reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.326 - Employment of professionally trained minors allowed with permit.

(1) The Bureau of Labor and Industries may by special permit authorize a child under 18 years of age to engage in employment otherwise prohibited by law if the child has successfully completed professional training for such employment conducted by any school district, or training that the bureau considers equivalent thereto, and the child:
(a) Has graduated from high school; or
(b) Is employed during such time as public schools are not in session for a period exceeding 30 days.
(2) The bureau or a person authorized by the bureau shall investigate periodically the conditions of the employment for which a special permit has been issued, to determine whether the permit should be continued. [1967 c.347 §2; 1995 c.343 §51; 2013 c.296 §25]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.330 - Employment of minors in certain logging operations prohibited.

No person shall employ or allow:
(1) Any person under the age of 18 years to act as engineer of or have charge of or operate any logging engines used in logging operations.
(2) Any person under the age of 16 years to act in the capacity of giving signals to the engineer in logging operations or receiving and forwarding such signals.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.340 - Employment of minors for message and delivery service.

(1) No person under the age of 18 years shall be employed or permitted to work as a messenger for a telegraph or messenger company or anyone engaged in such a business in the distribution, transmission or delivery of goods or messages before 5 a.m. or after 10 p.m.
(2) No person under the age of 16 years shall be employed or permitted to work in the telegraph, telephone or public messenger service.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.345 - Legislative findings.

The Legislative Assembly finds that the crops of berry and bean growers in Oregon are imperiled by the federal law prohibiting the employment of youthful agricultural workers. Since suitable replacements for such workers are not available, the long established use of youthful berry and bean pickers must be permitted to the extent that it does not interfere with interstate commerce and federal law. The Legislative Assembly further finds that such agricultural employment is healthful, a good introduction to the work ethic and develops an understanding of the role of agriculture in society. [1975 c.422 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.350 - Employment of children under 12 years for certain agricultural labor; conditions.

(1) An individual who is less than 12 years of age but not less than nine years of age may be employed to pick berries and beans in this state outside of school hours if:
(a) The individual is employed with the consent of the child’s parent or guardian;
(b) The berries and beans picked are sold within the state only and not transported out of this state in any form;
(c) The Director of the Employment Department or the designee of the director certifies that there are not sufficient workers available in the immediate area to harvest the berry or bean crop without the employment of youthful pickers; and
(d) The individual is paid at the same rate as other employees of the employer who are 12 years of age or older and are engaged in picking berries or beans.
(2) Each basket or container holding berries, berry products, beans or bean products picked by individuals who are less than 12 years of age must be distinctively marked so as to prevent the berries, berry products, beans or bean products from entering interstate commerce. [1975 c.422 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.355 - Exemption of certain employers.

Nothing in ORS 653.345, 653.350 and 653.355 shall apply to employers which are exempt from the child labor provisions of the federal Fair Labor Standards Act. [1975 c.422 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.360 - Employment of minors in certain boating, fishing and agricultural situations.

Notwithstanding any other provision of ORS 653.305 to 653.370:
(1) Minors 16 years of age and 17 years of age may be employed as assistants on chartered fishing or pleasure boats.
(2) Minors 14 years of age and 15 years of age may be employed at dock areas used by chartered fishing or pleasure boats.
(3) Minors less than 18 years of age may be employed on commercial fishing vessels without an employment permit when employed and supervised by the minor’s grandfather, grandmother, father, mother, brother, sister, uncle or aunt.
(4) Minors 16 years of age and 17 years of age may be employed to operate power-driven machinery in connection with their employment in the processing of agricultural commodities in an agricultural warehouse on a farm by a farmer if each such minor has completed a training program in the safe operation of such machinery as prescribed by rule of the Bureau of Labor and Industries under ORS 653.307. [1979 c.626 §2; 1995 c.477 §1; 2013 c.296 §26]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.362 - Exemption of minors serving as soccer referees.

The provisions of ORS 653.305 to 653.370 do not apply to a person under 18 years of age serving as a referee or assistant referee in a youth or adult recreational soccer match. [2001 c.765 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.365 - Civil penalty exemption for unlawful employment of minors by parents or persons standing in place of parents.

The provisions of ORS 653.370 do not apply when minors under 18 years of age are employed under the following circumstances:
(1) The minor is employed by the parent of the minor; or
(2) The minor is employed by a person standing in the place of the parent of the minor and who has custody of the minor. [1981 c.820 §3; 1997 c.103 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.370 - Civil penalty for unlawful employment of minors.

(1) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may impose upon any person who violates ORS 653.305 to 653.370, or any rule adopted by the Bureau of Labor and Industries under ORS 653.305 to 653.370 or 653.400, a civil penalty not to exceed $1,000 for each violation.
(2) Notwithstanding ORS 183.482, any petition for review of an order imposing a civil penalty under this section must be filed within 30 days following the date the order upon which the petition is based is served.
(3) Except as otherwise provided in this section, civil penalties under this section shall be imposed as provided in ORS 183.745.
(4) All sums collected as penalties pursuant to this section shall be first applied toward reimbursement of the costs incurred in determining the violations, conducting hearings under this section and assessing and collecting such penalties. The remainder, if any, of the sums collected as penalties pursuant to 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.
(5)(a) Notwithstanding subsection (1) of this section, the commissioner may not impose a civil penalty pursuant to this section upon any person who provides evidence satisfactory to the commissioner that:
(A) The person has paid a civil penalty to the United States Department of Labor for violation of the child labor provisions of the federal Fair Labor Standards Act (29 U.S.C. 201 et seq.); and
(B) The civil penalty involved the same factual circumstances at issue before the commissioner.
(b) Notwithstanding subsection (1) of this section, the commissioner shall refund any civil penalty previously imposed on and collected from any person pursuant to this section if the person provides evidence satisfactory to the commissioner that:
(A) The person has paid a civil penalty to the United States Department of Labor for violation of the child labor provisions of the federal Fair Labor Standards Act (29 U.S.C. 201 et seq.); and
(B) The civil penalty involved the same factual circumstances underlying the commissioner’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]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.400 - Rules.

The Bureau of Labor and Industries may prepare, adopt and promulgate rules for the carrying into effect of this section and ORS 653.305 to 653.370, 653.560 and 653.565. [Formerly 653.525]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.403 - Visitation rights of bureau; prosecution of offenses against child labor laws.

(1) The Bureau of Labor and Industries or anyone authorized by the bureau in writing may visit any place of business to ascertain whether any minors are employed contrary to ORS 653.310, 653.315, 653.320 and 653.340 and the rules adopted by the bureau pursuant to ORS 653.307. The bureau or authorized persons shall report any cases of illegal employment to the proper school authorities and to the district attorney of the county. The bureau may require the business to produce the annual employment certificates and lists of minors employed for inspection.
(2) The bureau shall bring complaints for offenses under ORS 653.310, 653.315, 653.320 and 653.340 to the attention of the proper district attorney who shall prosecute such offenses. [Formerly 653.545]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.422 - Covered employees; integrated enterprises; rules.

(1) ORS 653.412 to 653.485 apply to an employee who is employed by an employer, as defined in ORS 652.310, that is also one or more of the following:
(a) A retail establishment that employs 500 or more employees worldwide, including but not limited to a chain or an integrated enterprise.
(b) A hospitality establishment that employs 500 or more employees worldwide, including but not limited to a chain or an integrated enterprise.
(c) A food services establishment that employs 500 or more employees worldwide, including but not limited to a chain or an integrated enterprise.
(2) To determine the number of employees employed by an employer, the calculation shall be based upon the average number of employees employed on each working day during each of 20 or more workweeks in the current calendar year or immediately preceding calendar year.
(3) Separate entities that form an integrated enterprise are considered a single employer under ORS 653.412 to 653.485. Separate entities will be considered an integrated enterprise and a single employer under ORS 653.412 to 653.485 where a separate entity controls the operation of another entity. The factors to consider in determining whether separate entities form an integrated enterprise include, but are not limited to:
(a) The degree of interrelation between the operations of multiple entities;
(b) The degree to which the entities share common management;
(c) The degree to which the entities have centralized control of labor relations; and
(d) The degree of common ownership or financial control over the entities.
(4) The Commissioner of the Bureau of Labor and Industries shall adopt rules in accordance with the provisions of subsection (3) of this section regarding how to determine when separate entities form an integrated enterprise for the purposes of ORS 653.412 to 653.485. [2017 c.691 §3]
Note:
See note under 653.412.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.428 - Good faith estimate of work schedule.

(1) An employer shall provide a new employee with a written good faith estimate of the employee’s work schedule at the time of hire. The good faith estimate:
(a) Shall state the median number of hours the employee can expect to work in an average one-month period;
(b) Shall explain the voluntary standby list described in ORS 653.432 and provide the written notice required in ORS 653.432;
(c) Shall indicate whether an employee who is not on the voluntary standby list can expect to work on-call shifts and, if so, set forth an objective standard for when an employee not listed on the voluntary standby list may be expected to be available to work on-call shifts; and
(d) May be based on a prior year schedule if it is a good faith estimate of seasonal or episodic work.
(2) The employer shall include the good faith estimate in the language the employer typically uses to communicate with the employee. [2017 c.691 §4]
Note:
See note under 653.412.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.432 - Voluntary standby list; penalties.

(1) An employer may maintain a standby list of employees whom the employer will request to work additional hours to address unanticipated customer needs or unexpected employee absences if the listed employees have requested or agreed in writing to be included on the standby list and the employer notifies each employee in writing:
(a) That the list is voluntary and how an employee may request to be removed from the list;
(b) How the employer will notify a standby list employee of additional hours available and how an employee may accept the additional hours;
(c) That the employee is not required to accept the additional hours offered; and
(d) That an employee on the standby list is not eligible for additional compensation under ORS 653.455 for the changes to the employee’s written work schedule resulting from the employee’s acceptance of additional hours offered to the employee as a result of being on the standby list.
(2) An employer shall provide an employee on the standby list with notice of additional hours available by in-person conversation, telephone call, electronic mail, text message or other accessible electronic or written format.
(3) An employee who receives notice of additional hours available under this section may decline to accept the additional hours offered.
(4) An employee who consents to work additional hours in response to an employer’s request under this section is not eligible for any additional compensation under ORS 653.455 for the resulting change to the employee’s written work schedule.
(5) An employee may request to be removed from the standby list at any time.
(6) An employer may not retaliate against an employee who:
(a) Does not request or agree to be added to the standby list;
(b) Requests to be removed from the standby list; or
(c) Declines an employer’s request that the employee work additional hours as a result of the employee being on the standby list.
(7) 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 $2,000 against an employer that the commissioner finds has coerced an employee into requesting or agreeing to be added to the standby list in violation of this section. Each violation is a separate and distinct offense. In the case of a continuing violation, each day’s continuance is a separate and distinct violation.
(8) The standby list is not a list of employees scheduled for on-call shifts and the employer is not required to include a list of employees on the standby list in the written work schedule described in ORS 653.436. [2017 c.691 §4a]
Note:
See note under 653.412.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.436 - Advance notice of work schedule.

(1) An employer shall provide an employee with a work schedule in writing at least 14 calendar days before the first day of the work schedule.
(2) The employer shall post the written work schedule in a conspicuous and accessible location, in English and in the language the employer typically uses to communicate with the employees.
(3) The employer shall provide a written work schedule that runs through the last date of the posted work schedule in effect at the time of delivery to:
(a) A new employee on or before the employee’s first day of work; or
(b) An existing employee on the employee’s first day of work after a leave of absence.
(4) The written work schedule shall include all work shifts and on-call shifts for the work period.
(5) If the employer requests changes to the written work schedule after the advance notice required in this section:
(a) The employer shall provide the employee with timely notice of the change by in-person conversation, telephone call, electronic mail, text message or other accessible electronic or written format; and
(b) The employee may decline any work shifts not included in the employee’s written work schedule.
(6) At any time after the advance notice of written work schedule required in this section, an employee may request in writing that the employer add the employee to one or more work shifts or on-call work shifts. Any changes to the employee’s written work schedule resulting from such employee-requested work schedule changes are not subject to the advance notice requirements of this section. [2017 c.691 §5; 2017 c.691 §5a]
Note:
See note under 653.412.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.442 - Right to rest between work shifts.

(1) Unless the employee requests or consents to work such hours, an employer may not schedule or require an employee to work during the following rest periods:
(a) The first 10 hours following the end of the previous calendar day’s work shift or on-call shift; or
(b) The first 10 hours following the end of a work shift or on-call shift that spanned two calendar days.
(2) Except as provided in subsection (3) of this section, an employer shall compensate an employee for each hour or portion of an hour that the employee works during a rest period described in subsection (1) of this section at one and one-half times the employee’s regular rate of pay.
(3) Subsection (2) of this section does not apply to any hour or portion of an hour an employee works during the rest period described in subsection (1) of this section during which the employee is engaged in providing roadside assistance services. As used in this subsection, "roadside assistance" means offsite repair assistance rendered to a motorist with a disabled vehicle. [2017 c.691 §6]
Note:
See note under 653.412.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.450 - Employee right to input into work schedule.

(1) At time of hire and during employment, an employee may identify any limitations or changes in the employee’s work schedule availability, including but not limited to child care needs. The employee may also request not to be scheduled for work shifts during certain times or at certain locations.
(2)(a) An employer may require the employee to provide reasonable verification of the need for a request made under subsection (1) of this section.
(b) The employer shall pay any reasonable costs for providing verification that is medical verification required under this subsection, including lost wages, that are not paid under a health benefit plan in which the employee is enrolled.
(c) Nothing in this subsection is intended to limit the application of ORS 659A.306.
(3) An employer may not retaliate against an employee for making a request under subsection (1) of this section.
(4) An employer is under no obligation to grant an employee’s request under subsection (1) of this section. [2017 c.691 §6a; 2021 c.176 §1]
Note:
See note under 653.412.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.460 - Notice and posting requirements.

(1) The Commissioner of the Bureau of Labor and Industries shall make available to employers a template of a poster giving notice of the rights described in ORS 653.412 to 653.485. The poster must be in English.
(2) Employers shall display the poster at the workplace. If displaying the poster is not feasible, including situations in which the employees work remotely or do not have a regular workplace or job site, the employer may provide the poster on an individual basis in a physical or electronic format that is reasonably conspicuous and accessible. [2017 c.691 §8]
Note:
See note under 653.412.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.465 - Record retention requirements.

An employer shall retain records that document the employer’s compliance with ORS 653.412 to 653.485 for three years. [2017 c.691 §9]
Note:
See note under 653.412.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.470 - Retaliation prohibited.

It is an unlawful practice for an employer to:
(1) Interfere with, restrain, deny or attempt to deny the exercise of any right protected under ORS 653.412 to 653.485; or
(2) Retaliate or in any way discriminate against an individual with respect to hire or tenure or any other term or condition of employment because the individual has inquired about the provisions of ORS 653.412 to 653.485. [2017 c.691 §10]
Note:
See note under 653.412.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.480 - Enforcement; right of action; penalties.

(1) An employee asserting a violation of ORS 653.470 may file a complaint with the Commissioner of the Bureau of Labor and Industries under ORS 659A.820 or a civil action as provided in ORS 659A.885.
(2) The commissioner has the same enforcement powers with respect to the rights established under this section and ORS 653.422, 653.432, 653.436, 653.442, 653.450, 653.455, 653.465, 653.470 and 653.485 as are established in this chapter and ORS chapter 652.
(3) In addition to any other damages provided by law, the commissioner may assess a statutory 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 that the employer paid the full remedy due, not including any statutory penalty, within 14 days of service of an order, the commissioner shall waive 50 percent of the amount of any statutory penalty imposed by order under this section. [2017 c.691 §11]
Note:
See note under 653.412.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.485 - Legislative intent.

Nothing in ORS 653.412 to 653.485 is intended to:
(1) Limit employee rights or protections otherwise provided by law;
(2) Create an additional remedy for an employee if a remedy equal to or better than a remedy in ORS 653.442 or 653.455 is required by a collective bargaining agreement or other contract; or
(3) Provide a cause of action to an employee for work schedule changes necessary to accommodate that employee under state or federal family or medical leave laws, state or federal disability laws or ORS 659A.043 or 659A.046 or ORS chapter 656. [2017 c.691 §12]
Note:
See note under 653.412.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.490 - Local work schedule requirements; preemption; exceptions.

(1) As used in this section:
(a) "Enact" includes but is not limited to adopt, amend, refer or pass with a delayed operative or effective date.
(b) "Local government" includes a county, city, district or other public corporation, authority or entity organized and existing under statute or city or county charter.
(c) "Work schedule" means the days and times during which an employee is required by an employer to perform the duties for which the employee will receive compensation. "Work schedule" does not include employee time off for medical reasons or sick time.
(2) The State of Oregon preempts all charter and statutory authority of local governments to enact a requirement relating to work schedules.
(3) Notwithstanding subsection (2) of this section, a local government may set work schedule requirements:
(a) For public employers; and
(b) In specifications for public contracts or subcontracts entered into by the local government. [2015 c.591 §1; 2017 c.691 §14]
Note:
653.490 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 653.545

[Amended by 1971 c.626 §4; 1993 c.18 §136a; 1995 c.133 §3; 2013 c.296 §13; renumbered 653.403 in 2017]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.549 - Rules.

(1) The Bureau of Labor and Industries shall adopt rules necessary for the implementation and administration of ORS 653.547.
(2) Rules adopted under this section shall include, but are not limited to:
(a) Meal periods, rest periods and paid personal leave for domestic workers; and
(b) Uninterrupted rest periods of at least eight hours within each 24-hour period and compensation for interruptions of rest periods for domestic workers. [2015 c.457 §2]
Note:
See note under 653.547.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.551 - Unlawful employment discrimination; civil remedies and penalties.

(1) Except as provided in subsection (4) of this section, any violation of ORS 653.547 or rules adopted under ORS 653.549 by an employer is an unlawful employment practice.
(2) Domestic workers may file complaints alleging a violation of ORS 653.547 or of a rule adopted under ORS 653.549 with the Commissioner of the Bureau of Labor and Industries in the manner provided by ORS 659A.820. The commissioner shall enforce ORS 653.547 and the rules adopted under ORS 653.549 in the manner provided in ORS chapter 659A regarding other unlawful employment practices.
(3) Violation of ORS 653.547 or of a rule adopted under ORS 653.549 subjects the violator to the same civil remedies and penalties as provided in ORS chapter 659A.
(4) Domestic workers may file complaints alleging violations of ORS 653.547 (2)(a) under ORS 652.310 to 652.414. [2015 c.457 §3]
Note:
See note under 653.547.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.553 - Short title.

ORS 653.547 to 653.551 may be referred to as the Domestic Workers’ Protection Act. [2015 c.457 §4]
Note:
See note under 653.547.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.560 - Authority of Bureau of Labor and Industries.

The Bureau of Labor and Industries shall administer, execute and carry out the provisions of ORS 653.010 to 653.565 and 653.991. [Formerly 653.520]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.565 - Investigating compliance with rules; prosecution for violation.

The Bureau of Labor and Industries shall, from time to time, investigate and ascertain whether employers are observing and complying with its rules under ORS 653.010 to 653.565 and take such steps as may be necessary to prosecute employers that are not observing or complying with its rules. [Formerly 653.535]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.611 - Substantially equivalent policies.

(1) An employer with a sick leave policy, paid vacation policy, paid personal time off policy or other paid time off program that is substantially equivalent to or more generous to the employee than the minimum requirements of ORS 653.601 to 653.661:
(a) Must, at a minimum, comply with the requirements of ORS 653.601 to 653.661 for the first 40 hours that the employer’s policy provides per year; and
(b) Need not comply with the requirements of ORS 653.601 to 653.661 beyond the first 40 hours that the employer’s policy provides per year.
(2) If an employee of an employer that has a policy for paid sick time, paid vacation leave, paid personal time off or other paid time off programs has exhausted all paid and unpaid leave available to the employee, the employer is not obligated to provide additional leave for paid or unpaid sick time as required by ORS 653.601 to 653.661. However, the employer may be obligated to provide paid or unpaid sick time by federal or state law that provides for paid or unpaid leave for similar purposes. [2015 c.537 §4; 2017 c.520 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.616 - Allowable uses of sick time.

An employee may use sick time earned under ORS 653.606:
(1) For an employee’s mental or physical illness, injury or health condition, need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition or need for preventive medical care.
(2) For care of a family member with a mental or physical illness, injury or health condition, care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition or care of a family member who needs preventive medical care.
(3) Notwithstanding ORS 659A.153, for any other purpose specified in ORS 659A.159.
(4) For a purpose specified in ORS 659A.272, notwithstanding ORS 659A.270 (1).
(5) To donate accrued sick time to another employee if the other employee uses the donated sick time for a purpose specified in this section and the employer has a policy that allows an employee to donate sick time to a coworker for a purpose specified in this section.
(6) In the event of a public health emergency. For purposes of this subsection, a public health emergency includes, but is not limited to:
(a) Closure of the employee’s place of business, or the school or place of care of the employee’s child, by order of a public official due to a public health emergency;
(b) A determination by a lawful public health authority or by a health care provider that the presence of the employee or the family member of the employee in the community would jeopardize the health of others, such that the employee must provide self care or care for the family member; or
(c) The exclusion of the employee from the workplace under any law or rule that requires the employer to exclude the employee from the workplace for health reasons. [2015 c.537 §6]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.621 - Minimum use increments; notice to employer; rules.

(1)(a) Upon request of an employee with accrued sick time available, an employer must allow the employee to use sick time. If possible, the employee shall include the anticipated duration of the sick time requested in the request.
(b) Sick time earned under ORS 653.606 shall be taken in hourly increments unless:
(A) To do so would impose an undue hardship on the employer; and
(B) The employer has a policy or combination of policies that allows an employee to use at least 56 hours of paid leave per year that may be taken in minimum increments of four hours and may be used for the purposes specified in ORS 653.616.
(c) The Commissioner of the Bureau of Labor and Industries shall adopt rules for the implementation and administration of this subsection. The rules adopted shall include, but need not be limited to, criteria for establishment of undue hardship under this section that are based on the difficulty of securing a replacement worker while allowing the employer to apply a consistent policy to all employees.
(2) An employer may require the employee to comply with the employer’s usual and customary notice and procedural requirements for absences or for requesting time off if those requirements do not interfere with the ability of the employee to use sick time.
(3) If the need to use sick time is foreseeable:
(a) The employer may require reasonable advance notice of the employee’s intention to use sick time, not to exceed 10 days prior to the date the sick time is to begin or as soon as otherwise practicable; and
(b) The employee shall make a reasonable attempt to schedule the use of sick time in a manner that does not unduly disrupt the operations of the employer.
(4) If the need to use sick time is unforeseeable, the employee shall provide notice to the employer as soon as practicable and must comply generally with the employer’s notice or procedural requirements for requesting or reporting other time off if those requirements do not interfere with the ability of the employee to use sick time. [2015 c.537 §7]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.626 - Medical verification.

(1)(a) If an employee takes more than three consecutive scheduled workdays of sick time for a purpose described in ORS 653.616 (1) to (4), an employer may require the employee to provide verification from a health care provider of the need for the sick time, or certification of the need for leave for purposes of ORS 659A.272 as provided in ORS 659A.280.
(b) If the need for sick time is foreseeable and is projected to last more than three scheduled workdays and an employee is required to provide notice under ORS 653.621, the employer may require that verification or certification be provided before the sick time commences or as soon as otherwise practicable.
(c) If the employee commences sick time without providing prior notice required by the employer under ORS 653.621:
(A) Medical verification shall be provided to the employer within 15 calendar days after the employer requests the verification; or
(B) Certification provided as specified in ORS 659A.280 shall be provided to the employer within a reasonable time after the employee receives the request for certification.
(2) The employer shall pay any reasonable costs for providing medical verification or certification required under this section, including lost wages, that are not paid under a health benefit plan in which the employee is enrolled.
(3)(a) An employer may not require that the verification or certification required under this section explain the nature of the illness or details related to the domestic violence, sexual assault, harassment, or stalking that necessitates the use of sick time.
(b) If an employer suspects that an employee is abusing sick time, including engaging in a pattern of abuse, the employer may require verification from a health care provider of the need of the employee to use sick time, regardless of whether the employee has used sick time for more than three consecutive days. As used in this paragraph, "pattern of abuse" includes, but is not limited to, repeated use of unscheduled sick time on or adjacent to weekends, holidays, vacation days or paydays.
(4) As used in this section, "health care provider" has the meaning given that term in ORS 659A.150. [2015 c.537 §8]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.631 - Accrual amount records.

(1) An employer shall:
(a) Provide written notification at least quarterly to each employee of the amount of accrued and unused sick time available for use by the employee. Inclusion of the amount of accrued and used sick time on the statement required under ORS 652.610 meets the requirements of this paragraph.
(b) Provide written notice of the requirements of ORS 653.601 to 653.661 to each employee in accordance with rules adopted by the Commissioner of the Bureau of Labor and Industries.
(2) The notices provided under this section must be in the language the employer typically uses to communicate with the employee.
(3) The Bureau of Labor and Industries shall make available to employers a template that meets the required notice provisions of this section.
(4) Health information of an employee related to sick time is confidential and may not be released without the permission of the employee. Information pertaining to leave under ORS 659A.272 that is provided by an employee in accordance with ORS 653.601 to 653.661 is confidential as provided in ORS 659A.280. [2015 c.537 §9]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.636 - Minimum requirements.

ORS 653.601 to 653.661 establish minimum requirements pertaining to sick time and may not be construed to preempt, limit or otherwise affect the applicability of any employer policy, standard or collective bargaining agreement that provides for greater use of paid or unpaid sick time. [2015 c.537 §10]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.641 - Unlawful practices.

It is an unlawful practice for an employer or any other person to:
(1) Deny, interfere with, restrain or fail to pay for sick time to which an employee is entitled under ORS 653.601 to 653.661;
(2) Retaliate or in any way discriminate against an employee with respect to any term or condition of employment because the employee has inquired about the provisions of ORS 653.601 to 653.661, submitted a request for sick time, taken sick time, participated in any manner in an investigation, proceeding or hearing related to ORS 653.601 to 653.661, or invoked any provision of ORS 653.601 to 653.661; or
(3) Apply an absence control policy that includes sick time absences covered under ORS 653.601 to 653.661 as an absence that may lead to or result in an adverse employment action against the employee. [2015 c.537 §11]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.651 - Enforcement.

(1) An employee asserting a violation of ORS 653.641 (2) or (3) may file a complaint with the Commissioner of the Bureau of Labor and Industries under ORS 659A.820 or a civil action as provided in ORS 659A.885.
(2) The commissioner has the same enforcement powers with respect to the rights established under ORS 653.601 to 653.661 as are established in ORS chapters 652 and 653. [2015 c.537 §13]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.656 - Rules.

The Commissioner of the Bureau of Labor and Industries:
(1) Shall enforce the provisions of ORS 653.601 to 653.661; and
(2) May adopt rules necessary for the implementation and enforcement of ORS 653.601 to 653.661. [2015 c.537 §14]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.715

[1987 c.591 §1; 1997 c.170 §36; 1999 c.547 §1; 2001 c.943 §19; renumbered 735.702 in 2001]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.745

[1987 c.591 §§6,7; 1997 c.170 §37; 1999 c.547 §2; 2001 c.943 §20; renumbered 735.710 in 2001]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 653 - Minimum Wages; Employment Conditions; Minors › Section 653.991 - Penalties.

Violation of any provision of this section or ORS 653.010 to 653.565 or of any rule adopted by the Bureau of Labor and Industries under ORS 653.307 is punishable as a misdemeanor. [1971 c.626 §6; 1993 c.18 §138; 2013 c.296 §28]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 654 - Occupational Safety and Health › Section 654.001 - Short title.

ORS 654.001 to 654.295, 654.412 to 654.423, 654.750 to 654.780 and 654.991 may be cited as the Oregon Safe Employment Act. [1973 c.833 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 654 - Occupational Safety and Health › Section 654.003 - Purpose.

The purpose of the Oregon Safe Employment Act is to ensure as far as possible safe and healthful working conditions for every working person in Oregon, to preserve our human resources and to reduce the substantial burden, in terms of lost production, wage loss, medical expenses, disability compensation payments and human suffering, that is created by occupational injury and disease. To accomplish this purpose the Legislative Assembly intends to provide a procedure that will:
(1) Encourage employers and employees to reduce the number of occupational safety and health hazards and to institute new programs and improve existing programs for providing safe and healthful working conditions.
(2) Establish a coordinated program of worker and employer education, health and safety consultative services, demonstration projects and research to assist workers and their employers in preventing occupational injury and disease, whatever the cause.
(3) Authorize the Director of the Department of Consumer and Business Services and the designees of the director to set reasonable, mandatory, occupational safety and health standards for all employments and places of employment.
(4) Provide an effective program, under the director, to enforce all laws, regulations, rules and standards adopted for the protection of the life, safety and health of employees, and in so doing, predominantly prioritize inspections of places of employment to first focus enforcement activities upon places of employment that the director reasonably believes to be the most unsafe.
(5) Establish appropriate reporting and research procedures that will help achieve the objectives of the Oregon Safe Employment Act, identify occupational hazards and unsafe and unhealthy working conditions, and describe the nature of the occupational safety and health problem.
(6) Assure that Oregon assumes fullest responsibility, in accord with the federal Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), for the development, administration and enforcement of safety and health laws and standards. [1973 c.833 §3; 1987 c.884 §55; 1999 c.1017 §1; 2017 c.238 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 654 - Occupational Safety and Health › Section 654.005 - Definitions.

As used in this chapter, unless the context requires otherwise:
(1) "Board" means the Workers’ Compensation Board created by ORS 656.712.
(2) "Department" means the Department of Consumer and Business Services.
(3) "Director" means the Director of the Department of Consumer and Business Services.
(4) "Employee" includes:
(a) Any individual, including a minor whether lawfully or unlawfully employed, who engages to furnish services for a remuneration, financial or otherwise, subject to the direction and control of an employer.
(b) Salaried, elected and appointed officials of the state, state agencies, counties, cities, school districts and other public corporations.
(c) Any individual who is provided with workers’ compensation coverage as a subject worker pursuant to ORS chapter 656, whether by operation of law or by election.
(5) "Employer" includes:
(a) Any person who has one or more employees.
(b) Any sole proprietor or member of a partnership who elects workers’ compensation coverage as a subject worker pursuant to ORS 656.128.
(c) Any successor or assignee of an employer. As used in this paragraph, "successor" means a business or enterprise that is substantially the same entity as the predecessor employer according to criteria adopted by the department by rule.
(6) "Owner" means every person having ownership, control or custody of any place of employment or of the construction, repair or maintenance of any place of employment.
(7) "Person" means one or more individuals, legal representatives, partnerships, joint ventures, associations, corporations (whether or not organized for profit), business trusts, any organized group of persons, the state, state agencies, counties, municipal corporations, school districts and other public corporations or subdivisions.
(8)(a) "Place of employment" includes:
(A) Every place, whether fixed or movable or moving, whether indoors or out or underground, and the premises and structures appurtenant thereto, where either temporarily or permanently an employee works or is intended to work; and
(B) Every place where there is carried on any process, operation or activity related, either directly or indirectly, to an employer’s industry, trade, business or occupation, including a labor camp, wherever located, provided by an employer for employees or by another person engaged in providing living quarters or shelters for employees.
(b) "Place of employment" does not include:
(A) Any place where the only employment involves nonsubject workers employed in or about a private home; and
(B) Any corporate farm where the only employment involves the farm’s family members, including parents, spouses, sisters, brothers, daughters, sons, daughters-in-law, sons-in-law, nieces, nephews or grandchildren. [Amended by 1973 c.833 §4; 1975 c.102 §2; 1977 c.804 §34; 1987 c.373 §30; 1993 c.744 §17; 1999 c.433 §1; 2007 c.612 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 654 - Occupational Safety and Health › Section 654.010 - Employers to furnish safe place of employment.

Every employer shall furnish employment and a place of employment which are safe and healthful for employees therein, and shall furnish and use such devices and safeguards, and shall adopt and use such practices, means, methods, operations and processes as are reasonably necessary to render such employment and place of employment safe and healthful, and shall do every other thing reasonably necessary to protect the life, safety and health of such employees. [Amended by 1973 c.833 §5]