subjects the vi-olator to the same civil remedies and penal-ties as provided in ORS chapter 659A.

(4) Domestic workers may file complaintsalleging violations of ORS 653.547 (2)(a) un-der ORS 652.310 to 652.414. [2015 c.457 §3]


653.553 Short title. ORS 653.547 to653.551 may be referred to as the DomesticWorkers’ Protection Act. [2015 c.457 §4]


ADMINISTRATION653.560 Authority of Bureau of Labor

and Industries. The Bureau of Labor andIndustries shall administer, execute andcarry out the provisions of ORS 653.010 to653.565 and 653.991. [Formerly 653.520]

653.565 Investigating compliance withrules; prosecution for violation. The Bu-reau of Labor and Industries shall, from timeto time, investigate and ascertain whetheremployers are observing and complying withits rules under ORS 653.010 to 653.565 andtake such steps as may be necessary to pros-ecute employers that are not observing orcomplying with its rules. [Formerly 653.535]

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

SICK LEAVE653.601 Definitions for ORS 653.601 to

653.661. As used in ORS 653.601 to 653.661:(1)(a) “Employee” means an individual

who renders personal services at a fixed rateto an employer if the employer either paysor agrees to pay for personal services orpermits the individual to perform personalservices.

(b) “Employee” includes, but is not lim-ited to:

(A) An individual who is paid on apiece-rate basis or the basis of the numberof operations accomplished or quantityproduced or handled;

(B) Individuals paid on an hourly, salaryor commission basis;

(C) Individuals for whom withholding isrequired under ORS 316.162 to 316.221; and

(D) Home care workers as defined inORS 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 pro-

gram administered under a state or federalassistance program;

(D) A participant in a work-study pro-gram that provides students in secondary orpost-secondary educational institutions withemployment opportunities for financial as-sistance or vocational training;



(E) A railroad worker exempted underthe federal Railroad Unemployment Insur-ance Act; and

(F) An individual employed by thatindividual’s parent, spouse or child.

(2)(a) “Employer” means any person thatemploys one or more employees workinganywhere in this state, a political subdivisionof the state and any county, city, district,authority, public corporation or entity, andany instrumentality of a county, city, dis-trict, authority, public corporation or entity,organized and existing under law or charter.

(b) “Employer” includes an employer lo-cated in a city with a population exceeding500,000.

(c) “Employer” does not include the fed-eral government.

(3)(a) “Employer located in a city with apopulation exceeding 500,000” includes, butis not limited to, an employer that maintainsany office, store, restaurant or establishmentin that city.

(b) “Employer located in a city with apopulation exceeding 500,000” does not in-clude an employer that maintains only aseasonal farm stand or a trailer that is usedtemporarily on a construction site for officepurposes only.

(4) “Family member” has the meaninggiven that term in ORS 659A.150.

(5)(a) “Front-load,” except as provided inparagraph (b) of this subsection, means toassign and make available a certain numberof hours of sick time to an employee as soonas the employee becomes eligible to use sicktime and on the first day of the immediatelysubsequent year without regard to an accrualrate.

(b) For employees employed by an em-ployer for less than a full year, “front-load”means to assign and make available to anemployee as soon as the employee becomeseligible to use sick time a number of hoursof sick time that is the pro rata percentageof the hours the employee would be entitledto for an entire year based on the number ofhours the employee was actually employedby 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 bene-fits, including but not limited to health carebenefits, that the employee earns from theemployer at the time the employee uses thepaid sick time.

(7) “Sick time” means time during whichan employee is permitted to be absent fromwork for a reason authorized under ORS653.616 without a reduction in benefits, in-cluding but not limited to health care bene-fits, that the employee earns from theemployer.

(8) “Year” includes any consecutive12-month period, such as a calendar year, atax year, a fiscal year, a contract year or the12-month period beginning on the anniver-sary of the date of employment of the em-ployee. [2015 c.537 §2; 2017 c.520 §1]

Note: Section 4, chapter 520, Oregon Laws 2017,provides:

Sec. 4. The amendments to ORS 653.601, 653.606and 653.611 by sections 1 to 3 of this 2017 Act apply tohours worked and sick time accrued or used on or afterJanuary 1, 2018. [2017 c.520 §4]

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

653.606 Employee count; paid and un-paid sick time; rules; accrual, use andcarryover amounts. (1)(a) Employers thatemploy at least 10 employees working any-where in this state shall implement a sicktime policy that allows an employee to ac-crue at least one hour of paid sick time forevery 30 hours the employee works or 1-1/3hours for every 40 hours the employee works.Employers may limit the number of hours ofpaid sick time that employees may accrue to40 hours per year.

(b) Employers that employ fewer than 10employees working anywhere in this stateshall implement a sick time policy that al-lows an employee to accrue at least one hourof unpaid sick time for every 30 hours theemployee works or 1-1/3 hours for every 40hours the employee works. Employers maylimit the number of hours of unpaid sicktime that employees may accrue to 40 hoursper year.

(c) Employers that employ at least 10employees working anywhere in this stateand front-load for employees at least 40hours of paid sick time or paid time off atthe beginning of each year used to calculatethe accrual and usage of sick time or timeoff need not comply with subsections (1)(a)and (3) of this section.

(d) Employers that employ fewer than 10employees working anywhere in this stateand front-load for employees at least 40hours of unpaid sick time or unpaid time offat the beginning of each year used to calcu-late the accrual and usage of sick time ortime off need not comply with subsections(1)(b) and (3) of this section.

(2)(a) The number of employees employedby an employer shall be ascertained by de-termining that the per-day average numberof employees is 10 or greater for each of 20workweeks in the calendar year or the fiscal



year of the employer immediately precedingthe year in which the leave is to be taken.

(b) If the business of the employer wasnot in existence for the entire year precedingthe determination made under paragraph (a)of this subsection, the number of employeesshall be based on any 20 workweeks preced-ing the request for sick time, which may in-clude workweeks in the current year, thepreceding year or a combination ofworkweeks in the current year and the pre-ceding year.

(c) As used in this subsection,“employee” does not include an individual orthe parent, spouse or child of an individualwho is:

(A) A director of a corporation who hasa substantial ownership interest in the cor-poration;

(B) A member of a limited liability com-pany who has:

(i) A right to vote on or consent to anymatter submitted to a vote or requiring theconsent of the members of the limited liabil-ity company; and

(ii) A substantial ownership interest inthe limited liability company;

(C) A partner of a limited liability part-nership who has a substantial ownership in-terest in the limited liability partnership; or

(D) A sole proprietor of a business.(d) As used in paragraph (c) of this sub-

section, “substantial ownership interest”means a percentage of ownership equal to orgreater than the average percentage of own-ership of all owners, but not less than 15percent.

(3) An employee shall begin to earn andaccrue sick time on the first day of employ-ment with an employer. The employee maycarry over up to 40 hours of unused sicktime from one year to a subsequent year.However, an employer:

(a) May adopt a policy that limits anemployee to accruing no more than 80 totalhours of sick time; and

(b) May adopt a policy that limits anemployee to using no more than 40 hours ofsick time in a year.

(4)(a) An employer is not required tocarry over unused sick time if, by mutualconsent, the employer and an employee agreethat:

(A) If the employer has 10 or more em-ployees working anywhere in this state, theemployee will be paid for all unused paidsick time at the end of the year in which thesick time is accrued and the employer willcredit the employee with an amount of paidsick time that meets the requirements of this

section on the first day of the immediatelysubsequent year; or

(B) If the employer has fewer than 10employees working anywhere in this state,the employer will credit the employee withan amount of sick time that meets the re-quirements of this section on the first day ofthe immediately subsequent year.

(b) The Commissioner of the Bureau ofLabor and Industries shall adopt rules for thedetermination of the number of employeesemployed by an employer.

(5)(a) An employee is eligible to use sicktime beginning on the 91st calendar day ofemployment with the employer and may usesick time as it is accrued.

(b) An employer may authorize an em-ployee to use accrued sick time prior to the91st calendar day of employment.

(c)(A) An employer that employs 10 ormore employees working anywhere in thisstate shall pay an employee for accrued sicktime used at the regular rate of pay of theemployee.

(B) For an employee who is paid on acommission or piece-rate basis by an em-ployer that employs 10 or more employeesworking anywhere in this state, the employershall pay the employee for accrued sick timeused at a rate equal to at least the minimumwage specified in ORS 653.025.

(C) For an employee who is paid anhourly, weekly or monthly wage and is alsopaid on a piece-rate or commission basis byan employer that employs 10 or more em-ployees working anywhere in this state, theemployer shall pay the employee for accruedsick time used at a rate equivalent to theemployee’s hourly, weekly or monthly wageor equal to the minimum wage specified inORS 653.025, whichever is greater.

(6) An employee who is exempt fromovertime requirements under 29 U.S.C.213(a)(1) of the federal Fair Labor StandardsAct of 1938 is presumed to work 40 hours ineach workweek for the purpose of accrual ofsick time unless the actual workweek of theemployee is less than 40 hours, in which casesick time accrues based on the actualworkweek of the employee.

(7) Nothing in ORS 653.601 to 653.661 re-quires an employer to compensate an em-ployee for accrued unused sick time upon theemployee’s termination, resignation, retire-ment or other separation from employment.

(8) An employer may not require an em-ployee to:

(a) Search for or find a replacementworker as a condition of the employee’s useof accrued sick time; or



(b) Work an alternate shift to make upfor the use of sick time.

(9) Upon mutual consent by the employeeand the employer, an employee may workadditional hours or shifts to compensate forhours or shifts during which the employeewas absent from work without using accruedsick time for the hours or shifts missed.However, the employer may not require theemployee to work additional hours or shiftsauthorized by this subsection. If the em-ployee works additional hours or shifts, theemployer must comply with any applicablefederal, state or local laws regarding over-time pay.

(10) An employee retains accrued sicktime if the employer sells, transfers or oth-erwise assigns the business or an interest inthe business to another employer.

(11)(a) An employer shall restore previ-ously accrued unused sick time to an em-ployee who is reemployed by that employerwithin 180 days of separation from employ-ment with the employer.

(b) If an employee leaves employmentwith an employer before the 91st day of em-ployment and subsequently is reemployed bythat employer within 180 days of separationfrom employment, the employer shall restorethe accrued sick time balance the employeehad when the employee left the employmentof the employer and the employee may useaccrued sick time after the combined totalof days of employment with the employer ex-ceeds 90 calendar days.

(12) If an employee is transferred to aseparate division, entity or location of theemployer but remains employed by that sameemployer, the employee is entitled to use allsick time accrued while working at the for-mer division, entity or location of the em-ployer and is entitled to retain or use all sicktime as provided by ORS 653.601 to 653.661.

(13) Employers located in a city with apopulation exceeding 500,000 shall complywith ORS 653.601 to 653.661, except that:

(a) If an employer located in a city witha population exceeding 500,000 employs atleast six employees working anywhere in thisstate, the employer shall implement a policyconsistent with this section as it applies toemployers with at least 10 employees work-ing anywhere in this state.

(b) If an employer located in a city witha population exceeding 500,000 employs fewerthan six employees working anywhere in thisstate, the employer shall implement a policyconsistent with this section as it applies toemployers with fewer than 10 employeesworking anywhere in this state. [2015 c.537 §3;2017 c.520 §2]


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

653.611 Substantially equivalent poli-cies. (1) An employer with a sick leave pol-icy, paid vacation policy, paid personal timeoff policy or other paid time off program thatis substantially equivalent to or more gener-ous to the employee than the minimum re-quirements of ORS 653.601 to 653.661:

(a) Must, at a minimum, comply with therequirements of ORS 653.601 to 653.661 forthe first 40 hours that the employer’s policyprovides per year; and

(b) Need not comply with the require-ments of ORS 653.601 to 653.661 beyond thefirst 40 hours that the employer’s policy pro-vides per year.

(2) If an employee of an employer thathas a policy for paid sick time, paid vacationleave, paid personal time off or other paidtime off programs has exhausted all paid andunpaid leave available to the employee, theemployer is not obligated to provide addi-tional leave for paid or unpaid sick time asrequired by ORS 653.601 to 653.661. However,the employer may be obligated to providepaid or unpaid sick time by federal or statelaw that provides for paid or unpaid leave forsimilar purposes. [2015 c.537 §4; 2017 c.520 §3]

Note: See note under 653.601.653.615 [1973 c.564 §3; repealed by 1975 c.114 §1]

653.616 Allowable uses of sick time.An employee may use sick time earned underORS 653.606:

(1) For an employee’s mental or physicalillness, injury or health condition, need formedical diagnosis, care or treatment of amental or physical illness, injury or healthcondition or need for preventive medicalcare.

(2) For care of a family member with amental or physical illness, injury or healthcondition, care of a family member whoneeds medical diagnosis, care, or treatmentof a mental or physical illness, injury orhealth condition or care of a family memberwho needs preventive medical care.

(3) Notwithstanding ORS 659A.153, forany other purpose specified in ORS 659A.159.

(4) For a purpose specified in ORS659A.272, notwithstanding ORS 659A.270 (1).

(5) To donate accrued sick time to an-other employee if the other employee usesthe donated sick time for a purpose specifiedin this section and the employer has a policythat allows an employee to donate sick timeto a coworker for a purpose specified in thissection.

(6) In the event of a public health emer-gency. For purposes of this subsection, apublic health emergency includes, but is notlimited to:



(a) Closure of the employee’s place ofbusiness, or the school or place of care of theemployee’s child, by order of a public officialdue to a public health emergency;

(b) A determination by a lawful publichealth authority or by a health care providerthat the presence of the employee or thefamily member of the employee in the com-munity would jeopardize the health of others,such that the employee must provide selfcare or care for the family member; or

(c) The exclusion of the employee fromthe workplace under any law or rule thatrequires the employer to exclude the em-ployee from the workplace for health rea-sons. [2015 c.537 §6]

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

653.621 Minimum use increments; no-tice to employer; rules. (1)(a) Upon requestof an employee with accrued sick time avail-able, an employer must allow the employeeto use sick time. If possible, the employeeshall include the anticipated duration of thesick time requested in the request.

(b) Sick time earned under ORS 653.606shall be taken in hourly increments unless:

(A) To do so would impose an unduehardship on the employer; and

(B) The employer has a policy or combi-nation of policies that allows an employee touse at least 56 hours of paid leave per yearthat may be taken in minimum incrementsof four hours and may be used for the pur-poses specified in ORS 653.616.

(c) The Commissioner of the Bureau ofLabor and Industries shall adopt rules for theimplementation and administration of thissubsection. The rules adopted shall include,but need not be limited to, criteria for es-tablishment of undue hardship under thissection that are based on the difficulty ofsecuring a replacement worker while allow-ing the employer to apply a consistent policyto all employees.

(2) An employer may require the em-ployee to comply with the employer’s usualand customary notice and procedural re-quirements for absences or for requestingtime off if those requirements do not inter-fere with the ability of the employee to usesick time.

(3) If the need to use sick time is fore-seeable:

(a) The employer may require reasonableadvance notice of the employee’s intention touse sick time, not to exceed 10 days prior tothe date the sick time is to begin or as soonas otherwise practicable; and

(b) The employee shall make a reasonableattempt to schedule the use of sick time in

a manner that does not unduly disrupt theoperations of the employer.

(4) If the need to use sick time is un-foreseeable, the employee shall provide no-tice to the employer as soon as practicableand must comply generally with theemployer’s notice or procedural requirementsfor requesting or reporting other time off ifthose requirements do not interfere with theability of the employee to use sick time. [2015c.537 §7]

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

653.626 Medical verification. (1)(a) If anemployee takes more than three consecutivescheduled workdays of sick time for a pur-pose described in ORS 653.616 (1) to (4), anemployer may require the employee to pro-vide verification from a health care providerof the need for the sick time, or certificationof the need for leave for purposes of ORS659A.272 as provided in ORS 659A.280.

(b) If the need for sick time is foreseeableand is projected to last more than threescheduled workdays and an employee is re-quired to provide notice under ORS 653.621,the employer may require that verificationor certification be provided before the sicktime commences or as soon as otherwisepracticable.

(c) If the employee commences sick timewithout providing prior notice required bythe employer under ORS 653.621:

(A) Medical verification shall be providedto the employer within 15 calendar days afterthe employer requests the verification; or

(B) Certification provided as specified inORS 659A.280 shall be provided to the em-ployer within a reasonable time after theemployee receives the request for certifica-tion.

(2) The employer shall pay any reason-able costs for providing medical verificationor certification required under this section,including lost wages, that are not paid undera health benefit plan in which the employeeis enrolled.

(3)(a) An employer may not require thatthe verification or certification required un-der this section explain the nature of the ill-ness or details related to the domesticviolence, sexual assault, harassment, orstalking that necessitates the use of sicktime.

(b) If an employer suspects that an em-ployee is abusing sick time, including engag-ing in a pattern of abuse, the employer mayrequire verification from a health care pro-vider of the need of the employee to use sicktime, regardless of whether the employee hasused sick time for more than three consec-utive days. As used in this paragraph, “pat-tern of abuse” includes, but is not limited to,



repeated use of unscheduled sick time on oradjacent to weekends, holidays, vacationdays or paydays.

(4) As used in this section, “health careprovider” has the meaning given that termin ORS 659A.150. [2015 c.537 §8]

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

653.631 Accrual amount records. (1)An employer shall:

(a) Provide written notification at leastquarterly to each employee of the amount ofaccrued and unused sick time available foruse by the employee. Inclusion of the amountof accrued and used sick time on the state-ment required under ORS 652.610 meets therequirements of this paragraph.

(b) Provide written notice of the require-ments of ORS 653.601 to 653.661 to each em-ployee in accordance with rules adopted bythe Commissioner of the Bureau of Laborand Industries.

(2) The notices provided under this sec-tion must be in the language the employertypically uses to communicate with the em-ployee.

(3) The Bureau of Labor and Industriesshall make available to employers a templatethat meets the required notice provisions ofthis section.

(4) Health information of an employeerelated to sick time is confidential and maynot be released without the permission of theemployee. Information pertaining to leaveunder ORS 659A.272 that is provided by anemployee in accordance with ORS 653.601 to653.661 is confidential as provided in ORS659A.280. [2015 c.537 §9]

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

653.636 Minimum requirements. ORS653.601 to 653.661 establish minimum re-quirements pertaining to sick time and maynot be construed to preempt, limit or other-wise affect the applicability of any employerpolicy, standard or collective bargainingagreement that provides for greater use ofpaid or unpaid sick time. [2015 c.537 §10]

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

653.641 Unlawful practices. It is an un-lawful practice for an employer or any otherperson to:

(1) Deny, interfere with, restrain or failto pay for sick time to which an employee isentitled under ORS 653.601 to 653.661;

(2) Retaliate or in any way discriminateagainst an employee with respect to anyterm or condition of employment because the

employee has inquired about the provisionsof ORS 653.601 to 653.661, submitted a re-quest for sick time, taken sick time, partic-ipated in any manner in an investigation,proceeding or hearing related to ORS 653.601to 653.661, or invoked any provision of ORS653.601 to 653.661; or

(3) Apply an absence control policy thatincludes sick time absences covered underORS 653.601 to 653.661 as an absence thatmay lead to or result in an adverse employ-ment action against the employee. [2015 c.537§11]

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

653.646 Multiemployer exception;mandate to establish sick time policy forhome care workers. (1) The requirementsof ORS 653.601 to 653.661 do not apply to anemployee:

(a) Whose terms and conditions of em-ployment are covered by a collective bar-gaining agreement;

(b) Who is employed through a hiringhall or similar referral system operated bythe labor organization or a third party; and

(c) Whose employment-related benefitsare provided by a joint multiemployer-employee trust or benefit plan.

(2)(a) The Home Care Commission cre-ated under ORS 410.602 shall establish a paidsick time policy for consumer employed homecare workers.

(b) A policy for paid sick time for con-sumer employed home care workers imple-mented by the Home Care Commission thatallows an eligible home care worker to ac-crue and use up to 40 hours of paid time offa year, including but not limited to sick time,is deemed to meet the requirements of ORS653.601 to 653.661 and is exempt from theprovisions of ORS 653.601 (6), 653.606 (5),653.611, 653.621, 653.626 and 653.631.

(3) As used in this section, “consumeremployed home care worker” has the mean-ing given the term “home care worker” inORS 410.600. [2015 c.537 §12]

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

653.651 Enforcement. (1) An employeeasserting a violation of ORS 653.641 (2) or (3)may file a complaint with the Commissionerof the Bureau of Labor and Industries underORS 659A.820 or a civil action as providedin ORS 659A.885.

(2) The commissioner has the same en-forcement powers with respect to the rightsestablished under ORS 653.601 to 653.661 as



are established in ORS chapters 652 and 653.[2015 c.537 §13]

653.655 [1973 c.564 §13; repealed by 1975 c.114 §1]

653.656 Rules. The Commissioner of theBureau of Labor and Industries:

(1) Shall enforce the provisions of ORS653.601 to 653.661; and

(2) May adopt rules necessary for theimplementation and enforcement of ORS653.601 to 653.661. [2015 c.537 §14]

653.661 Preemption. The State of Ore-gon preempts all charter and statutory au-thority of local governments as defined inORS 174.116 to set any sick leave require-ments. [2015 c.537 §15]

653.675 [1973 c.564 §14; repealed by 1975 c.114 §1]653.680 [1973 c.564 §15; repealed by 1975 c.114 §1]653.685 [1973 c.564 §17; repealed by 1975 c.114 §1]653.690 [1973 c.564 §18; repealed by 1975 c.114 §1]653.695 [1973 c.564 §19; repealed by 1975 c.114 §1]653.700 [1973 c.564 §20; repealed by 1975 c.114 §1]653.705 [1987 c.591 §2; 1997 c.170 §35; renumbered

735.700 in 2001]653.715 [1987 c.591 §1; 1997 c.170 §36; 1999 c.547 §1;

2001 c.943 §19; renumbered 735.702 in 2001]653.717 [1989 c.381 §1; repealed by 1999 c.547 §9]653.725 [1987 c.591 §3; 1989 c.381 §17; renumbered

735.704 in 2001]653.735 [1987 c.591 §5; renumbered 735.708 in 2001]653.745 [1987 c.591 §§6,7; 1997 c.170 §37; 1999 c.547

§2; 2001 c.943 §20; renumbered 735.710 in 2001]653.747 [1993 c.815 §34; 1999 c.547 §3; renumbered

735.712 in 2001]653.748 [1989 c.381 §2; 1993 c.18 §137; repealed by

1999 c.547 §9]653.750 [1989 c.381 §16a; repealed by 1999 c.547 §9]

653.755 [1987 c.591 §8; repealed by 1999 c.547 §9]653.765 [1987 c.591 §9; 1989 c.171 §75; 1989 c.381 §4;

1997 c.170 §38; repealed by 1999 c.547 §9]653.767 [1989 c.1092 §2; renumbered 279.315 in 1993]653.770 [1989 c.381 §5a; repealed by 1995 c.79 §329]653.775 [1987 c.591 §10; 1989 c.381 §5; 1993 c.815 §36;

1997 c.170 §39; repealed by 1999 c.547 §9]653.785 [1987 c.591 §11; 1997 c.170 §40; repealed by

1999 c.547 §9]653.800 [1997 c.683 §2; 1999 c.634 §1; renumbered

735.720 in 2001]653.805 [1997 c.683 §3; renumbered 735.722 in 2001]653.810 [1997 c.683 §5; 1999 c.634 §2; renumbered

735.724 in 2001]653.815 [1997 c.683 §6; 1999 c.634 §3; renumbered

735.726 in 2001]653.820 [1997 c.683 §7; 1999 c.634 §4; renumbered

735.728 in 2001]653.825 [1997 c.683 §8; renumbered 735.730 in 2001]653.830 [1997 c.683 §9; renumbered 735.732 in 2001]653.835 [1997 c.683 §4; renumbered 735.734 in 2001]653.840 [1997 c.683 §11; renumbered 735.736 in 2001]653.845 [1997 c.683 §12; renumbered 735.738 in 2001]653.850 [1997 c.683 §10; 1999 c.634 §5; renumbered

735.740 in 2001]653.990 [Subsections (1) and (2) enacted as 1967

c.596 §14; repealed by 1971 c.626 §7]

PENALTIES653.991 Penalties. Violation of any pro-

vision of this section or ORS 653.010 to653.565 or of any rule adopted by the Bureauof Labor and Industries under ORS 653.307is punishable as a misdemeanor. [1971 c.626 §6;1993 c.18 §138; 2013 c.296 §28]

653.992 [1973 c.564 §16; repealed by 1975 c.114 §1]


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