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]
Notes of Decisions
Cejas Commercial Interiors, Inc. v. Torres-Lizama (2013)
orctapp · cites it 38×
““EMPLOY” AS USED IN ORS 653.010 ORS 653.025(1) provides that, with exceptions not relevant here, “no employer shall employ * * * any employee” at a wage lower than the “Oregon minimum wage” defined in ORS 653.”
Buero v. Amazon.com Services, Inc. (2022)
or · cites it 28×
“” As relevant here, Rule 4 provides: “As used in ORS 653.010 to 653.261 and these rules, unless the context requires otherwise: “* * * * * “(19) ‘Hours worked’ means all hours for which an employee is employed by and required to give to the 2 The state protections were not…”
Migis v. Autozone, Inc. (2016)
orctapp · cites it 5×
“055(1) provides: “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…”
Gafur v. Legacy Good Samaritan Hospital & Medical Center (2008)
or · cites it 6×
“That statute authorizes an employee who is not paid all the wages to which he is entitled to bring an action to recover those unpaid wages, plus penalties: “(1) An employer who pays an employee less than the wages to which the employee is entitled under ORS 653.010 to 653.261 is…”
Scott Nance v. May Trucking Company (2017)
ca9 · cites it 2×
“2011) (citing Or. Rev. Stat. § 653.010 (2)). “The test of employment under [this definition] is one of economic reality.”
Nkrumah v. City of Portland (2014)
orctapp · cites it 6×
“) Regarding plaintiffs wage claim, the court concluded that, based on plaintiffs own deposition testimony, there was no dispute that plaintiff had “volunteered” his services to the city in November and December of 2008 and, therefore, under ORS 653.010, 3 plaintiff was not…”
Gafur v. Legacy Good Samaritan Hospital & Medical Center (2007)
orctapp · cites it 3×
“The statute provides, in part: “(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…”
Lemus v. Timberland Apartments, L.L.C. (2012)
ord · cites it 4×
“055, which includes actions under Or.Rev.Stat. §§ 653.010 to 653.261, Defendants contend, however, that because Lemus only brings suit for minimum wage violations under Or.”
— Or. Rev. Stat. § 653.010(10) — 6 cases
Gafur v. Legacy Good Samaritan Hospital & Medical Center (2008)
or
“That statute authorizes an employee who is not paid all the wages to which he is entitled to bring an action to recover those unpaid wages, plus penalties: “(1) An employer who pays an employee less than the wages to which the employee is entitled under ORS 653.010 to 653.261 is…”
— Or. Rev. Stat. § 653.010(11) — 8 cases
Buero v. Amazon.com Services, Inc. (2022)
or
“” As relevant here, Rule 4 provides: “As used in ORS 653.010 to 653.261 and these rules, unless the context requires otherwise: “* * * * * “(19) ‘Hours worked’ means all hours for which an employee is employed by and required to give to the 2 The state protections were not…”
Migis v. Autozone, Inc. (2016)
orctapp
“055(1) provides: “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…”
— Or. Rev. Stat. § 653.010(2) — 15 cases
Cejas Commercial Interiors, Inc. v. Torres-Lizama (2013)
orctapp
““EMPLOY” AS USED IN ORS 653.010 ORS 653.025(1) provides that, with exceptions not relevant here, “no employer shall employ * * * any employee” at a wage lower than the “Oregon minimum wage” defined in ORS 653.”
Buero v. Amazon.com Services, Inc. (2022)
or
“” As relevant here, Rule 4 provides: “As used in ORS 653.010 to 653.261 and these rules, unless the context requires otherwise: “* * * * * “(19) ‘Hours worked’ means all hours for which an employee is employed by and required to give to the 2 The state protections were not…”
Nkrumah v. City of Portland (2014)
orctapp
“) Regarding plaintiffs wage claim, the court concluded that, based on plaintiffs own deposition testimony, there was no dispute that plaintiff had “volunteered” his services to the city in November and December of 2008 and, therefore, under ORS 653.010, 3 plaintiff was not…”
Gafur v. Legacy Good Samaritan Hospital & Medical Center (2008)
or
“That statute authorizes an employee who is not paid all the wages to which he is entitled to bring an action to recover those unpaid wages, plus penalties: “(1) An employer who pays an employee less than the wages to which the employee is entitled under ORS 653.010 to 653.261 is…”
— Or. Rev. Stat. § 653.010(3) — 6 cases
Cejas Commercial Interiors, Inc. v. Torres-Lizama (2013)
orctapp
““EMPLOY” AS USED IN ORS 653.010 ORS 653.025(1) provides that, with exceptions not relevant here, “no employer shall employ * * * any employee” at a wage lower than the “Oregon minimum wage” defined in ORS 653.”
— Or. Rev. Stat. § 653.010(4) — 2 cases
— Or. Rev. Stat. § 653.010(5) — 1 case
— Or. Rev. Stat. § 653.010(7) — 1 case
Buero v. Amazon.com Services, Inc. (2022)
or
“” As relevant here, Rule 4 provides: “As used in ORS 653.010 to 653.261 and these rules, unless the context requires otherwise: “* * * * * “(19) ‘Hours worked’ means all hours for which an employee is employed by and required to give to the 2 The state protections were not…”
— Or. Rev. Stat. § 653.010(9) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.