2017 ORS 653.035¹
Deducting value of lodging, meals and other benefits furnished by employer
  • treatment of commissions and tips

(1) Employers may deduct from the minimum wage to be paid employees under ORS 653.025 (Minimum wage rate), 653.030 (Commissioner may prescribe lower rates in certain cases) or 653.261 (Minimum employment conditions), the fair market value of lodging, meals or other facilities or services furnished by the employer for the private benefit of the employee.

(2) Employers may include commission payments to employees as part of the applicable minimum wage for any pay period in which the combined wage and commission earnings of the employee will comply with ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.261 (Minimum employment conditions). In any pay period where the combined wage and commission payments to the employee do not add up to the applicable minimum wage under ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.261 (Minimum employment conditions), the employer shall pay the minimum rate as prescribed in ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.261 (Minimum employment conditions).

(3) Employers, including employers regulated under the federal Fair Labor Standards Act, may not include any amount received by employees as tips in determining the amount of the minimum wage required to be paid by ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.261 (Minimum employment conditions). [1967 c.596 §§6, 7; 1977 c.238 §3]

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 entity’s 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 (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 653, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano653.­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.