ORS 652.320¹
Definitions for ORS 652.310 to 652.414

As used in ORS 652.310 (Definitions of employer and employee) to 652.414 (Procedure for payment from fund), unless the context requires otherwise:

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

(2) “Court” means a court of competent jurisdiction and proper venue to entertain a proceeding referred to in ORS 652.310 (Definitions of employer and employee) to 652.414 (Procedure for payment from fund).

(3) “Demand” means a written demand for payment made during business hours on an employer or any appropriate representative of an employer by an employee or by some person having and exhibiting due authority to act in said employee’s behalf.

(4) “Pay” means to deliver or tender compensation at a previously designated and reasonably convenient place in this state, during working hours, in legal tender or by order or negotiable instrument payable and paid in legal tender without discount on demand in this state or by deposit without discount in an employee’s account in a financial institution, as defined in ORS 706.008 (Additional definitions for Bank Act), in this state, provided the employee and the employer have agreed to such deposit.

(5) “Payment” means the delivery, tender or deposit of compensation in the medium of payment described in subsection (4) of this section. Such delivery, tender or deposit shall be made to or for the account of the employee concerned or to or for the account of any person having due authority to act in said employee’s behalf.

(6) “Rate of payment” means the rate at which payment is made or is to be made in the manner described in this section.

(7) “Wage claim” means an employee’s claim against an employer for compensation for the employee’s own personal services, and includes any wages, compensation, damages or civil penalties provided by law to employees in connection with a claim for unpaid wages. [Amended by 1975 c.190 §1; 1975 c.488 §2; 1979 c.695 §1; 1999 c.59 §193; 1999 c.351 §39; 2001 c.7 §2]

Notes of Decisions

Where plaintiff remained on state payroll while on leave from state after assuming full-time duties as president of union and union reimbursed state for state’s pay­ments to plaintiff, state was paying plaintiff for rendering per­sonal services to union and state was not plaintiff’s employer under ORS 652.310 (Definitions of employer and employee); therefore, plaintiff did not make wage claim, as defined by this sec­tion, against plaintiff’s employer for per­sonal services rendered to plaintiff’s employer when plaintiff initiated wage-claim ac­tion against state for unpaid overtime wages plaintiff accrued while rendering per­sonal services to union. Dinicola v. State of Oregon, 280 Or App 488, 382 P3d 547 (2016), Sup Ct review denied

Atty. Gen. Opinions

Validity of 10-hour day, 40-hour week without overtime in public employ­ment, (1972) Vol 35, p 1083

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 (2019) (last ac­cessed May 16, 2020).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 652, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano652.­html (2019) (last ac­cessed May 16, 2020).
 
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. Currency Information