2017 ORS 652.210¹
Definitions for ORS 652.210 to 652.235

As used in ORS 652.210 (Definitions for ORS 652.210 to 652.235) to 652.235 (Motion to disallow award of compensatory and punitive damages), unless the context requires otherwise:

(1) “Employee” means any individual who, otherwise than as a copartner of the employer, as an independent contractor or as a participant in a work training program administered under the state or federal assistance laws, renders personal services wholly or partly in this state to an employer who pays or agrees to pay such individual at a fixed rate. However, when services are rendered only partly in this state, an individual is not an employee unless the contract of employment of the employee has been entered into, or payments thereunder are ordinarily made or to be made, within this state.

(2) “Employer” means any person employing one or more employees, including the State of Oregon or any 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. “Employer” does not include the federal government.

(3) “Rate” with reference to wages means the basis of compensation for services by an employee for an employer and includes compensation based on the time spent in the performance of the services, on the number of operations accomplished or on the quantity produced or handled.

(4) “Unpaid wages” means the difference between the wages actually paid to an employee and the wages required under ORS 652.220 (Prohibition of discriminatory wage rates based on sex) to be paid to the employee.

(5) “Wages” means all compensation for performance of service by an employee for an employer, whether paid by the employer or another person, including cash value of all compensation paid in any medium other than cash. [1955 c.193 §1; 1985 c.100 §1; 1987 c.158 §124; 1993 c.739 §25; 2005 c.22 §457]

Note: The amendments to 652.210 (Definitions for ORS 652.210 to 652.235) by section 1, chapter 197, Oregon Laws 2017, become operative January 1, 2019. See section 14, chapter 197, Oregon Laws 2017. The text that is operative on and after January 1, 2019, is set forth for the user’s convenience.

652.210 (Definitions for ORS 652.210 to 652.235). As used in ORS 652.210 (Definitions for ORS 652.210 to 652.235) to 652.235 (Motion to disallow award of compensatory and punitive damages), unless the context requires otherwise:

(1) “Compensation” includes wages, salary, bonuses, benefits, fringe benefits and equity-based compensation.

(2) “Employee” means any individual who, otherwise than as a copartner of the employer, as an independent contractor or as a participant in a work training program administered under the state or federal assistance laws, renders personal services wholly or partly in this state to an employer who pays or agrees to pay such individual at a fixed rate. However, when services are rendered only partly in this state, an individual is not an employee unless the contract of employment of the employee has been entered into, or payments thereunder are ordinarily made or to be made, within this state.

(3)(a) “Employer” means any person employing one or more employees, including the State of Oregon or any 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.

(b) “Employer” does not include the federal government.

(4) “Equal-pay analysis” means an evaluation process to assess and correct wage disparities among employees who perform work of comparable character.

(5) “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age.

(6) “Rate” with reference to wages means:

(a) The basis of compensation for services by an employee for an employer; and

(b) Compensation based on the time spent in the performance of the services, on the number of operations accomplished or on the quantity produced or handled.

(7) “Sexual orientation” has the meaning given that term in ORS 174.100 (Definitions).

(8) “Unpaid wages” means the difference between the wages actually paid to an employee and the wages required under ORS 652.220 (Prohibition of discriminatory wage rates based on sex) to be paid to the employee.

(9) “Veteran status” means an individual is a veteran as defined in ORS 408.225 (Definitions for ORS 408.225 to 408.237).

(10) “Wages” means all compensation for performance of service by an employee for an employer, whether paid by the employer or another person, or paid in cash or any medium other than cash.

(11) “Working conditions” includes work environment, hours, time of day, physical surroundings and potential hazards encountered by an employee.

(12) “Work of comparable character” means work that requires substantially similar knowledge, skill, effort, responsibility and working conditions in the performance of work, regardless of job description or job title.

Notes of Decisions

Plaintiff was not employee where corpora­tion did not agree to pay plaintiff fixed rate and both agreed to share profits and losses. Thompson v. Bolliger, Hampton & Tarlow, 118 Or App 700, 849 P2d 526 (1993), Sup Ct review denied

Notes of Decisions

Where employer was charged with crim­i­nal viola­tion of Massachusetts pay­ment of wages statute for failing to pay discharged employees for their unused vaca­tion time, employer’s policy of paying discharged employees for unused vaca­tion time was not “employee welfare benefits plan” under sec­tion 3 (1) of Employee Retire­ment Income Security Act of 1974 (ERISA) and crim­i­nal ac­tion to enforce that policy is therefore not foreclosed by sec­tion 514 (a) of ERISA. Massachusetts v. Morash, 490 U.S. 107, 109 S. Ct. 1668, 104 L.Ed 98 (1989)

It is unnecessary to imply private right of ac­tion for employee against secured creditor in pos­ses­sion under ORS 652.310 (Definitions of employer and employee) to 652.405 (Disposition of wages collected by commissioner when payment cannot be made to person entitled thereto) when to do so would render pro­vi­sions of ORS 652.110 (Method of paying employees) to 652.250 (Public employee’s wages as affected by absence to engage in search or rescue operation) superfluous. Stout v. Citicorp Industrial Credit, Inc., 102 Or App 637, 796 P2d 373 (1990), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 652—Hours; Wages; Wage Claims; Records, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors652.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 652, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano652.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.