US Laws, Codes, Statutes & Cases

Chapter 653 — Minimum Wages; Employment Conditions; Minors

 

2007 EDITION

 

MINIMUM WAGE; EMPLOYMENT CONDITIONS; MINORS

 

LABOR, EMPLOYMENT; UNLAWFUL DISCRIMINATION

 

MINIMUM WAGES; EMPLOYMENT CONDITIONS

 

653.010     Definitions for ORS 653.010 to 653.261

 

653.015     Statement of policy

 

653.017     Local minimum wage requirements; preemption; exceptions

 

653.020     Excluded employees

 

653.022     “Piece-rate-work-day” defined for ORS 653.020

 

653.025     Minimum wage rate

 

653.027     Wage rate for persons under 18 years of age in agriculture

 

653.030     Commissioner may prescribe lower rates in certain cases; rules

 

653.035     Deducting value of lodging, meals and other benefits furnished by employer; treatment of commissions and tips

 

653.040     Powers of commissioner; rules

 

653.045     Records to be kept by employers; itemization of deductions from wages

 

653.050     Employers to post summary of law and rules; commissioner to furnish summaries and copies

 

653.055     Liability of noncomplying employer; contrary agreements no defense; wage claims; suits to enjoin future violations; attorney fees

 

653.060     Discharging or discriminating against employee prohibited

 

653.065     Application of Administrative Procedures Act

 

653.070     Student-learners special wage; conditions; rules; penalties

 

653.075     Legislative findings on breast-feeding

 

653.077     Expressing milk in workplace; rules

 

653.079     Advisory committee on expressing milk in workplace; membership; duties

 

653.256     Civil penalty for general employment statute or rule violations

 

653.261     Minimum employment conditions; overtime; rules; meal periods; exemptions

 

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; rules

 

653.280     Employer to safeguard employee’s trade equipment

 

653.285     Liability of employer

 

653.295     Noncompetition agreements; bonus restriction agreements; applicability of restrictions

 

653.300     Health benefit plan options for certain employees; limitation on cost to employer or health benefit plan for exercise of option

 

EMPLOYMENT OF MINORS

 

653.305     Commission’s inquiry and order on employment of minors

 

653.307     Annual employment certificates; effect of failure by employer to comply; school districts required to cooperate with commission; rules

 

653.310     Employment certificates on file; list of minor employees

 

653.315     Working hours for children under 16 years of age; exceptions; mealtimes; posting notice of hours

 

653.320     Employment of children under 14 years; exceptions

 

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; conditions

 

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

 

WAGE AND HOUR COMMISSION

 

653.505     Wage and Hour Commission; appointment; confirmation; term; vacancies

 

653.510     Chairperson of commission; quorum; compensation and expenses

 

653.515     Commissioner as secretary; personnel and expenses

 

653.520     Duties of commission generally

 

653.525     Rules of commission

 

653.530     Meetings and hearings; authority of commission; rules; witness fees

 

653.535     Investigating compliance with orders; prosecution for violation

 

653.540     Assistance to commission

 

653.545     Visitation rights of commission; prosecution of offenses against child labor laws

 

PENALTIES

 

653.991     Penalties

 

      653.005 [Repealed by 1967 c.596 §15]

 

MINIMUM WAGES; EMPLOYMENT CONDITIONS

 

      653.010 Definitions for ORS 653.010 to 653.261. As used in ORS 653.010 to 653.261, unless the context requires otherwise:

      (1) “Commissioner” means the Commissioner of the Bureau of Labor and Industries.

      (2) “Employ” includes to suffer or permit to work but does not include voluntary or donated services performed for no compensation or without expectation or contemplation of compensation as the adequate consideration for the services performed for a public employer referred to in subsection (3) of this section, or a religious, charitable, educational, public service or similar nonprofit corporation, organization or institution for community service, religious or humanitarian reasons or for services performed by general or public assistance recipients as part of any work training program administered under the state or federal assistance laws.

      (3) “Employer” means any person who employs another person including the State of Oregon or a political subdivision thereof or any county, city, district, authority, public corporation or entity and any of their instrumentalities organized and existing under law or charter.

      (4) “Minor” means any person under 18 years of age.

      (5) “Occupation” means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which employees are gainfully employed.

      (6) “Organized camp” means a day or resident camp, whether or not operated for profit, established to give campers recreational, creative, religious or educational experience in cooperative group living wherein the activities are conducted on a closely supervised basis, whether or not the camp is used primarily by an organized group or by members of the public and whether or not the activities or facilities are furnished free of charge or for the payment of a fee.

      (7) “Outside salesperson” means any employee who is employed for the purpose of and who is customarily and regularly engaged away from the employer’s place or places of business in making sales, or obtaining orders, or obtaining contracts for services and whose hours of work of any other nature for the employer do not exceed 30 percent of the hours worked in the workweek by the nonexempt employees of the employer.

      (8) “Piece-rate” means a rate of pay calculated on the basis of the quantity of the crop harvested.

      (9) “Salary” means no less than the wage set pursuant to ORS 653.025, multiplied by 2,080 hours per year, then divided by 12 months.

      (10) “Wages” means compensation due to an employee by reason of employment, payable in legal tender of the United States or check on banks convertible into cash on demand at full face value, subject to such deductions, charges or allowances as are permitted in ORS 653.035.

      (11) “Work time” includes both time worked and time of authorized attendance. [1967 c.596 §2; 1979 c.153 §2; 1983 c.274 §1; 1985 c.99 §1; 1985 c.170 §1; 1989 c.446 §1; 1991 c.829 §2; 1993 c.739 §24; 2003 c.14 §398]

 

      653.015 Statement of policy. It is declared to be the policy of the State of Oregon to establish minimum wage standards for workers at levels consistent with their health, efficiency and general well-being. [1967 c.596 §1]

 

      653.017 Local minimum wage requirements; preemption; exceptions. (1) As used in this section:

      (a) “Local government” includes a county, city, district or other public corporation, authority or entity organized and existing under statute or city or county charter.

      (b) “Public employer” means a political subdivision of the State of Oregon, including counties, cities, districts, as defined in ORS 198.010 and 198.180, and public and quasi-public corporations.

      (2) Except as provided in subsection (3) of this section, the State of Oregon preempts all charter and statutory authority of local governments to set any minimum wage requirements.

      (3) A local government may set minimum wage requirements:

      (a) For public employers;

      (b) In specifications for public contracts entered into by the local government; and

      (c) As a condition of the local government providing direct tax abatements or subsidies for private employers with 10 or more employees. [2001 c.967 §1]

 

      Note: 653.017 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      653.020 Excluded employees. ORS 653.010 to 653.261 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.

      (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.

      (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 employed as a resident manager by an adult foster home that is licensed pursuant to ORS 443.705 to 443.825 and who is domiciled at the adult foster home.

      (17) 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.

      (18) 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. [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]

 

      653.022 “Piece-rate-work-day” defined for ORS 653.020. As used in ORS 653.020 (1), “piece-rate-work-day” means any day during which an employee performs any agricultural labor on a piece-rate basis for not less than one hour. For the purposes of this section, “employee” does not include any individual

employed by an employer in agriculture if such individual is the parent, spouse, child or other member of the employer’s immediate family. [1971 c.758 §2; 1989 c.446 §3]

 

      653.025 Minimum wage rate. (1) Except as provided by ORS 652.020 and the rules of the Commissioner of the Bureau of Labor and Industries issued under ORS 653.030 and 653.261, 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 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.

 

      653.027 Wage rate for persons under 18 years of age in agriculture. An employer who employs individuals under 18 years of age in agricultural labor and who pays such individuals by the amount of work produced or services rendered shall pay such individuals the same rate of payment for the work produced or services required as paid to individuals 18 years of age or older. [1973 c.403 §2; 1993 c.18 §130]

 

      653.029 [1975 c.504 §2; 1977 c.238 §2; 1979 c.832 §2; 1985 c.161 §2; repealed by 1989 c.446 §5]

 

      653.030 Commissioner may prescribe lower rates in certain cases; rules. The Commissioner of the Bureau of Labor and Industries shall issue rules prescribing the employment of other types of persons at fixed minimum hourly wage rates lower than the minimum wage rate required by ORS 653.025, when the commissioner has determined that the application of ORS 653.025 would substantially curtail opportunities for employment for specific types of persons. The types of persons for whom a minimum hourly wage rate may be set are limited to persons with mental or physical disabilities or who are student-learners, as defined in ORS 653.070. [1967 c.596 §5 (1); 1973 c.403 §4; 1979 c.886 §2; 1981 c.850 §1; 1985 c.99 §3; 2007 c.70 §282]

 

      653.035 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, 653.030 or 653.261, 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 to 653.261. 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 to 653.261, the employer shall pay the minimum rate as prescribed in ORS 653.010 to 653.261.

      (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 to 653.261. [1967 c.596 §§6, 7; 1977 c.238 §3]

 

      653.040 Powers of commissioner; rules. The Commissioner of the Bureau of Labor and Industries, in addition to the commissioner’s other powers, may:

      (1) Investigate and ascertain the wages of persons employed in any occupation or place of employment in the state.

      (2) Require from an employer statements, including sworn statements, with respect to wages, hours, names and addresses and such other information pertaining to the employer’s employees or their employment as the commissioner considers necessary to carry out ORS 653.010 to 653.261.

      (3) Make such rules as the commissioner considers appropriate to carry out the purposes of ORS 653.010 to 653.261, or necessary to prevent the circumvention or evasion of ORS 653.010 to 653.261 and to establish and safeguard the minimum wage rates provided for under ORS 653.010 to 653.261. [1967 c.596 §8; 1985 c.99 §4; 2003 c.2 §2; 2005 c.22 §458]

 

      653.045 Records to be kept by employers; itemization of deductions from wages. (1) Every employer required by ORS 653.025 or by any rule, order or permit issued under ORS 653.030 to pay a minimum wage to any of the employer’s employees shall make and keep available to the Commissioner of the Bureau of Labor and Industries for not less than two years, a record or records containing:

      (a) The name, address and occupation of each of the employer’s employees.

      (b) The actual hours worked each week and each pay period by each employee.

      (c) Such other information as the commissioner prescribes by the commissioner’s rules if necessary or appropriate for the enforcement of ORS 653.010 to 653.261 or of the rules and orders issued thereunder.

      (2) Each employer shall keep the records required by subsection (1) of this section open for inspection or transcription by the commissioner or the commissioner’s designee at any reasonable time.

      (3) Every employer of one or more employees covered by ORS 653.010 to 653.261 shall supply each of the employer’s employees with itemized statements of amounts and purposes of deductions in the manner provided in ORS 652.610. [1967 c.596 §9; 1985 c.99 §5]

 

      653.050 Employers to post summary of law and rules; commissioner to furnish summaries and copies. Every employer required by ORS 653.025 or by any rules, orders or permit issued under ORS 653.030 or 653.261 to pay a minimum wage to any of the employer’s employees shall keep summaries of ORS 653.010 to 653.261, summaries of all rules promulgated by the Commissioner of the Bureau of Labor and Industries pursuant to ORS 653.010 to 653.261 and summaries of all rules promulgated by the Wage and Hour Commission posted in a conspicuous and accessible place in or about the premises where such employees are employed. Employers shall be furnished copies of these summaries by the commissioner without charge. In addition, upon request, the commissioner shall furnish the complete text of all rules promulgated pursuant to ORS 653.010 to 653.261 and by the Wage and Hour Commission to any employer without charge. [1967 c.596 §10; 1977 c.238 §4; 1985 c.99 §6]

 

      653.055 Liability of noncomplying employer; contrary agreements no defense; wage claims; suits to enjoin future violations; attorney fees. (1) Any employer who pays an employee less than the wages to which the employee is entitled under ORS 653.010 to 653.261 is liable to the employee affected:

      (a) For the full amount of the wages, less any amount actually paid to the employee by the employer; and

      (b) For civil penalties provided in ORS 652.150.

      (2) Any agreement between an employee and an employer to work at less than the wage rate required by ORS 653.010 to 653.261 is no defense to an action under subsection (1) of this section.

      (3) The Commissioner of the Bureau of Labor and Industries has the same powers and duties in connection with a wage claim based on ORS 653.010 to 653.261 as the commissioner has under ORS 652.310 to 652.445 and in addition the commissioner may, without the necessity of assignments of wage claims from employees, initiate suits against employers to enjoin future failures to pay required minimum wages or overtime pay and to require the payment of minimum wages and overtime pay due employees but not paid as of the time of the filing of suit. The commissioner may join in a single proceeding and in one cause of suit any number of wage claims against the same employer. If the commissioner does not prevail in such action, the commissioner shall pay all costs and disbursements from the Bureau of Labor and Industries Account.

      (4) The court may award reasonable attorney fees to the prevailing party in any action brought by an employee under this section. [1967 c.596 §11; 1977 c.513 §1; 1981 c.850 §2; 1981 c.897 §90; 1985 c.99 §7; 1995 c.618 §111]

 

      653.060 Discharging or discriminating against employee prohibited. (1) An employer may not discharge or in any other manner discriminate against an employee because:

      (a) The employee has made complaint that the employee has not been paid wages in accordance with ORS 653.010 to 653.261.

      (b) The employee has caused to be instituted or is about to cause to be instituted any proceedings under or related to ORS 653.010 to 653.261.

      (c) The employee has testified or is about to testify in any such proceedings.

      (2) A violation of this section is an unlawful employment practice under ORS chapter 659A. A person unlawfully discriminated against under this section may file a complaint under ORS 659A.820 with the Commissioner of the Bureau of Labor and Industries. [1967 c.596 §12; 2007 c.278 §2]

 

      653.065 Application of Administrative Procedures Act. (1) All proceedings under ORS 653.010 to 653.261 shall be conducted in compliance with ORS chapter 183.

      (2) All rules of the Commissioner of the Bureau of Labor and Industries under ORS 653.010 to 653.261 shall be issued in compliance with ORS chapter 183. [1967 c.596 §13; 1985 c.99 §8]

 

      653.070 Student-learners special wage; conditions; rules; penalties. (1) As used in this section:

      (a) “Bona fide professional training program” includes any professional training program approved by the Superintendent of Public Instruction pursuant to rules of the State Board of Education which provides for part-time employment training which may be scheduled for a part of the workday or workweek, for alternating weeks or for other limited periods during the year, supplemented by and integrated with a definitely organized plan of instruction designed to teach technical knowledge and related information given as a regular part of the student-learner’s course by an accredited school, college or university.

      (b) “Student-learner” means a student who is receiving instruction in an accredited school, college or university and who is employed on a part-time basis, pursuant to a bona fide professional training program.

      (2) Notwithstanding ORS 653.025, employers shall pay student-learners at least 75 percent of the minimum wage prescribed by ORS 653.025.

      (3) The number of hours of employment training for a student-learner at subminimum wages, when added to the hours of school instruction, shall not exceed eight hours on any day or 40 hours in any week.

      (4) The Commissioner of the Bureau of Labor and Industries may adopt rules prescribing the procedures and requirements for application and issuance of special certificates authorizing the employment of student-learners at subminimum wages. The rules shall require that the following conditions be satisfied before the issuance of such special certificates:

      (a) The employment of the student-learner at subminimum wages authorized by the special certificate must be necessary to prevent curtailment of opportunities for employment.

      (b) The occupation for which the student-learner is receiving preparatory training must require a sufficient degree of skill to necessitate a substantial learning period.

      (c) The training must not be for the purpose of acquiring manual dexterity and high production speed in repetitive operations.

      (d) The employment of a student-learner must not have the effect of displacing a worker employed in the establishment.

      (e) The employment of the student-learners at subminimum wages must not tend to impair or depress the wage rates or working standards established for experienced workers for work of a like or comparable character.

      (f) The occupational needs of the community or industry warrant the training of student-learners.

      (g) There are no serious outstanding violations of the provisions of a student-learner certificate previously issued to the employer, or serious violations of any other provisions of law by the employer which provide reasonable grounds to conclude that the terms of the certificate would not be complied with, if issued.

      (h) The issuance of such a certificate would not tend to prevent the development of apprenticeship under ORS 660.002 to 660.210 or would not impair established apprenticeship standards in the occupation or industry involved.

      (i) The number of student-learners to be employed in one establishment must not be more than a small proportion of its working force.

      (5) Failure to comply with subsection (2) or (3) of this section shall subject the employer to a penalty of 75 percent of the minimum wage prescribed by ORS 653.025 for each hour of work time that the student-learner is gainfully employed. The Commissioner of the Bureau of Labor and Industries shall have a cause of action against the employer for the recovery of the penalty. [1979 c.886 §5; 1981 c.850 §3; 1989 c.491 §62; 1995 c.343 §50]

 

      Note: 653.070 was added to and made a part of ORS chapter 653 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      653.075 Legislative findings on breast-feeding. The Legislative Assembly finds that:

      (1) Women with infants and toddlers are the fastest growing sector of today’s labor force, with at least 50 percent of pregnant women who are employed returning to work by the time their children are three months old.

      (2) The American Academy of Pediatrics recommends that every child be breast-fed for at least the first 12 months of life and urges that arrangements be made for expressing breast milk if the mother and child are separated.

      (3) Women who wish to continue breast-feeding after returning to work have relatively simple needs. These needs include a clean, convenient, private location to express milk at the work site and adequate break time in which to do so. [2005 c.466 §1]

 

      653.077 Expressing milk in workplace; rules. (1) As used in this section:

      (a) “Reasonable efforts” means efforts that do not impose an undue hardship on the operation of an employer’s business.

      (b) “Undue hardship” means significant difficulty or expense when considered in relation to the size, financial resources, nature or structure of the employer’s business.

      (2)(a) An employer shall provide reasonable unpaid rest periods to accommodate an employee who needs to express milk for her child.

      (b) The employee shall provide reasonable notice to the employer that the employee intends to express milk upon returning to work.

      (c) Unless otherwise agreed to by the employer and the employee, the employer shall provide the employee a 30-minute rest period to express milk during each four-hour work period, or the major part of a four-hour work period, to be taken by the employee approximately in the middle of the work period.

      (d) The employee shall, if feasible, take the rest periods to express milk at the same time as the rest periods or meal periods that are otherwise provided to the employee.

      (e) If the employer is required by law or contract to provide the employee with paid rest periods, the employer shall treat the rest periods used by the employee for expressing milk as paid rest periods, up to the amount of time the employer is required to provide as paid rest periods. If an employee takes unpaid rest periods, the employer may allow the employee to work before or after her normal shift to make up the amount of time used during the unpaid rest periods. If the employee does not work to make up the amount of time used during the unpaid rest periods, the employer is not required to compensate the employee for that time.

      (3) When an employer’s contribution to an employee’s health insurance is influenced by the number of hours the employee works, the employer shall treat any unpaid rest periods used by the employee to express milk as paid work time for the purpose of measuring the number of hours the employee works.

      (4) An employer is not required to provide rest periods under this section if to do so would impose an undue hardship on the operation of the employer’s business.

      (5)(a) An employer shall make reasonable efforts to provide a location, other than a public restroom or toilet stall, in close proximity to the employee’s work area for the employee to express milk in private.

      (b) The location may include, but is not limited to:

      (A) The employee’s work area if the work area meets the requirements of paragraph (a) of this subsection;

      (B) A room connected to a public restroom, such as a lounge, if the room allows the employee to express milk in private; or

      (C) A child care facility in close proximity to the employee’s work location where the employee can express milk in private.

      (6) An employer may allow an employee to temporarily change job duties if the employee’s regular job duties do not allow her to express milk.

      (7) This section applies only to an employer whose employee is expressing milk for her child 18 months of age or younger.

      (8) This section applies only to employers who employ 25 or more employees in the State of Oregon for each working day during each of 20 or more calendar workweeks in the year in which the rest periods are to be taken or in the year immediately preceding the year in which the rest periods are to be taken.

      (9) Notwithstanding ORS 653.020 (3), this section applies to individuals engaged in administrative, executive or professional work as described in ORS 653.020 (3).

      (10)(a) In addition to, and not in lieu of, any other requirement under this section, each school district board shall adopt a policy regarding breast-feeding in the workplace to accommodate an employee who needs to express milk for her child.

      (b) Each policy must, at a minimum, designate a location at the school facility, other than a public restroom or toilet stall, in close proximity to the employee’s work area for the employee to express milk in private.

      (c) A policy adopted under this subsection, including the designated locations where an employee may express milk, must be published in an employee handbook. In addition, a list of the designated locations must be readily available, upon request, in the central office of each school facility and in the central administrative office for each school district.

      (11) The Commissioner of the Bureau of Labor and Industries shall adopt rules to implement and enforce this section. [2005 c.466 §2; 2007 c.144 §1]

 

      Note: 653.077 (10) first applies to the 2008-2009 school year. See section 7, chapter 144, Oregon Laws 2007.

 

      653.079 Advisory committee on expressing milk in workplace; membership; duties. (1) The Commissioner of the Bureau of Labor and Industries shall appoint an advisory committee. The advisory committee must include equal representation of members from labor and management.

      (2) Upon request by a particular industry or profession, the advisory committee shall:

      (a) Determine when the ordinary course of the requesting industry or profession makes compliance with ORS 653.077 difficult for an employer in that industry or profession; and

      (b) Submit to the commissioner recommendations for rules that address compliance difficulties in that industry or profession.

      (3) The commissioner shall determine the terms and organization of the advisory committee.

      (4) All agencies of state government, as defined in ORS 174.111, are directed to assist the advisory committee in the performance of its duties and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the advisory committee consider necessary to perform their duties. [2007 c.144 §4]

 

      Note: 653.079 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      653.105 [Amended by 1953 c.123 §2; repealed by 1967 c.596 §15]

 

      653.110 [Repealed by 1967 c.596 §15]

 

      653.115 [Repealed by 1967 c.596 §15]

 

      653.120 [Repealed by 1967 c.596 §15]

 

      653.125 [Repealed by 1967 c.596 §15]

 

      653.205 [Amended by 1961 c.337 §1; repealed by 1967 c.596 §15]

 

      653.210 [Repealed by 1967 c.596 §15]

 

      653.215 [Repealed by 1967 c.596 §15]

 

      653.220 [Repealed by 1967 c.596 §15]

 

      653.225 [Repealed by 1967 c.596 §15]

 

      653.230 [Repealed by 1967 c.596 §15]

 

      653.235 [Repealed by 1967 c.596 §15]

 

      653.240 [Repealed by 1967 c.596 §15]

 

      653.245 [Repealed by 1967 c.596 §15]

 

      653.250 [Repealed by 1967 c.596 §15]

 

      653.255 [Repealed by 1967 c.596 §15]

 

      653.256 Civil penalty for general employment statute or rule violations. (1) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed $1,000 against any person who willfully violates ORS 653.025, 653.030, 653.045, 653.050, 653.060 or 653.261 or any rule adopted thereunder.

      (2) In addition to any other penalty provided by law, the commissioner may assess a civil penalty not to exceed $1,000 against any person who intentionally violates ORS 653.077 or any rule adopted thereunder.

      (3) Civil penalties authorized by this section shall be imposed in the manner provided in ORS 183.745.

      (4)(a) All sums collected as penalties under this section shall be first applied toward reimbursement of costs incurred in determining the violations, conducting hearings under this section and addressing and collecting the penalties.

      (b) The remainder, if any, of the sums collected as penalties under subsection (1) of this section shall be paid over by the commissioner to the Department of State Lands for the benefit of the Common School Fund of this state. The department shall issue a receipt for the money to the commissioner.

      (c) The remainder, if any, of the sums collected as penalties under subsection (2) of this section shall be paid over by the commissioner to the Department of Human Services for the benefit of the Breastfeeding Mother Friendly Employer Project. The department shall issue a receipt for the moneys to the commissioner. [1997 c.314 §2; 2001 c.690 §3; 2007 c.144 §2]

 

      653.260 [Repealed by 1967 c.596 §15]

 

      653.261 Minimum employment conditions; overtime; rules; meal periods; exemptions. (1) The Commissioner of the Bureau of Labor and Industries may adopt rules prescribing such minimum conditions of employment, excluding minimum wages, in any occupation as may be necessary for the preservation of the health of employees. The rules may include, but are not limited to, minimum meal periods and rest periods, and maximum hours of work, but not less than eight hours per day or 40 hours per week; however, after 40 hours of work in one week overtime may be paid, but in no case at a rate higher than one and one-half times the regular rate of pay of the employees when computed without benefit of commissions, overrides, spiffs and similar benefits.

      (2) Nothing contained in ORS 653.010 to 653.261 shall be construed to confer authority upon the commissioner to regulate the hours of employment of employees engaged in production, harvesting, packing, curing, canning, freezing or drying any variety of agricultural crops, livestock, poultry or fish.

      (3) Rules adopted by the commissioner pursuant to subsection (1) of this section do not apply to individuals employed by this state or a political subdivision or quasi-municipal corporation thereof if other provisions of law or collective bargaining agreements prescribe rules pertaining to conditions of employment referred to in subsection (1) of this section, including meal periods, rest periods, maximum hours of work and overtime.

      (4) Rules adopted by the commissioner pursuant to subsection (1) of this section regarding meal periods and rest periods do not apply to nurses who provide acute care in hospital settings if provisions of collective bargaining agreements entered into by the nurses prescribe rules concerning meal periods and rest periods.

      (5)(a) The commissioner shall adopt rules regarding meal periods for employees who serve food or beverages, receive tips and report the tips to the employer.

      (b) In rules adopted by the commissioner under paragraph (a) of this subsection, the commissioner shall permit an employee to waive a meal period. However, an employer may not coerce an employee into waiving a meal period.

      (c) Notwithstanding ORS 653.256 (1), in addition to any other penalty provided by law, the commissioner may assess a civil penalty not to exceed $2,000 against an employer that the commissioner finds has coerced an employee into waiving a meal period in violation of this subsection. Each violation is a separate and distinct offense. In the case of a continuing violation, each day’s continuance is a separate and distinct violation.