2015 ORS 653.010¹
Definitions for ORS 653.010 to 653.261

As used in ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.261 (Minimum employment conditions), 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 employers 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 (Minimum wage rate), 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 (Deducting value of lodging, meals and other benefits furnished by employer).

(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]

Notes of Decisions

Where defendants worked for subcontractor on construc­tion project, used their own tools to perform work, did not com­mu­ni­cate directly with plaintiff contractor and were paid by subcontractor, defendants were not employed by plaintiff contractor under economic realities test that determines whether plaintiff contractor had func­tional control over defendants so that defendants were dependent on plaintiff contractor; overrulingChard v. Beauty-N-Beast Salon, 148 Or App 623, 941 P2d 611 (1997). Cejas Commercial Interiors, Inc. v. Torres-Lizama, 260 Or App 87, 316 P3d 389 (2013)

Atty. Gen. Opinions

Jurisdic­tion of Wage and Hour Commission, (1974) Vol 37, p 163

Notes of Decisions

Person is employee for purposes of min­i­mum wage law if suffered or permitted to work. State ex rel Roberts v. Bomareto Ent., Inc., 153 Or App 183, 956 P2d 254 (1998), Sup Ct review denied

Atty. Gen. Opinions

Commission authority to prescribe rest periods for excluded employes, (1972) Vol 35, p 1112

Chapter 653

Atty. Gen. Opinions

Wage and Hour Commission jurisdic­tion to regulate govern­mental entitys employ­ment of mi­nors, (1979) Vol 39, p 489


1 Legislative Counsel Committee, CHAPTER 653—Minimum Wages; Employment Conditions; Minors, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors653.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 653, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano653.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.