2017 ORS 653.422¹
Covered employees
  • integrated enterprises
  • rules

(1) ORS 653.412 (Definitions) to 653.485 (Legislative intent) apply to an employee who is employed by an employer, as defined in ORS 652.310 (Definitions of employer and employee), that is also one or more of the following:

(a) A retail establishment that employs 500 or more employees worldwide, including but not limited to a chain or an integrated enterprise.

(b) A hospitality establishment that employs 500 or more employees worldwide, including but not limited to a chain or an integrated enterprise.

(c) A food services establishment that employs 500 or more employees worldwide, including but not limited to a chain or an integrated enterprise.

(2) To determine the number of employees employed by an employer, the calculation shall be based upon the average number of employees employed on each working day during each of 20 or more workweeks in the current calendar year or immediately preceding calendar year.

(3) Separate entities that form an integrated enterprise are considered a single employer under ORS 653.412 (Definitions) to 653.485 (Legislative intent). Separate entities will be considered an integrated enterprise and a single employer under ORS 653.412 (Definitions) to 653.485 (Legislative intent) where a separate entity controls the operation of another entity. The factors to consider in determining whether separate entities form an integrated enterprise include, but are not limited to:

(a) The degree of interrelation between the operations of multiple entities;

(b) The degree to which the entities share common management;

(c) The degree to which the entities have centralized control of labor relations; and

(d) The degree of common ownership or financial control over the entities.

(4) The Commissioner of the Bureau of Labor and Industries shall adopt rules in accordance with the provisions of subsection (3) of this section regarding how to determine when separate entities form an integrated enterprise for the purposes of ORS 653.412 (Definitions) to 653.485 (Legislative intent). [2017 c.691 §3]

Note: 653.422 (Covered employees) becomes operative July 1, 2018. See section 16, chapter 691, Oregon Laws 2017.

Note: See second note under 653.412 (Definitions).

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.