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]
Notes of Decisions
Jones v. Four Corners Rod and Gun Club (2020)
or · cites it 6×
“” ORS 653.035. That is, in effect, the result that defendant sought to accomplish, given the jury’s findings that defen- dant furnished plaintiff with a “private benefit” and that the fair market value of that benefit exceeded the amount that plaintiff was entitled to in wages.”
Jones v. Rod (2018)
orctapp · cites it 3×
“In fact, plaintiff's trial memorandum states that if the jury determined that the lodging was provided for the "private benefit" of plaintiff under ORS 653.035, "the court will reduce the minimum wages by the amount the jury determines the lodging was worth.”
State ex rel. Stevenson v. Ghawi (1979)
orctapp · cites it 2×
“If the commissioner does not prevail in such action, he shall pay all costs and disbursements from the Bureau of Labor Account.”
Gessele v. Jack In The Box Inc. (2021)
ord
“In their Motions for Partial Summary Judgment on Defendant’s third, fourth, and fifth affirmative defenses Plaintiffs asserted the shoe deductions were not for the private benefit of employees within the meaning of Oregon Revised Statute § 653.035(1), that the non- slip shoes…”
Gessele v. Jack In The Box Inc. (2024)
ord
“The court noted the defendant sought “fees equal to five years of full- time, year-round work at the 2010 Oregon minimum wage” and “[t]o award defendant attorney fees here would certainly deter future good faith minimum wage claims as only plaintiffs with the most airtight cases…”
— Or. Rev. Stat. § 653.035(1) — 3 cases
Jones v. Four Corners Rod and Gun Club (2020)
or
“” ORS 653.035. That is, in effect, the result that defendant sought to accomplish, given the jury’s findings that defen- dant furnished plaintiff with a “private benefit” and that the fair market value of that benefit exceeded the amount that plaintiff was entitled to in wages.”
Jones v. Rod (2018)
orctapp
“In fact, plaintiff's trial memorandum states that if the jury determined that the lodging was provided for the "private benefit" of plaintiff under ORS 653.035, "the court will reduce the minimum wages by the amount the jury determines the lodging was worth.”
Gessele v. Jack In The Box Inc. (2021)
ord
“In their Motions for Partial Summary Judgment on Defendant’s third, fourth, and fifth affirmative defenses Plaintiffs asserted the shoe deductions were not for the private benefit of employees within the meaning of Oregon Revised Statute § 653.035(1), that the non- slip shoes…”
— Or. Rev. Stat. § 653.035(2) — 1 case
State ex rel. Stevenson v. Ghawi (1979)
orctapp
“If the commissioner does not prevail in such action, he shall pay all costs and disbursements from the Bureau of Labor Account.”
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