2017 ORS 653.412¹
Definitions

As used in ORS 653.412 (Definitions) to 653.485 (Legislative intent), unless the context requires otherwise:

(1) “Chain” means an establishment that is part of an affiliation of two or more establishments within the United States, each of which is owned by the same person or entity and operate under identical or substantially similar trade names or service marks, both as defined in ORS 647.005 (Definitions).

(2)(a) “Employee” means an employee, as defined in ORS 652.310 (Definitions of employer and employee), who is employed in a retail establishment, a hospitality establishment or a food services establishment and is engaged in providing services relating to:

(A) Retail trade, as that term is used in the 2012 North American Industry Classification System under code 44-45;

(B) Hotels and motels, as those terms are used in the 2012 North American Industry Classification System under code 721110, or casino hotels, as that term is used in the 2012 North American Industry Classification System under code 721120; or

(C) Food services, as that term is used in the 2012 North American Industry Classification System under code 722.

(b) “Employee” does not include:

(A) A salaried employee described in ORS 653.020 (Excluded employees) (3);

(B) A worker supplied to an employer by a worker leasing company, as defined in ORS 656.850 (License); or

(C) An employee of a business that provides services to or on behalf of an employer.

(3) “Employer” means an employer, or a successor to an employer, described in ORS 653.422 (Covered employees) (1).

(4) “Food services establishment” means the fixed point of sale location for establishments defined in the 2012 North American Industry Classification System under code 722 as food services and drinking places.

(5) “Hospitality establishment” has the meaning provided in the 2012 North American Industry Classification System under code 721110 for hotels and motels and code 721120 for casino hotels.

(6) “On-call shift” means any time that an employer requires an employee to be available to work or to contact the employer or wait to be contacted by the employer for the purpose of determining whether the employee must report to work. During the shift, on-call status applies regardless of whether the employee is located on or off the employer’s premises.

(7) “Regular rate of pay” means the regular hourly rate or hourly equivalent that an employer must pay an employee for each hour the employee works during a given work shift, including any shift differential pay. “Regular rate of pay” does not include:

(a) Tips;

(b) Bonuses or other incentive payments;

(c) Overtime, holiday pay or other premium rate; or

(d) Any additional compensation an employer is required to pay an employee under ORS 653.442 (Right to rest between work shifts) or 653.455 (Compensation for work schedule changes).

(8) “Retail establishment” means the fixed point of sale location for an establishment defined in the 2012 North American Industry Classification System under codes 441110 to 453998 as a retail trade establishment.

(9) “Shift differential pay” means a pay differential meant to compensate an employee for work performed under differing conditions, such as for working at night. “Shift differential pay” does not include any additional compensation an employer is required to pay an employee under ORS 653.442 (Right to rest between work shifts) or 653.455 (Compensation for work schedule changes).

(10) “Successor” means a business or enterprise that is substantially the same entity as the predecessor employer according to criteria adopted by the Bureau of Labor and Industries by rule and consistent with federal law.

(11) “Time of hire” means the period after an offer of employment and acceptance of the offer of employment and on or before the commencement of employment.

(12) “Work schedule” means the hours, days and times, including regular work shifts and on-call shifts, when an employee is required by an employer to perform duties of employment for which the employee will receive compensation.

(13) “Work shift” means the specific and consecutive hours the employer requires the employee to work.

(14) “Workweek” means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. A workweek may begin on any day of the week and any hour of the day and need not coincide with a calendar week. The beginning of a workweek may be changed if the change is intended to be permanent.

(15) “Writing” or “written” means a printed or printable communication in physical or electronic format including a communication that is transmitted through electronic mail, text message or a computer system or is otherwise sent and stored electronically.

(16) “Year” means any fixed, consecutive 12-month period of time. [2017 c.691 §2]

Note: 653.412 (Definitions) becomes operative July 1, 2018. See section 16, chapter 691, Oregon Laws 2017.

Note: 653.412 (Definitions) to 653.485 (Legislative intent) were added to and made a part of ORS chapter 653 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

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.