2015 ORS 653.025¹
Minimum wage rate

Caution-flag-2-25x25
This section is amended
Effective March 2, 2016
Relating to minimum wage; creating new provisions; amending ORS 653.025; and declaring an emergency.

(1) Except as provided by ORS 652.020 (Maximum working hours in certain industries) and the rules of the Commissioner of the Bureau of Labor and Industries issued under ORS 653.030 (Commissioner may prescribe lower rates in certain cases) and 653.261 (Minimum employment conditions), for each hour of work time that the employee is gainfully employed, no employer shall employ or agree to employ any employee at wages computed at a rate lower than:

(a) For calendar year 1997, $5.50.

(b) For calendar year 1998, $6.00.

(c) For calendar years after December 31, 1998, and before January 1, 2003, $6.50.

(d) For calendar year 2003, $6.90.

(e) For calendar years after 2003, a rate adjusted for inflation.

(2)(a) The Oregon minimum wage shall be adjusted annually for inflation, as provided in paragraph (b) of this subsection.

(b) No later than September 30 of each year, beginning in calendar year 2003, the commissioner shall calculate an adjustment of the wage amount specified in subsection (1) of this section based upon the increase (if any) from August of the preceding year to August of the year in which the calculation is made in the U.S. City Average Consumer Price Index for All Urban Consumers for All Items as prepared by the Bureau of Labor Statistics of the United States Department of Labor or its successor.

(c) The wage amount established under this subsection shall:

(A) Be rounded to the nearest five cents; and

(B) Become effective as the new Oregon minimum wage, replacing the dollar figure specified in subsection (1) of this section, on January 1 of the following year. [1967 c.596 §4; 1973 c.403 §3; 1975 c.504 §1; 1979 c.832 §1; 1979 c.886 §1; 1985 c.99 §2; 1985 c.161 §1; 1989 c.446 §4; 1997 c.1 §1; 2003 c.2 §1]

Note: The amendments to ORS 653.025 (Minimum wage rate) by section 1, chapter 2, Oregon Laws 2003 (Ballot Measure No. 25 (2002)), incorrectly set forth paragraphs (1)(a) to (e) as subsections (1) to (5) and included nonstandard internal references. These form and style errors have been corrected by Legislative Counsel pursuant to ORS 173.160 (Powers and duties of Legislative Counsel in preparing editions for publication).

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

  • KTVZ.com, Sep 16, 2009
    “PORTLAND- Oregon Labor Commissioner Brad Avakian announced Wednesday that the state's min­i­mum wage will remain $8.40 next year. Due to a dec­line of 1.48% in the Consumer Price Index (CPI) from August 2008 to August 2009...”
  • Oregon Business Report / Ater Wyne LLP, Jan 9, 2014
    “Last month, in Cejas Commercial Interiors, Inc., v. Torres-Lizama, the Oregon Court of Appeals adopted the “economic realities test” for determining whether an individual is an employee under Oregon’s min­i­mum wage statute.”

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.