reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 652 - Hours; Wages; Wage Claims; Records › Section 652.990 - Criminal penalties.

(1) Violation of ORS 652.020 (5)(b) or (d) is a Class A violation. Every day’s violation is deemed a separate offense.
(2) Any person, body corporate, general manager or employer who violates ORS 652.040 or causes ORS 652.040 to be violated commits a Class C misdemeanor.
(3) Violation of ORS 652.110 or 652.120 is a Class A violation.
(4) Violation of ORS 652.130 by any employer is a Class C misdemeanor.
(5) In addition to the civil damages recoverable under ORS 652.230, violation of ORS 652.210 to 652.235 is a Class A misdemeanor.
(6) The violation of ORS 652.240 is a Class A misdemeanor.
(7) Violation of ORS 652.355 is a Class C misdemeanor.
(8) Violation of ORS 652.610 or 652.620 is a Class D violation.
(9) Willful violation of ORS 652.635 or 652.640 by a producer or agent of the producer is a Class A misdemeanor.
(10) Violation of any of the provisions of ORS 652.710 or 652.720 by any employer is a Class A violation. [Subsection (5) enacted as 1955 c.193 §4; subsection (6) enacted as 1957 c.243 §2; subsection (9) formerly 655.990; subsection (8) enacted as 1969 c.572 §4; 1975 c.397 §5; 1999 c.1051 §215; 2011 c.597 §265; 2017 c.685 §14; 2022 c.22 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.010 - Definitions for ORS 653.010 to 653.261.

As used in ORS 653.010 to 653.261, unless the context requires otherwise:
(1) "Commissioner" means the Commissioner of the Bureau of Labor and Industries.
(2) "Employ" includes to suffer or permit to work but does not include voluntary or donated services performed for no compensation or without expectation or contemplation of compensation as the adequate consideration for the services performed for a public employer referred to in subsection (3) of this section, or a religious, charitable, educational, public service or similar nonprofit corporation, organization or institution for community service, religious or humanitarian reasons or for services performed by general or public assistance recipients as part of any work training program administered under the state or federal assistance laws.
(3) "Employer" means any person who employs another person including the State of Oregon or a political subdivision thereof or any county, city, district, authority, public corporation or entity and any of their instrumentalities organized and existing under law or charter.
(4) "Minor" means any person under 18 years of age.
(5) "Occupation" means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which employees are gainfully employed.
(6) "Organized camp" means a day or resident camp, whether or not operated for profit, established to give campers recreational, creative, religious or educational experience in cooperative group living wherein the activities are conducted on a closely supervised basis, whether or not the camp is used primarily by an organized group or by members of the public and whether or not the activities or facilities are furnished free of charge or for the payment of a fee.
(7) "Outside salesperson" means any employee who is employed for the purpose of and who is customarily and regularly engaged away from the employer’s place or places of business in making sales, or obtaining orders, or obtaining contracts for services and whose hours of work of any other nature for the employer do not exceed 30 percent of the hours worked in the workweek by the nonexempt employees of the employer.
(8) "Piece-rate" means a rate of pay calculated on the basis of the quantity of the crop harvested.
(9) "Salary" means no less than the wage set pursuant to ORS 653.025, multiplied by 2,080 hours per year, then divided by 12 months.
(10) "Wages" means compensation due to an employee by reason of employment, payable in legal tender of the United States or check on banks convertible into cash on demand at full face value, subject to such deductions, charges or allowances as are permitted in ORS 653.035.
(11) "Work time" includes both time worked 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]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.017 - Local minimum wage requirements; preemption; exceptions.

(1) As used in this section:
(a) "Local government" includes a county, city, district or other public corporation, authority or entity organized and existing under statute or city or county charter.
(b) "Public employer" means a political subdivision of the State of Oregon, including counties, cities, districts, as defined in ORS 198.010 and 198.180, and public and quasi-public corporations.
(2) Except as provided in subsection (3) of this section, the State of Oregon preempts all charter and statutory authority of local governments to set any minimum wage requirements.
(3) A local government may set minimum wage 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 government providing direct tax abatements or subsidies for private employers with 10 or more employees. [2001 c.967 §1]
Note:
653.017 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.022 - "Piece-rate-work-day" defined for ORS 653.020.

As used in ORS 653.020 (1), "piece-rate-work-day" means any day during which an employee performs any agricultural labor on a piece-rate basis for not less than one hour. For the purposes of this section, "employee" does not include any individual
employed by an employer in agriculture if such individual is the parent, spouse, child or other member of the employer’s immediate family. [1971 c.758 §2; 1989 c.446 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.026 - "Nonurban county" defined for ORS 653.025.

For purposes of ORS 653.025, "nonurban county" means any of the following 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 Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.027 - Wage rate for persons under 18 years of age in agriculture.

An employer who employs individuals under 18 years of age in agricultural labor and who pays such individuals by the amount of work produced or services rendered shall pay such individuals the same rate of payment for the work produced or services required as paid to individuals 18 years of age or older. [1973 c.403 §2; 1993 c.18 §130]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.030 - Commissioner may prescribe lower rates in certain cases; rules.

The Commissioner of the Bureau of Labor and Industries shall issue rules prescribing the employment of other types of persons at fixed minimum hourly wage rates lower than the minimum wage rate required by ORS 653.025, when the commissioner has determined that the application of ORS 653.025 would substantially curtail opportunities for employment for specific types of persons. The types of persons for whom a minimum hourly wage rate may be set are limited to persons who are student-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; 2019 c.371 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.033 - Schedule to increase certain subminimum wage rates for individuals with disabilities.

(1) An employer who is authorized to employ individuals with disabilities at subminimum wage pursuant to a special certificate issued under 29 U.S.C. 214(c) or in accordance with rules under ORS 653.030 or of the Department of Human Services may not employ or agree to employ individuals with disabilities at an hourly rate lower than:
(a) From July 1, 2020, to June 30, 2021, $9.25.
(b) From July 1, 2021, to June 30, 2022, $10.75.
(c) From July 1, 2022, to June 30, 2023, $12.50.
(2) After June 30, 2023, an employer who is authorized to employ individuals with disabilities at subminimum wage pursuant to a special certificate issued under 29 U.S.C. 214(c) or in accordance with rules under ORS 653.030 or of the Department of Human Services may not employ or agree to employ individuals with disabilities at a rate lower than the hourly rate required under ORS 653.025. [2019 c.371 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.035 - Deducting value of lodging, meals and other benefits furnished by employer; treatment of commissions and tips.

(1) Employers may deduct from the minimum wage to be paid employees under ORS 653.025, 653.030 or 653.261, the fair market value of lodging, meals or other facilities or services furnished by the employer for the private benefit of the employee.
(2) Employers may include commission payments to employees as part of the applicable minimum wage for any pay period in which the combined wage and commission earnings of the employee will comply with ORS 653.010 to 653.261. In any pay period where the combined wage and commission payments to the employee do not add up to the applicable minimum wage under ORS 653.010 to 653.261, the employer shall pay the minimum rate as prescribed in ORS 653.010 to 653.261.
(3) Employers, including employers regulated under the federal Fair Labor Standards Act, may not include any amount received by employees as tips in determining the amount of the minimum wage required to be paid by ORS 653.010 to 653.261. [1967 c.596 §§6, 7; 1977 c.238 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.040 - Powers of commissioner; rules.

The Commissioner of the Bureau of Labor and Industries, in addition to the commissioner’s other powers, may:
(1) Investigate and ascertain the wages of persons employed in any occupation or place of employment in the state.
(2) Require from an employer statements, including sworn statements, with respect to wages, hours, names and addresses and such other information pertaining to the employer’s employees or their employment as the commissioner considers necessary to carry out ORS 653.010 to 653.261.
(3) Make such rules as the commissioner considers appropriate to carry out the purposes of ORS 653.010 to 653.261, or necessary to prevent the circumvention or evasion of ORS 653.010 to 653.261 and to establish and safeguard the minimum wage rates provided for under ORS 653.010 to 653.261. [1967 c.596 §8; 1985 c.99 §4; 2003 c.2 §2; 2005 c.22 §458]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.045 - Records to be kept by employers; itemization of deductions from wages.

(1) Every employer required by ORS 653.025 or by any rule, order or permit issued under ORS 653.030 to pay a minimum wage to any of the employer’s employees shall make and keep available to the Commissioner of the Bureau of Labor and Industries for not less than two years, a record or records containing:
(a) The name, address and occupation of each of the employer’s employees.
(b) The actual hours worked each week and each pay period by each employee.
(c) Such other information as the commissioner prescribes by the commissioner’s rules if necessary or appropriate for the enforcement of ORS 653.010 to 653.261 or of the rules and orders issued thereunder.
(2) Each employer shall keep the records required by subsection (1) of this section open for inspection or transcription by the commissioner or the commissioner’s designee at any reasonable time.
(3) Every employer of one or more employees covered by ORS 653.010 to 653.261 shall supply each of the employer’s employees with itemized statements of amounts and purposes of deductions in the manner provided in ORS 652.610. [1967 c.596 §9; 1985 c.99 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.050 - Employers to post summary of law and rules; Bureau of Labor and Industries to furnish summaries and copies.

Every employer required by ORS 653.025 or by any rules, orders or permit issued under ORS 653.030 or 653.261 to pay a minimum wage to any of the employer’s employees shall keep summaries of ORS 653.010 to 653.261 and summaries of all rules adopted by the Commissioner of the Bureau of Labor and Industries pursuant to ORS 653.010 to 653.261 and 653.307 posted in a conspicuous and accessible place in or about the premises where the employees are employed. Employers may obtain the summaries from the website of the Bureau of Labor and Industries or upon request from the bureau, the first copy of which shall be furnished without charge. In addition, upon request, the bureau shall furnish the complete text of all rules adopted pursuant to ORS 653.010 to 653.261 and 653.307 to any employer without charge. [1967 c.596 §10; 1977 c.238 §4; 1985 c.99 §6; 2011 c.348 §4; 2013 c.296 §20]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.055 - Liability of noncomplying employer; contrary agreements no defense; wage claims; suits to enjoin future violations; attorney fees.

(1) Any employer who pays an employee less than the wages to which the employee is entitled under ORS 653.010 to 653.261 or 653.272 is liable to the employee affected:
(a) For the full amount of the wages, less any amount actually paid to the employee by the employer; and
(b) For civil penalties provided in ORS 652.150.
(2) Any agreement between an employee and an employer to work at less than the wage rate required by ORS 653.010 to 653.261 or 653.272 is no defense to an action under subsection (1) of this section.
(3) The Commissioner of the Bureau of Labor and Industries has the same powers and duties in connection with a wage claim based on ORS 653.010 to 653.261 and 653.272 as the commissioner has under ORS 652.310 to 652.445 and in addition the commissioner may, without the necessity of assignments of wage claims from employees, initiate suits against employers to enjoin future failures to pay required minimum wages or overtime pay and to require the payment of minimum wages and overtime pay due employees but not paid as of the time of the filing of suit. The commissioner may join in a single proceeding and in one cause of suit any number of wage claims against the same employer. If the commissioner does not prevail in such action, the commissioner shall pay all costs and disbursements from the Bureau of Labor and Industries Account.
(4) The court may award reasonable attorney fees to the prevailing party in any action brought by an employee under this section. [1967 c.596 §11; 1977 c.513 §1; 1981 c.850 §2; 1981 c.897 §90; 1985 c.99 §7; 1995 c.618 §111; 2022 c.115 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.060 - Discharging or discriminating against employee prohibited.

(1) An employer may not discharge or in any other manner discriminate against an employee because:
(a) The employee has inquired about the provisions of ORS 653.010 to 653.261 or 653.265 or has reported a violation of or filed a complaint related to ORS 653.010 to 653.261 or 653.265.
(b) The employee has caused to be instituted or is about to cause to be instituted any proceedings under or related to ORS 653.010 to 653.261 or 653.265.
(c) The employee has testified or is about to testify in any such proceedings.
(2) A violation of this section is an unlawful employment practice under ORS chapter 659A. A person unlawfully discriminated against under this section may file a complaint under ORS 659A.820 with the Commissioner of the Bureau of Labor and Industries. [1967 c.596 §12; 2007 c.278 §2; 2017 c.685 §4]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.065 - Application of Administrative Procedures Act.

(1) All proceedings under ORS 653.010 to 653.261 shall be conducted in compliance with ORS chapter 183.
(2) All rules of the Commissioner of the Bureau of Labor and Industries under ORS 653.010 to 653.261 shall be issued in compliance with ORS chapter 183. [1967 c.596 §13; 1985 c.99 §8]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.075 - Legislative findings on breast-feeding.

The Legislative Assembly finds that:
(1) Women with infants and toddlers are the fastest growing sector of today’s labor force, with at least 50 percent of pregnant women who are employed returning to work by the time their children are three months old.
(2) The American Academy of Pediatrics recommends that every child be breast-fed for at least the first 12 months of life and urges that arrangements be made for expressing breast milk if the mother and child are separated.
(3) Women who wish to continue breast-feeding after returning to work have relatively simple needs. These needs include a clean, convenient, private location to express milk at the work site and adequate break time in which to do so. [2005 c.466 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.079 - Advisory committee on expressing milk in workplace; membership; duties.

(1) The Commissioner of the Bureau of Labor and Industries shall appoint an advisory committee. The advisory committee must include equal representation of members from labor and management.
(2) Upon request by a particular industry or profession, the advisory committee shall:
(a) Determine when the ordinary course of the requesting industry or profession makes compliance with ORS 653.077 difficult for an employer in that industry or profession; and
(b) Submit to the commissioner recommendations for rules that address compliance difficulties in that industry or profession.
(3) The commissioner shall determine the terms and organization of the advisory committee.
(4) All agencies of state government, as defined in ORS 174.111, are directed to assist the advisory committee in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the advisory committee consider necessary to perform their duties. [2007 c.144 §4]
Note:
653.079 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.256 - Civil penalty for general employment statute or rule violations.

(1) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed $1,000 against any person that willfully violates ORS 653.025, 653.030, 653.045, 653.050, 653.060, 653.261, 653.265, 653.272, 653.606, 653.611, 653.616, 653.621, 653.626, 653.631 or 653.636 or section 5, chapter 537, Oregon Laws 2015, or any rule adopted thereunder.
(2) In addition to any other penalty provided by law, the commissioner may assess a civil penalty not to exceed $1,000 against any person that intentionally violates ORS 653.077 or any rule adopted thereunder.
(3) Civil penalties authorized by this section shall be imposed in the manner provided in ORS 183.745.
(4)(a) All sums collected as penalties under this section shall be first applied toward reimbursement of costs incurred in determining the violations, conducting hearings under this section and addressing and collecting the penalties.
(b) The remainder, if any, of the sums collected as penalties under subsection (1) of this section shall be paid over by the commissioner to the Department of State Lands for the benefit of the Common School Fund of this state. The department shall issue a receipt for the money to the commissioner.
(c) The remainder, if any, of the sums collected as penalties under subsection (2) of this section shall be paid over by the commissioner to the Department of Human Services for the benefit of the Breastfeeding Mother Friendly Employer Project. The department shall issue a receipt for the moneys to the commissioner. [1997 c.314 §2; 2001 c.690 §3; 2007 c.144 §2; 2015 c.537 §17; 2017 c.685 §5; 2022 c.115 §6]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.263 - Overtime for persons employed by seafood processors.

(1) As used in this section:
(a) "Seafood processor" means a cannery, drier or packing plant that processes seafood.
(b) "Workweek" means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. A workweek may begin on any day of the week and any hour of the day and need not coincide with a calendar week. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade overtime requirements.
(2) An employer may not require or permit an employee employed by a seafood processor to work more than 10 hours in any one day unless the employer compensates the employee as follows:
(a) One and one-half times the employee’s regular rate of pay for each hour the employee works over 10 hours in any one day if the employee is an hourly employee; or
(b) One and one-half times the regular price for all work done during the time the employee is employed over 10 hours per day if the employee is a piece worker.
(3) This section does not apply to:
(a) An employee who is engaged in manufacturing, as defined in ORS 652.020; or
(b) An employee whose principal duties are administrative in nature or who does not otherwise, in the usual course of the employee’s duties, come into contact with the direct processing of goods. [2017 c.685 §10]
Note:
653.263 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.268 - Overtime for labor directly employed by public employers; special provisions for correctional facility nursing staff.

(1) Labor directly employed by any public employer as defined in ORS 243.650 shall be compensated, if budgeted funds for such purpose are available, for overtime worked in excess of 40 hours in any one week, at not less than one and one-half times the regular rate of such employment. If budgeted funds are not available for the payment of overtime, such overtime shall be allowed in compensatory time off at not less than time and a half for employment in excess of 40 hours in any one week.
(2) Nothing in this section shall prevent a labor organization under the National Labor Relations Act or ORS 243.650 to 243.809 or other employees from negotiating additional overtime pay requirements with a public employer.
(3) Regardless of the availability of budgeted funds, if mandatory overtime is assigned, nursing staff directly employed in a correctional facility may not be required to work:
(a) Beyond the agreed-upon and prearranged shift, regardless of the length of the shift;
(b) More than 48 hours in any workweek;
(c) More than 12 hours in a 24-hour period; or
(d) During the 10-hour period immediately following the 12th hour worked during a 24-hour period.
(4) A correctional facility may require a nursing staff member to work up to four additional hours beyond the allowable hours of work as described in subsection (3) of this section if:
(a) A staff vacancy for the next shift becomes known at the end of the current shift; or
(b) There is a potential for harm to an assigned patient if the nursing staff member leaves the assignment or transfers care to another nursing staff member.
(5) Subsection (3) of this section does not apply to nursing staff members who are assigned to work mandatory overtime upon the occurrence of any of the following emergency circumstances:
(a) Sudden and unforeseen adverse weather conditions;
(b) An infectious disease epidemic suffered by correctional facility staff;
(c) Any unforeseen event, including security lockdown procedures, that would prevent scheduled replacement nursing staff members from approaching or entering the correctional facility; or
(d) Unplanned direct care nursing staff vacancies for the next shift that amount to at least 20 percent of the nursing staff scheduled for the next shift, if the correctional facility determines that the number of direct care nursing staff scheduled and available for the next shift cannot ensure the health and safety of the patients at the facility.
(6) As used in this section:
(a) "Correctional facility" means a Department of Corrections institution.
(b) "Nursing staff" has the meaning given that term in ORS 441.179. [Formerly 279.340; 2019 c.582 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.269 - Exceptions to ORS 653.268; rules.

The provisions of ORS 653.268 relating to 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 distribution of water for irrigation or domestic use.
(3) Employees of a public employer, as defined in ORS 243.650, who are employed in fire protection or law enforcement activities, including security personnel in corrections institutions, as those employees and activities are defined by rule of the Commissioner of the Bureau of Labor and Industries.
(4) Employees of a people’s utility district organized under ORS chapter 261.
(5) Employees exempted from overtime:
(a) By a public employer as defined in ORS 243.650 because of the executive, administrative, supervisory or professional nature of their employment as the nature of such employment is defined by rule of the Commissioner of the Bureau of Labor and Industries; or
(b) By a collective bargaining agreement expressly waiving application of ORS 653.268.
(6) Employees of a public employer as defined in ORS 243.650 engaged in the operation of a hospital or an establishment that is an institution primarily engaged in the care of persons who are sick or aged or have mental illness or mental retardation and who reside on the premises if, before performance of the work and pursuant to an agreement between the employer and employee or between the employer and the bargaining representative of the employees when the employees are represented under a collective bargaining agreement, a work period of 14 consecutive days is accepted in lieu of the workweek of seven consecutive days for purposes of overtime computation and if, for the employee’s employment in excess of eight hours in any workday and in excess of 80 hours in such 14-day period, the employee receives compensation at a rate not less than one and one-half times the rate at which the employee is employed.
(7) Members of the organized militia while in active service of the state in accordance with ORS 399.075. [Formerly 279.342; 2007 c.70 §283; 2023 c.122 §9]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.271 - Definitions for ORS 653.271, 653.272 and 653.273.

As used in this section and ORS 653.272 and 653.273:
(1) "Agricultural worker" means an individual who performs services in agriculture for an employer in exchange for an agreed remuneration or rate of pay.
(2) "Agriculture" includes:
(a) Farming in all its branches, including the cultivation and tillage of the soil;
(b) Dairying;
(c) The production, cultivation, growing and harvesting of any agricultural or horticultural commodities;
(d) The raising of livestock, bees, fur-bearing animals or poultry; and
(e) Any other practices performed by a farmer or on a farm as an incident to or in conjunction with farming operations, including preparation for market, delivery to storage or to market, or delivery to carriers for transportation to market.
(3) "Salary" has the meaning given that term in ORS 653.010.
(4) "Workweek" means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. [2022 c.115 §1]
Note:
653.271 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.272 - Overtime requirements for agricultural workers; exceptions; remedies.

(1) Except as provided in subsection (2) of this section, an employer may not permit, require or suffer an agricultural worker to work a total number of hours in excess of:
(a) For calendar years 2023 and 2024, 55 hours in one workweek.
(b) For calendar years 2025 and 2026, 48 hours in one workweek.
(c) For calendar year 2027 and each year thereafter, 40 hours in one workweek.
(2) An employer may permit, require or suffer an agricultural worker to work more than the maximum allowable hours in one workweek provided under subsection (1) of this section if the employer compensates the agricultural worker at one and one-half times the worker’s regular rate of pay for each overtime hour or portion of an hour that the worker works in excess of the maximum allowable hours.
(3)(a) For purposes of this section, a workweek may begin on any day of the week and at any hour of the day and need not coincide with a calendar week.
(b) An employer may change the beginning of an agricultural worker’s workweek if the change is intended to be permanent and is not designed to evade overtime requirements.
(4) A claim for a violation of this section may be made under ORS 653.055. [2022 c.115 §2]
Note:
The amendments to 653.272 by section 3, chapter 115, Oregon Laws 2022, become operative January 1, 2027. See section 4, chapter 115, Oregon Laws 2022. The text that is operative on and after January 1, 2027, is set forth for the user’s convenience.
(1) Except as provided in subsection (2) of this section, an employer may not permit, require or suffer an agricultural worker to work a total number of hours in excess of
40 hours in one workweek.
(2) An employer may permit, require or suffer an agricultural worker to work more than 40 hours in one workweek if the employer compensates the agricultural worker at one and one-half times the worker’s regular rate of pay for each overtime hour or portion of an hour that the worker works in excess of 40 hours.
(3)(a) For purposes of this section, a workweek may begin on any day of the week and at any hour of the day and need not coincide with a calendar week.
(b) An employer may change the beginning of an agricultural worker’s workweek if the change is intended to be permanent and is not designed to evade overtime requirements.
(4) A claim for a violation of this section may be made under ORS 653.055.
Note:
653.272 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.273 - Workers excluded from agricultural overtime compensation requirements.

The provisions of ORS 653.272 relating to overtime compensation requirements for agricultural workers do not apply to:
(1) An individual described in ORS 653.020 (1).
(2) An individual employed in agriculture whose principal duties are administrative, executive or professional work and who:
(a) Performs predominantly intellectual, managerial or creative tasks;
(b) Exercises discretion and independent judgment; and
(c) Earns a salary and is paid on a salary basis. [2022 c.115 §4a]
Note:
653.273 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.274 - Mandatory reporting on economic impacts of agricultural overtime compensation requirements.

(1) No later than November 30, 2026, and every six years thereafter, the Employment Department, in consultation with the Bureau of Labor and Industries, the Department of Revenue and the State Department of Agriculture, shall submit a report, in the manner provided in ORS 192.245, to the interim committees of the Legislative Assembly related to agriculture, on the identified economic impacts of the overtime compensation requirements under ORS 653.272.
(2) The report must consider all available relevant data related to the overtime compensation requirements under ORS 653.272 for calendar years 2023, 2024, 2025 and 2026 and must include, but need not be limited to, an examination of the following:
(a) Employment, wages and hours worked by agricultural workers whose employment is subject to ORS chapter 657.
(b) The total amount of wages paid to agricultural workers whose employment is subject to ORS chapter 657.
(c) Employment, wages and hours worked in the agricultural sector by quarter, including job vacancies available in natural resources, by quarter.
(d) Employment, wages and hours worked, separated by size of employer and agricultural sector.
(e) Recent national and regional trends related to the agricultural workforce, including wages, employment and labor costs. [2022 c.115 §6a]
Note:
653.274 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.276 - Economic forecast to include economic and wage data relating to state agricultural economy.

The division of the Oregon Department of Administrative Services that serves as the office of economic analysis shall include in the economic forecast for a biennium any available relevant economic and wage data that relates to the agricultural economy in this state as impacted by the operation of ORS 315.133 and 653.272. [2022 c.115 §6b]
Note:
653.276 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.277 - Adjustment and revision of tax credit rate amounts.

Following receipt of a report required under ORS 653.274 and submitted to a regular or interim committee of the Legislative Assembly, the Legislative Assembly shall consider making adjustments to the structure of the credit allowed under ORS 315.133 and shall revise the credit rate amounts provided in ORS 315.135, if deemed appropriate by the Legislative Assembly. [2022 c.115 §12a]
Note:
653.277 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.278 - Bureau of Labor and Industries and Department of Revenue information sharing.

Notwithstanding any provision of ORS 314.835 or 314.840, the Department of Revenue and the Bureau of Labor and Industries may share information necessary for the effective administration of ORS 315.133 and 653.272, for the purpose of carrying out the provisions of ORS 315.133 and 653.272, provided that the department and the bureau do not disclose personally identifiable information. [2022 c.115 §12b]
Note:
653.278 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.280 - Employer to safeguard employee’s trade equipment.

(1) An employer shall take all reasonable precautions to safeguard all trade equipment that is owned by an employee and is located on premises under the employer’s control.
(2) As used in ORS 653.285 and this section, unless the context requires otherwise:
(a) "Employee" and "employer" have the meaning provided for those terms in ORS 652.310.
(b) "Premises" means the place where the employer and the employee of the employer are engaged in the furtherance of a common enterprise or the accomplishment of the same or related purposes in operation.
(c) "Trade equipment" is limited to musical instruments and sound equipment. [1975 c.488 §7; 2007 c.71 §206]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.285 - Liability of employer; attorney fees.

If an employee’s trade equipment is damaged upon or stolen from premises under the employer’s control as a proximate cause of the employer’s failure to comply with ORS 653.280 the employee has a right to file an action against the employer, and the employer is liable, for financial settlement as is needed to repair or replace the equipment. The court may award reasonable attorney fees to the prevailing party in an action under this section. [1975 c.488 §8; 1981 c.897 §91; 1991 c.67 §158; 1995 c.618 §112]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.300 - Health benefit plan options for certain employees; limitation on cost to employer or health benefit plan for exercise of option.

(1) Each public or private employer in this state which offers its employees a health benefit plan and employs not fewer than 25 employees, and each employee benefit fund in this state with not fewer than 25 members which offers its members any form of health benefit, shall make available to and inform its employees or members of the option to enroll in at least one health maintenance organization which provides health care services in the geographic areas in which a substantial number of such employees or members reside. Where there is a prevailing collective bargaining agreement, the selection of the health maintenance organizations to be made available to the employees shall be made under the agreement.
(2) No employer or benefits fund in this state shall be required to pay more for health benefits as a result of the application of this section than would otherwise be required by any prevailing collective bargaining agreement or other contract for the provision of health benefits to its employees.
(3) Notwithstanding subsection (1) of this section, no employer or benefits fund need provide such an option unless at least 25 employees or members agree to participate in a health maintenance organization. [1985 c.747 §70]
Note:
653.300 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.305 - Bureau’s inquiry into employment of minors.

The Bureau of Labor and Industries may at any time inquire into wages or hours or conditions of labor of minors employed in any occupation in this state and determine suitable hours and conditions of labor for such minors. [Amended by 1967 c.596 §16; 1979 c.886 §3; 1993 c.18 §131; 2013 c.296 §21]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.307 - Annual employment certificates; effect of failure by employer to comply; school districts required to cooperate with bureau; rules.

(1) In accordance with the applicable provisions of ORS chapter 183, the Bureau of Labor and Industries shall adopt rules governing annual employment certificates required under this section. After September 9, 1995, the rules governing the total hours a minor can work may not be more restrictive than the requirements of the federal Fair Labor Standards Act (29 U.S.C. 201, et seq.), unless otherwise provided by Oregon law.
(2) An employer who hires minors shall apply to the bureau for an annual employment certificate to employ minors. The application shall be on a form provided by the bureau and shall include, but need not be limited to:
(a) The estimated or average number of minors to be employed during the year.
(b) A description of the activities to be performed.
(c) A description of the machinery or other equipment to be used by the minors.
(3) Once a year, the bureau shall provide to all employers applying for an annual employment certificate an information sheet summarizing all rules and laws governing the employment of minors.
(4) Failure by an employer to comply with ORS 653.305 to 653.340 or with the regulations adopted by the bureau pursuant to this section shall subject the employer to revocation of the right to hire minors in the future at the discretion of the bureau, provided that an employer shall be granted a hearing before the bureau prior to such action being taken.
(5) All school districts shall cooperate with the bureau and make available, upon request of the bureau, information concerning the age and schooling of minors. [1971 c.626 §2; 1995 c.133 §1; 2013 c.296 §22; 2021 c.97 §72]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.310 - Employment certificates on file; list of minor employees.

No child under 18 years of age shall be employed or permitted to work in any employment listed in ORS 653.320 (2) unless the person employing the child keeps on file and accessible to the school authorities of the district where such child resides, and to the police and the Bureau of Labor and Industries, an annual employment certificate as prescribed by the rules adopted by the bureau pursuant to ORS 653.307 and keeps a complete list of all such children employed therein. [Amended by 1971 c.626 §3; 1995 c.133 §2; 1999 c.59 §194; 2013 c.296 §23]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.315 - Working hours for children under 16 years of age; exceptions; mealtimes; posting notice of hours.

(1) A child under 16 years of age may not be employed for longer than 10 hours for any one day or more than six days in any one week. The Commissioner of the Bureau of Labor and Industries shall issue special permits for the employment of children under 16 years of age in agriculture for longer than 10 hours for any one day when the commissioner determines that such hours of work will not be detrimental to the health and safety of the children so employed.
(2)(a) A child under 16 years of age may not be employed at any work before 7 a.m. or after 7 p.m., except that during the period between June 1 and Labor Day a child under 16 years of age may be employed until 9 p.m.
(b) Paragraph (a) of this subsection does not apply to a child under 16 years of age who is:
(A) Employed in agriculture.
(B) Employed in youth camps. As used in this subparagraph, "youth camps" means those camps operated and maintained primarily for the supervised recreation and education of youth of either sex during the public school vacation periods.
(C) Employed as a newspaper carrier or vendor.
(D) Employed in or about private residences at domestic work, chores and child care. This exception does not extend to employment in places where child care or training is carried on as an occupation.
(3) Every child under 16 years of age is entitled to not less than 30 minutes for mealtime and the mealtime may not be included as part of the work hours of the day.
(4) Every employer of children under 16 years of age shall post, in a conspicuous place where the children are employed, a printed notice stating the maximum work hours required in one week and in every day of the week from the children. [Amended by 1957 c.419 §1; 1961 c.205 §1; 1981 c.228 §1; 1997 c.453 §1; 2005 c.154 §1; 2009 c.104 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.320 - Employment of children under 14 years; exceptions.

(1) No child under the age of 14 years shall be employed in any work, or labor of any form for wages or other compensation to whomsoever payable, during the term when the public schools of the town, district or city in which the child resides are in session.
(2) Except as provided in subsections (3) and (4) of this section, no child under 14 years of age shall be employed or permitted to work in, or in connection with, any place of business.
(3) The Bureau of Labor and Industries may allow children between the ages of 12 and 14 to be employed in any suitable work during any school vacation extending over a term of two weeks and may issue permits therefor. The bureau shall exercise careful discretion as to the character of such employment and its effect on the physical and moral well-being of the child.
(4) Exceptions may be made by the bureau exempting a minor or class of minors from the provisions of this section. [Amended by 1971 c.625 §1; 2013 c.296 §24]