Where state and federal laws address the same issue, the stricter standard applies. The following is a summary of some of the provisions of state and federal regulations pertaining to employment in restaurants and fast food establishments. An employee will qualify for exemption if all pertinent tests related to duties, responsibilities and salary are met.
State law prohibits using tips to calculate the amount of Oregon's minimum wage.
This means that all employers in Oregon must pay the full amount of minimum wage without benefit of a tip credit. All tips must remain the property of the employee except to the extent that there is a valid pooling arrangement. Applications for annual employment certificates are available at all BOLI offices. The employer must maintain a record of the birth date for employees under 19 years of age. There are no restrictions for employees 18 or over.