653.025
Minimum wage rate; rules.
(1) Except as provided in subsections (2) and (3) of this section, 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 2003, $6.90.
(b) From January
1, 2004, to June 30, 2016, a rate adjusted for inflation as calculated by the
commissioner.
(c) From July 1,
2016, to June 30, 2017, $9.75.
(d) From July 1,
2017, to June 30, 2018, $10.25.
(e) From July 1,
2018, to June 30, 2019, $10.75.
(f) From July 1,
2019, to June 30, 2020, $11.25.
(g) From July 1,
2020, to June 30, 2021, $12.
(h) From July 1,
2021, to June 30, 2022, $12.75.
(i) From July 1,
2022, to June 30, 2023, $13.50.
(j) After June
30, 2023, beginning on July 1 of each year, a rate adjusted annually for
inflation as described in subsection (5) of this section.
(2) If the
employer is located within the urban growth boundary of a metropolitan service
district organized under ORS chapter 268, except as provided by ORS 652.020 and
the rules of the commissioner 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) From July 1,
2016, to June 30, 2017, $9.75.
(b) From July 1,
2017, to June 30, 2018, $11.25.
(c) From July 1,
2018, to June 30, 2019, $12.
(d) From July 1,
2019, to June 30, 2020, $12.50.
(e) From July 1,
2020, to June 30, 2021, $13.25.
(f) From July 1,
2021, to June 30, 2022, $14.
(g) From July 1,
2022, to June 30, 2023, $14.75.
(h) After June
30, 2023, $1.25 per hour more than the minimum wage determined under subsection
(1)(j) of this section.
(3) If the
employer is located within a nonurban county as described in ORS 653.026,
except as provided by ORS 652.020 and the rules of the commissioner 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) From July 1,
2016, to June 30, 2017, $9.50.
(b) From July 1,
2017, to June 30, 2018, $10.
(c) From July 1,
2018, to June 30, 2019, $10.50.
(d) From July 1,
2019, to June 30, 2020, $11.
(e) From July 1,
2020, to June 30, 2021, $11.50.
(f) From July 1,
2021, to June 30, 2022, $12.
(g) From July 1,
2022, to June 30, 2023, $12.50.
(h) After June
30, 2023, $1 per hour less than the minimum wage determined under subsection
(1)(j) of this section.
(4) The
commissioner shall adopt rules for determining an employer’s location under
subsection (2) of this section.
(5)(a) The Oregon
minimum wage shall be adjusted for inflation as provided in paragraph (b) of
this subsection.
(b) No later than
April 30 of each year, beginning in 2023, the commissioner shall calculate an
adjustment of the wage amount specified in subsection (1)(j) of this section
based upon the increase, if any, from March of the preceding year to March 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 as adjusted under this subsection shall be rounded to the nearest five
cents.
(d) The wage
amount as adjusted under this subsection becomes effective as the new Oregon
minimum wage amount, replacing the minimum wage amount specified in subsection
(1)(j) of this section, on July 1 of the year in which the calculation is made.
[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; 2016 c.12
§1; 2017 c.17 §52]
Notes of Decisions
Cejas Com. Interiors, Inc. v. Torres-Lizama, 316 P.3d 389 (Or. Ct. App. 2013).
· cites it 8× “, within the meaning of Oregon’s minimum-wage law, ORS 653.025. 1 Defendants contend that plaintiff, a drywall contractor, was their employer while they did dry wall work that plaintiff had subcontracted to Viewpoint Construction, LLC (Viewpoint).”
North Marion Sch. Dist. 15 Ex Rel. Trejo v. Acstar Ins., 169 P.3d 1224 (Or. 2007).
· cites it 6× “To conclude that a violation of the prevailing wage statute does not occur on a date expressly selected by the Oregon legislature but, instead, occurs (if at all) on some unknown date when payment is tendered, and may never occur if payment is never tendered, requires a jump not…”
State v. Ramos, 368 P.3d 446 (Or. 2016).
“261, computed using the minimum wage established under ORS 653.025 and the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.”
Chard v. Beauty-N-Beast Salon, 941 P.2d 611 (Or. Ct. App. 1997).
· cites it 5× “Plaintiff appeals from a judgment entered on a directed verdict against her claims seeking unpaid minimum wages, ORS 653.025, and payment of a statutory penalty for nonpayment of wages, ORS 652.”
Gadalean v. Saif Corp. (In re Comp. of Gadalean), 439 P.3d 965 (Or. 2019).
· cites it 2× “The Court of Appeals reversed the board, concluding that claimant indeed had qualified as a worker at the time of his injury because he had been "put to work" and thus was entitled to receive the minimum wage for the delivery he made.”
Jones v. Rod, 418 P.3d 765 (Or. Ct. App. 2018).
· cites it 2× “20" under ORS 653.025 1 for all hours plaintiff worked between April 2009 and April 2012.”
Barnhart v. Fastax Inc., 127 F. Supp. 3d 1098 (D. Or. 2015).
· cites it 14× “§§ 201-219 , or ORS § 653.025. Because plaintiff raised a genuine issue of material fact as to whether she undertook her work on PEP with a compensation agreement, this Court is unable to determine whether plaintiff was an “employee” under FLSA or ORS § 653.”
Gessele v. Jack in the Box, Inc., 6 F. Supp. 3d 1141 (D. Or. 2014).
· cites it 2× “Specifically, Plaintiffs alleged Defendant (1) failed to pay minimum wages in violation of the FLSA, (2) failed to pay overtime wages in violation of the FLSA, (3) failed to pay minimum wages in violation of Oregon Revised Statute § 653.025, (4) failed to pay overtime wages in…”
State Ex Rel. Roberts v. Acropolis McLoughlin, Inc., 942 P.2d 829 (Or. Ct. App. 1997).
· cites it 4× “010, then the dancers are entitled to the minimum wage under ORS 653.025 and the state should prevail in its action seeking injunctive and declaratory relief to require defendants to comply with the state’s minimum wage requirements.”
Gafur v. Legacy Good Samaritan Hosp. & Med. Ctr., 185 P.3d 446 (Or. 2008).
“6 The legislature provides for minimum wages in ORS 653.025. 7 Under OAR 839-020-0004(20), all time that an employee necessarily must be on the employer’s premises is considered “work”: “ ‘Hours worked’ means all hours for which an employee is employed by and required to give to…”
Jones v. Four Corners Rod & Gun Club, 456 P.3d 616 (Or. 2020).
“The starting point is ORS 653.025, which estab- lishes a general minimum wage requirement for Oregon workers: “[F]or 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…”
Buero v. Amazon.com Servs., Inc., 521 P.3d 471 (Or. 2022).
· cites it 2× “The bill required compensation for “work time,” and that requirement is now codified as ORS 653.025. The bill also provided that “ ‘[w]ork time’ includes both time worked and time of authorized attendance,” and that provision is now codified as ORS 653.”
— Or. Rev. Stat. § 653.025(1) — 6 cases
Cejas Com. Interiors, Inc. v. Torres-Lizama, 316 P.3d 389 (Or. Ct. App. 2013).
“, within the meaning of Oregon’s minimum-wage law, ORS 653.025. 1 Defendants contend that plaintiff, a drywall contractor, was their employer while they did dry wall work that plaintiff had subcontracted to Viewpoint Construction, LLC (Viewpoint).”
Buero v. Amazon.com Servs., Inc., 521 P.3d 471 (Or. 2022).
“The bill required compensation for “work time,” and that requirement is now codified as ORS 653.025. The bill also provided that “ ‘[w]ork time’ includes both time worked and time of authorized attendance,” and that provision is now codified as ORS 653.”
— Or. Rev. Stat. § 653.025(1)(h) — 1 case
— Or. Rev. Stat. § 653.025(2) — 2 cases
Cejas Com. Interiors, Inc. v. Torres-Lizama, 316 P.3d 389 (Or. Ct. App. 2013).
“, within the meaning of Oregon’s minimum-wage law, ORS 653.025. 1 Defendants contend that plaintiff, a drywall contractor, was their employer while they did dry wall work that plaintiff had subcontracted to Viewpoint Construction, LLC (Viewpoint).”
— Or. Rev. Stat. § 653.025(2)(c) — 1 case
— Or. Rev. Stat. § 653.025(3) — 1 case
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