652.310
Definitions of employer and employee.
As used in ORS 652.310 to 652.414, unless the context requires otherwise:
(1) “Employer”
means any person who in this state, directly or through an agent, engages
personal services of one or more employees and includes any successor to the
business of any employer, or any lessee or purchaser of any employer’s business
property for the continuance of the same business, so far as such employer has
not paid employees in full. “Employer” includes the State of Oregon or any
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 but does not include:
(a) The United
States.
(b) Trustees and
assignees in bankruptcy or insolvency, and receivers, whether appointed by
federal or state courts, and persons otherwise falling under the definition of
employers so far as the times or amounts of their payments to employees are
regulated by laws of the United States, or regulations or orders made in
pursuance thereof.
(2) “Employee”
means any individual who otherwise than as copartner of the employer or as an
independent contractor renders personal services wholly or partly in this state
to an employer who pays or agrees to pay such individual at a fixed rate, based
on the time spent in the performance of such services or on the number of
operations accomplished, or quantity produced or handled. However:
(a) Where
services are rendered by an independent contractor, an individual shall not be
an employee under this section unless the individual is a musician or
supporting technical person.
(b) Where
services are rendered only partly in this state, an individual shall not be an employee
under this section unless the contract of employment of the employee has been
entered into, or payments thereunder are ordinarily made or to be made, within
this state. [Amended by 1963 c.348 §1; 1975 c.488 §1; 1985 c.100 §2; 2001 c.7 §1]
Notes of Decisions
Blanchana, LLC v. Bureau of Labor & Indus., 318 P.3d 735 (Or. 2014).
· cites it 37× “Blachana did not employ them directly or through an agent; Blachana obtained NW Sportsbar’s business assets, including its business name, goodwill, and the property left in the building, through repossession.”
Jones v. Four Corners Rod & Gun Club, 456 P.3d 616 (Or. 2020).
· cites it 4× “360(1) specifies that employers “may not by special contract or any other means exempt the employer from any provision of or liability or penalty imposed by ORS 652.310 to 652.414 or any statute relating to the payment of wages, [unless the Bureau of Labor and Industries…”
Taylor v. Werner Enter., Inc., 988 P.2d 384 (Or. 1999).
· cites it 7× “360 provides, in part: “No employer may by special contract or any other means exempt the employer from any provision of or liability or penalty imposed by ORS 652.310 to 652.414 or by any statute relating to the payment of wages, except insofar as the Commissioner of the Bureau…”
Delgado v. Del Monte Fresh Produce, N.A., Inc., 317 P.3d 419 (Or. Ct. App. 2014).
· cites it 8× “, 329 Or 461 , 988 P2d 384 (1999), the definition of “employer” in ORS 652.310(1) governs whether defendant was plaintiffs’ employer under ORS 652.”
North Marion Sch. Dist. 15 Ex Rel. Trejo v. Acstar Ins., 169 P.3d 1224 (Or. 2007).
· cites it 4× “150(1) imposes liability for penalty wages on a worker's "employer" and that, for purposes of that statute, the definition of employer in ORS 652.310(1) applies. 329 Or. at 467 , 988 P.”
Pope v. Jud. Dep't, 721 P.2d 462 (Or. Ct. App. 1986).
· cites it 9× “230 (prohibition against wage discrimination), and ORS 652.310, which specifically applies to ORS 652.”
Cejas Com. Interiors, Inc. v. Torres-Lizama, 316 P.3d 389 (Or. Ct. App. 2013).
· cites it 2× “310(1) (“‘Employer’ means any person who in this state *** engages personal services of one or more employees ***.”); In the Matter of All Season Insulation Company, Inc.”
Dinicola v. State, 382 P.3d 547 (Or. Ct. App. 2016).
· cites it 4× “The definitions for those terms are found in ORS 652.310: “(1) ‘Employer’ means any person who in this state, directly or through an agent, engages personal services of one or more employees and includes any successor to the business of any employer, or any lessee or purchaser…”
Perri v. Certified Languages Int'l, LLC, 66 P.3d 531 (Or. Ct. App. 2003).
· cites it 3× “261 as “the same * * * as the commissioner has under ORS 652.310 to 652.445 and in addition the commissioner may * * * initiate suits against employers to enjoin future failures to pay required minimum wages or overtime pay * * (Emphasis added.”
Stout v. Citicorp Indus. Credit, Inc., 796 P.2d 373 (Or. Ct. App. 1990).
· cites it 7× “” 2 His argument is grounded on the premise that, at least when the Commissioner of the Bureau of Labor and Industries (BOLI) has rejected an employee’s assignment of a wage claim, 3 the employee may enforce his wage claim under ORS 652.310 to ORS 652.405 with the same rights…”
State Ex Rel. Roberts v. Pub. Fin. Co., 662 P.2d 330 (Or. 1983).
· cites it 2× “Hoglen assigned his wage claim to the Bureau of Labor and Industries, which filed this complaint pursuant to ORS 652.310 to 652.405. The state also seeks the civil penalty provided by ORS 652.”
Migis v. Autozone, Inc., 387 P.3d 381 (Or. Ct. App. 2016).
“In Delgado , the defendant argued on appeal that the trial court erred when it awarded statutory penalty wages on summary judgment because whether it was an “employer” (as defined by ORS 652.310) of the class members for the purpose of ORS 652.”
— Or. Rev. Stat. § 652.310(1) — 15 cases
Blanchana, LLC v. Bureau of Labor & Indus., 318 P.3d 735 (Or. 2014).
“Blachana did not employ them directly or through an agent; Blachana obtained NW Sportsbar’s business assets, including its business name, goodwill, and the property left in the building, through repossession.”
Delgado v. Del Monte Fresh Produce, N.A., Inc., 317 P.3d 419 (Or. Ct. App. 2014).
“, 329 Or 461 , 988 P2d 384 (1999), the definition of “employer” in ORS 652.310(1) governs whether defendant was plaintiffs’ employer under ORS 652.”
Taylor v. Werner Enter., Inc., 988 P.2d 384 (Or. 1999).
“360 provides, in part: “No employer may by special contract or any other means exempt the employer from any provision of or liability or penalty imposed by ORS 652.310 to 652.414 or by any statute relating to the payment of wages, except insofar as the Commissioner of the Bureau…”
Cejas Com. Interiors, Inc. v. Torres-Lizama, 316 P.3d 389 (Or. Ct. App. 2013).
“310(1) (“‘Employer’ means any person who in this state *** engages personal services of one or more employees ***.”); In the Matter of All Season Insulation Company, Inc.”
— Or. Rev. Stat. § 652.310(2) — 9 cases
Perri v. Certified Languages Int'l, LLC, 66 P.3d 531 (Or. Ct. App. 2003).
“261 as “the same * * * as the commissioner has under ORS 652.310 to 652.445 and in addition the commissioner may * * * initiate suits against employers to enjoin future failures to pay required minimum wages or overtime pay * * (Emphasis added.”
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