ORS 653.020
Excluded employees


ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.261 (Minimum employment conditions) do not apply to any of the following employees:

(1)

An individual employed in agriculture if:

(a)

Such individual is employed as a hand harvest or pruning laborer and is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment and is employed by an employer who did not, during any calendar quarter during the preceding year, use more than 500 piece-rate-work-days of agricultural labor;

(b)

Such individual is the parent, spouse, child or other member of the employer’s immediate family;

(c)

Such individual:

(A)

Is employed as a hand harvest or pruning laborer and is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment;

(B)

Commutes daily from a permanent residence to the farm on which the individual is so employed; and

(C)

Has been employed in agricultural labor less than 13 weeks during the preceding calendar year;

(d)

Such individual, other than an individual described in paragraph (c) of this subsection:

(A)

Is 16 years of age or under and is employed as a hand harvest laborer, is paid on a piece-rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment; and

(B)

Is paid at the same piece-rate as employees over 16 years of age on the same farm; or

(e)

Such employee is principally engaged in the range production of livestock and earns a salary and is paid on a salary basis.

(2)

An individual employed in domestic service on a casual basis in or about a family home.

(3)

An individual engaged in administrative, executive or professional work 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.

(4)

An individual employed by the United States.

(5)

An individual who is employed by an institution whose function is primary or secondary education, and in which the individual is an enrolled student.

(6)

An individual engaged in the capacity of an outside salesperson or taxicab operator.

(7)

An individual domiciled at a place of employment for the purpose of being available for emergency or occasional duties for time other than that spent performing these duties, provided that when the individual performs emergency or occasional duties, the individual must be paid no less than the wage specified in ORS 653.025 (Minimum wage rate).

(8)

An individual paid for specified hours of employment, the only purpose of which is to be available for recall to duty.

(9)

An individual domiciled at multiunit accommodations designed to provide other people with temporary or permanent lodging, for the purpose of maintenance, management or assisting in the management of same.

(10)

An individual employed on a seasonal basis at:

(a)

An organized camp operated for profit that generates gross annual income of less than $500,000; or

(b)

A nonprofit organized camp.

(11)

An individual employed at a nonprofit conference ground or center operated for educational, charitable or religious purposes.

(12)

An individual who performs services as a volunteer firefighter, as defined in ORS 652.050 (Definitions for ORS 652.050 to 652.080).

(13)

An individual who performs child care services in the home of the individual or in the home of the child.

(14)

An individual employed in domestic service employment in or about a family home to provide companionship services for individuals who, because of age or infirmity, are unable to care for themselves.

(15)

An individual who performs service as a caddy at a golf course in an established program for the training and supervision of caddies under the direction of a person who is an employee of the golf course.

(16)

An individual who volunteers as a golf course marshal if:

(a)

The services the individual provides are limited to monitoring starting times and speed of play and informing golfers of golf course etiquette;

(b)

The individual is not allowed to provide volunteer golf course marshal services for more than 30 hours in a calendar week; and

(c)

The individual receives no wage other than golf passes for providing the volunteer golf course marshal services.

(17)

An individual employed as a resident manager by an adult foster home that is licensed pursuant to ORS 443.705 (Definitions for ORS 443.705 to 443.825) to 443.825 (Disposition of penalties recovered) and who is domiciled at the adult foster home.

(18)

An individual residing in a mobile home park or manufactured dwelling park designed to provide other people with temporary or permanent lodging, for the purpose of maintenance, management or in assisting in the management of same.

(19)

An individual who volunteers as a campground host and who resides in a campground owned by a public agency that provides temporary accommodations for travelers, whether under public or private management, and who provides information and emergency assistance.

(20)

An individual who:

(a)

Is registered with the National Ski Patrol or a similar nonprofit ski patrol organization as a nonprofessional ski patroller and who receives no wage other than passes authorizing access to and use of a ski area, as defined in ORS 30.970 (Definitions for ORS 30.970 to 30.990), for performing ski patrol services, including but not limited to services related to preserving the safety of and providing information to skiers or snowboarders; or

(b)

Receives no wage other than passes authorizing access to and use of a ski area, as defined in ORS 30.970 (Definitions for ORS 30.970 to 30.990), for performing services directly related to the organizing or conducting of skiing or snowboarding races or other similar competitions that are:

(A)

Sponsored and organized by a nonprofit corporation, as defined in ORS 65.001 (Definitions); and

(B)

Held in a ski area, as defined in ORS 30.970 (Definitions for ORS 30.970 to 30.990). [1967 c.596 §3; 1971 c.758 §3; 1973 c.383 §1; 1977 c.238 §1; 1979 c.153 §1; 1981 c.361 §1; 1983 c.319 §3; 1989 c.446 §2; 1991 c.829 §1; 1991 c.870 §1; 1993 c.494 §1; 1995 c.466 §1; 1995 c.497 §1; 1997 c.300 §1; 2008 c.32 §1; 2011 c.376 §1]

Source: Section 653.020 — Excluded employees, https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html.

Attorney General Opinions

Commission authority to prescribe rest periods for excluded employes, (1972) Vol 35, p 1112; jurisdiction of Wage and Hour Commission, (1974) Vol 37, p 163

653.010
Definitions for ORS 653.010 to 653.261
653.015
Statement of policy
653.017
Local minimum wage requirements
653.020
Excluded employees
653.022
“Piece-rate-work-day” defined for ORS 653.020
653.025
Minimum wage rate
653.026
“Nonurban county” defined for ORS 653.025
653.027
Wage rate for persons under 18 years of age in agriculture
653.030
Commissioner may prescribe lower rates in certain cases
653.033
Schedule to increase certain subminimum wage rates for individuals with disabilities
653.035
Deducting value of lodging, meals and other benefits furnished by employer
653.040
Powers of commissioner
653.045
Records to be kept by employers
653.050
Employers to post summary of law and rules
653.055
Liability of noncomplying employer
653.060
Discharging or discriminating against employee prohibited
653.065
Application of Administrative Procedures Act
653.070
Student-learners special wage
653.075
Legislative findings on breast-feeding
653.077
Expressing milk in workplace
653.079
Advisory committee on expressing milk in workplace
653.256
Civil penalty for general employment statute or rule violations
653.261
Minimum employment conditions
653.263
Overtime for persons employed by seafood processors
653.265
Overtime for persons employed in canneries, driers and packing plants
653.268
Overtime for labor directly employed by public employers
653.269
Exceptions to ORS 653.268
653.280
Employer to safeguard employee’s trade equipment
653.285
Liability of employer
653.295
Noncompetition agreements
653.300
Health benefit plan options for certain employees
653.305
Bureau’s inquiry into employment of minors
653.307
Annual employment certificates
653.310
Employment certificates on file
653.315
Working hours for children under 16 years of age
653.320
Employment of children under 14 years
653.326
Employment of professionally trained minors allowed with permit
653.330
Employment of minors in certain logging operations prohibited
653.335
Employment of minors as elevator operators prohibited
653.340
Employment of minors for message and delivery service
653.345
Legislative findings
653.350
Employment of children under 12 years for certain agricultural labor
653.355
Exemption of certain employers
653.360
Employment of minors in certain boating, fishing and agricultural situations
653.362
Exemption of minors serving as soccer referees
653.365
Civil penalty exemption for unlawful employment of minors by parents or persons standing in place of parents
653.370
Civil penalty for unlawful employment of minors
653.400
Rules
653.403
Visitation rights of bureau
653.412
Definitions
653.422
Covered employees
653.428
Good faith estimate of work schedule
653.432
Voluntary standby list
653.436
Advance notice of work schedule
653.442
Right to rest between work shifts
653.450
Employee right to input into work schedule
653.455
Compensation for work schedule changes
653.460
Notice and posting requirements
653.465
Record retention requirements
653.470
Retaliation prohibited
653.480
Enforcement
653.485
Legislative intent
653.490
Local work schedule requirements
653.547
Definitions
653.549
Rules
653.551
Unlawful employment discrimination
653.553
Short title
653.560
Authority of Bureau of Labor and Industries
653.565
Investigating compliance with rules
653.601
Definitions for ORS 653.601 to 653.661
653.606
Employee count
653.611
Substantially equivalent policies
653.616
Allowable uses of sick time
653.621
Minimum use increments
653.626
Medical verification
653.631
Accrual amount records
653.636
Minimum requirements
653.641
Unlawful practices
653.646
Multiemployer exception
653.651
Enforcement
653.656
Rules
653.661
Preemption
653.991
Penalties
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