# Wage and Hour Law in Oregon[^about] A plain-language practice note on Oregon wage and hour law, covering the three-tier regional minimum wage and its annual inflation adjustment, weekly overtime and the industry-specific daily hour limits, mandatory paid rest periods and duty-free meal periods, final-pay deadlines and penalty wages, payday and itemized pay-statement duties, the statutory independent-contractor test, the ban on tip credits, and enforcement through the Bureau of Labor and Industries and private lawsuits. Oregon is one of the harder states to summarize in a single number, because its minimum wage is regional and moves every July. Layered on top of that are meal and rest period rules written into administrative rule, fast final-pay deadlines with a penalty-wage remedy, and a flat ban on counting tips toward the wage floor. This note walks through each topic for both employers and employees, and pins every statement to the statute, rule, or agency page that supports it. For how these questions are framed across states, see our [wage and hour practice guide](/practice-guides/wage-and-hour). ## What is the minimum wage? {#minimum-wage} **Short answer.** Oregon has no single statewide minimum wage — it has three regional rates, and for July 1, 2026 through June 30, 2027 the Bureau of Labor and Industries lists them as $16.80 per hour in the Portland metro area, $15.55 per hour in the standard counties, and $14.55 per hour in the non-urban counties. [^boli-mw-effective-period] Which of the three a worker gets depends on where the employer is located. ORS 653.025 builds the geography into the statute itself — the Portland metro rate sits $1.25 above the base rate, and the non-urban rate sits $1 below it. [^ors-653-025-2h][^ors-653-025-3h] The statute then directs the Commissioner of the Bureau of Labor and Industries to adopt rules for deciding where an employer is located. [^ors-653-025-4] Those rules turn on where the work happens. If an employee performs more than half of a pay period’s work at the employer’s permanent fixed Oregon business location, the region of that business sets the rate. [^oar-839-020-0011-1a] If not, the region where the employee actually performs the work is treated as the employer’s location, and the employer must pay at least that rate for every hour in the pay period. [^oar-839-020-0011-2a] The agency puts the same idea in everyday terms for workers. [^boli-mw-location] Since June 30, 2023, the base rate has been a figure adjusted annually for inflation, [^ors-653-025-1j] calculated each year by April 30 against the U.S. City Average Consumer Price Index for All Urban Consumers, [^ors-653-025-5b] and the adjusted figure replaces the statutory amount on July 1. [^ors-653-025-5c] All three Oregon rates sit well above the federal floor: the Bureau of Labor and Industries notes that the federal minimum wage remains $7.25 per hour. [^boli-federal-floor] Oregon also closes off the local-ordinance route — the state preempts the authority of local governments to set minimum wage requirements. [^ors-653-017-preemption] Three narrow exceptions remain: a local government may still set minimum wage requirements for public employers, in specifications for its own public contracts, and as a condition of direct tax abatements or subsidies it provides to private employers with 10 or more employees. [^ors-653-017-3] The annual reset is automatic, and the statute says exactly when it lands: "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."[^ors-653-025-5c] > [!NOTE] > **Practice note.** > > If an employee works in more than one region during a single pay period, the employer must keep records of the locations worked — unless it simply pays the highest rate of any region worked for all hours in the work period. Skipping both the records and the higher rate is the common failure point. [^oar-839-020-0011-2c] ## When is overtime owed? {#overtime} **Short answer.** Oregon’s general overtime rule is weekly, not daily: for covered, nonexempt employees, work over 40 hours in a week must be paid at not less than one and one-half times the regular rate, computed without commissions, overrides, spiffs, bonuses, tips, or similar benefits. [^oar-839-020-0030-1] Two groups sit outside that 40-hour line. Agricultural workers have their own declining schedule: an employer may not work them beyond 55 hours a week in 2023 and 2024, 48 hours in 2025 and 2026, or 40 hours from 2027 onward. [^ors-653-272-1] An agricultural worker may exceed the applicable cap only if the employer pays one and one-half times the regular rate for every hour over it. [^ors-653-272-2] So for a 2026 Oregon farm payroll the overtime line is 48 hours, and for calendar year 2027 and after it is 40. Oregon also imposes daily hour limits and daily overtime in named industries rather than across the workforce, and those rules are set out below. The workweek itself is the employer’s to set, but not to manipulate — the start of the workweek may be changed only if the change is meant to be permanent and is not designed to evade the overtime rule. [^oar-839-020-0030-workweek-change] Where Oregon does go further than the federal baseline is in specific industries, through maximum-hour statutes rather than a general daily overtime rule. In mills, factories, and other manufacturing establishments, an employer generally may not require or permit work beyond 10 hours in a day or 55 hours in a workweek. [^ors-652-020-2a] An employee may work up to three hours past the daily limit, and those overtime hours must be paid at one and one-half times the regular rate. [^ors-652-020-3] The same statute also restricts back-to-back scheduling: after a shift of eight or more hours, a manufacturing employee generally may not be required to start the next shift less than 10 hours later, subject to an emergency exception. [^ors-652-020-5a] Sawmills, planing mills, shingle mills, and logging camps have tighter limits — eight hours in a day, exclusive of about an hour, or 48 hours in a workweek. [^ors-652-020-2d] In both the manufacturing and the cannery regimes the employer must calculate the overtime on a daily basis and on a weekly basis and pay the greater of the two amounts when the employee passes both thresholds in the same workweek. [^ors-652-020-3c][^ors-653-265-3] Paying only the weekly figure when the daily figure is larger is an underpayment. Canneries, driers, and packing plants run on the 10-hour and 55-hour limits, [^ors-653-265-2a] with a route to longer days: an employer may permit work past 10 hours in a day if it pays one and one-half times the regular rate for hourly employees, or one and one-half times the regular price for piece workers. [^ors-653-265-2d] The cannery statute writes its daily premium as a condition on working past the cap: "An employer may permit an employee described in paragraph (a) of this subsection to work more than 10 hours in any one day if the employer compensates the employee as follows: (A) One and one-half times the employee’s regular rate of pay for each hour the employee works over 10 hours in any one day if the employee is an hourly employee"[^ors-653-265-2d] ## Are breaks required? {#meal-rest-breaks} **Short answer.** Oregon requires both meal periods and rest periods, and it sets them by administrative rule rather than by statute. For each work period of at least six but not more than eight hours, an employer must provide a meal period of at least 30 continuous minutes during which the employee is relieved of all duties. [^oar-839-020-0050-2a] No meal period is required for a work period of less than six hours, [^oar-839-020-0050-2c-short] and for work periods longer than eight hours the number of meal periods comes from Appendix A of the rule. [^oar-839-020-0050-2c-appendix] Timing matters. For a work period of seven hours or less, the meal period must start after the second hour worked and finish before the fifth hour begins. [^oar-839-020-0050-2d] The meal period is unpaid only when the employee is genuinely free of work. If the employee is not relieved of all duties for 30 continuous minutes, the employer must pay for the entire 30-minute meal period. [^oar-839-020-0050-2b] Rest periods, by contrast, are paid. An employer must provide at least ten continuous minutes of duty-free rest for each four-hour segment or major part of one worked, with no deduction from pay. [^oar-839-020-0050-6a] As the nature of the work allows, the rest period should fall roughly in the middle of each such segment, [^oar-839-020-0050-6a-a] and rest periods must be given in addition to, and taken separately from, the meal period. [^oar-839-020-0050-6a-b] The pay consequence of an interrupted meal is stated flatly in the rule: "Except as otherwise provided in this rule, if an employee is not relieved of all duties for 30 continuous minutes during the meal period, the employer must pay the employee for the entire 30-minute meal period."[^oar-839-020-0050-2b] ## When is final pay due? {#final-pay} **Short answer.** Oregon sets short, specific deadlines for final wages, and the deadline depends on how the job ended. When an employer discharges an employee, or employment ends by mutual agreement, all earned and unpaid wages are due no later than the end of the first business day after the discharge or termination. [^ors-652-140-1] When an employee quits after giving at least 48 hours’ notice — excluding Saturdays, Sundays, and holidays — the wages are due immediately. [^ors-652-140-2a] Without that notice, they are due within five days excluding weekends and holidays, or at the next regularly scheduled payday, whichever comes first. [^ors-652-140-2b] Where that employee is regularly required to submit time records, the employer pays its estimate of the wages due within five days and the balance within five days after the records arrive. [^ors-652-140-2c] If the termination falls on a Saturday, Sunday, or holiday, payment is due by the end of the first business day afterward, with a second-business-day rule for employment related to activities authorized under ORS chapter 565. [^ors-652-140-3] One carve-out is worth checking before applying any of this: the section does not apply to employment covered by a collective bargaining agreement that itself provides for payment of wages on termination. [^ors-652-140-5] Late payment triggers penalty wages, covered in the next section. ## What is the penalty for paying late? {#late-pay-penalty} **Short answer.** Oregon backs its final-pay deadlines with penalty wages: if an employer willfully fails to pay wages owed to a separated employee, the wages continue from the due date at the same hourly rate for eight hours per day until paid or until an action is filed. [^ors-652-150-1] The clock is capped — penalty wages cannot run more than 30 days from the due date. [^ors-652-150-30-day-cap] A written notice of nonpayment changes the math. If the employee, or someone on the employee’s behalf, submits written notice of nonpayment, the penalty may not exceed 100 percent of the unpaid wages unless the employer fails to pay in full within 12 days after receiving that notice. [^ors-652-150-2a] There is a defense. An employer may avoid liability for this penalty by showing financial inability to pay the wages at the time they accrued. [^ors-652-150-5] An employer that pays less than the minimum wage owed under the ORS 653.010 to 653.261 scheme is liable to the affected employee for the full amount of wages, less anything actually paid, and for the civil penalties provided in ORS 652.150. [^ors-653-055-1] The 12-day window after written notice is the practical pressure point: "If the employee or a person on behalf of the employee submits a written notice of nonpayment, the penalty may not exceed 100 percent of the employee’s unpaid wages or compensation unless the employer fails to pay the full amount of the employee’s unpaid wages or compensation within 12 days after receiving the notice."[^ors-652-150-2a] ## How often must workers be paid? {#pay-frequency} **Short answer.** Oregon does not name a calendar frequency such as weekly or semi-monthly; instead, every employer must establish and maintain a regular payday and pay all employees the wages due and owing on that date. [^ors-652-120-1] The outer limit is a gap: a payday may not extend beyond 35 days from the time employees started work, or from the last regular payday. [^ors-652-120-2] Paying more often is expressly allowed. [^ors-652-120-3] Oregon’s pay-stub requirements are unusually detailed. Employers must give each employee a written itemized statement of earnings each time the employee receives a compensation payment, except for employees specifically exempt under ORS 653.020. [^oar-839-020-0012-1] The statement must be written and sufficiently itemized. [^ors-652-610-1b] The itemized list includes the rate or rates of pay, whether pay is by hour, shift, day, week, salary, piece, or commission, gross wages, net wages, and the amount and purpose of each deduction for the pay period. [^ors-652-610-1b] It must also show any allowances claimed as part of the minimum wage. [^ors-652-610-1b] Deductions are restricted. An employer may not withhold, deduct, or divert any portion of wages unless a statutory condition is met, [^ors-652-610-3] one of which is that the deduction is voluntarily authorized in writing by the employee, is for the employee’s benefit, and is recorded in the employer’s books. [^ors-652-610-3] Failing to pay the amount as required constitutes an unlawful deduction. [^ors-652-610-4] The statute sets an outer limit on the gap between one payday and the next: "Payday may not extend beyond a period of 35 days from the time that the employees entered upon their work, or from the date of the last regular payday."[^ors-652-120-2] ## Employee or independent contractor? {#worker-classification} **Short answer.** Oregon uses a broad statutory definition of employment for its wage and hour chapter and a separate multi-factor contractor test in ORS 670.600, and the two are not written to cover the same ground. Under the wage and hour chapter, to employ includes to suffer or permit to work, with an exclusion for genuinely voluntary or donated services. [^ors-653-010-employ] An employer is any person who employs another person, including the state and its political subdivisions. [^ors-653-010-employer] The statutory contractor test lives in ORS 670.600, and its opening words matter: it defines independent contractor as used in ORS chapters 316, 656, 657, 671 and 701 — a person who provides services for remuneration and who meets the conditions that follow. [^ors-670-600-2] Oregon's wage statutes borrow that contractor definition in one narrow place, and the boundary is worth knowing. ORS 652.197 makes an owner or direct contractor jointly liable for unpaid wages owed to workers on a construction project, and an owner or direct contractor may not escape that liability by calling the worker an independent contractor unless the worker qualifies as one under ORS 670.600. [^ors-652-197-5a] In an action under that section a person performing labor within the scope of a construction contract is presumed to be an employee, and the presumption is rebuttable. [^ors-652-197-5b] By its terms that borrowing operates within ORS 652.197, which is about liability for wages owed on a construction project. The Legislative Assembly has also shown what it takes to reach chapter 653 expressly: ORS 670.610 provides that notwithstanding ORS 670.600, and for purposes of ORS chapter 653, a referee in a youth or adult recreational soccer match is an independent contractor. [^ors-670-610] A one-occupation override written that way only makes sense if ORS 670.600 does not otherwise govern chapter 653. Within its own scope, the definition reaches a person who provides services for remuneration and who satisfies each of the conditions the subsection then lists. [^ors-670-600-2] The person must be free from direction and control over the means and manner of providing the services, subject only to the right to specify desired results. [^ors-670-600-2] The person must be customarily engaged in an independently established business, except as provided in subsection (4). [^ors-670-600-2] The person must be licensed under ORS chapter 671 or 701 if a license is required for the services. [^ors-670-600-2] And the person must be responsible for obtaining any other licenses or certificates necessary to provide the services. [^ors-670-600-2d] That last element is where the multi-factor counting happens: a person is considered customarily engaged in an independently established business if any three of the listed requirements are met. [^ors-670-600-3] One of them is serving two or more different customers within a 12-month period, or routinely engaging in advertising, solicitation, or other marketing reasonably calculated to obtain new contracts for similar services. [^ors-670-600-3c] There is an agricultural carve-out: the independently-established-business element does not apply to a person who files a Schedule F as part of an income tax return and provides farm labor or farm services reportable on Schedule C. [^ors-670-600-4] The statute is explicit about how many of the requirements have to be met: "For purposes of subsection (2)(b) of this section, a person is considered to be customarily engaged in an independently established business if any three of the following requirements are met: (a) The person maintains a business location: (A) That is separate from the business or work location of the person for whom the services are provided; or (B) That is in a portion of the person’s residence and that portion is used primarily for the business."[^ors-670-600-3] ## Is a tip credit allowed? {#tip-credit} **Short answer.** Oregon does not allow any tip credit — employers, including those regulated under the federal Fair Labor Standards Act, may not count tips toward the minimum wage required by ORS 653.010 to 653.261. [^ors-653-035-3] Tipped workers in Oregon must receive the full applicable regional minimum wage in wages, with tips on top. The Bureau of Labor and Industries states the same rule in plain terms for workers. [^boli-tip-credit] Tip pooling is treated separately from the tip credit. According to the Bureau of Labor and Industries, an employer may require workers to pool tips, but management and the house cannot share in the pool. [^boli-tip-pool] One deduction that is allowed does not involve tips at all: an employer may deduct from the minimum wage the fair market value of lodging, meals, or other facilities or services furnished for the employee’s private benefit. [^ors-653-035-1] The statutory ban is unqualified, and it reaches employers already covered by federal law: "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."[^ors-653-035-3] ## How is it enforced? {#enforcement} **Short answer.** Oregon wage claims can go two ways — through the state labor agency or through court — and the statutes provide for both. The Commissioner of the Bureau of Labor and Industries must enforce ORS 652.310 to 652.414. [^ors-652-330-1] Where a civil action could be brought to collect a wage claim, the commissioner may instead provide an administrative proceeding to determine the claim’s validity and enforce collection. [^ors-652-330-1d] That administrative route is subject to the employer’s right to elect a trial in a court of law. [^ors-652-330-1d-election] Employees can sue. An employer that pays less than the wages owed under ORS 653.010 to 653.261 or 653.272 is liable to the affected employee. [^ors-653-055-1-enf] A private agreement to work for less than the required rate is no defense to that action. [^ors-653-055-2] Separately, an employee has a private cause of action where an employer violates the maximum-hours provisions by requiring work more than three hours past the daily limit or beyond the weekly limit. [^ors-652-020-8a] In an action under ORS 653.055, the court may award reasonable attorney fees to the prevailing party. [^ors-653-055-4] In a wage-collection action where the wages went unpaid for 48 hours excluding weekends and holidays after becoming due, the court must include reasonable attorney fees at trial and on appeal in a judgment for the plaintiff, unless one of two exceptions applies. [^ors-652-200-2] Those exceptions are — a willful violation of the employment contract by the employee, or a finding that the plaintiff’s attorney unreasonably failed to give the employer written notice of the wage claim before filing the action. [^ors-652-200-2] Retaliation is separately prohibited. An employer may not discharge or otherwise discriminate against an employee on the grounds listed in ORS 652.355, [^ors-652-355-1] including because the employee made a wage claim or discussed, inquired about, or consulted an attorney or agency about one. [^ors-652-355-1] A parallel prohibition sits in the wage and hour chapter, [^ors-653-060-1] covering an employee who has testified or is about to testify in such proceedings. [^ors-653-060-1c] On timing, which period applies turns on what is being claimed. An action for overtime or premium pay, or for penalties or liquidated damages for failing to pay it, must be commenced within two years. [^ors-12-110-3] An action on a statutory penalty or forfeiture given to the aggrieved party must be commenced within three years. [^ors-12-100-2] An action on a contract, or on a liability created by statute that is not a penalty, must be commenced within six years. [^ors-12-080] Because a single unpaid-wage dispute can carry all three kinds of relief, how the claim is characterized decides the deadline. > [!NOTE] > **Practice note.** > > Before filing a wage-collection suit, send the employer written notice of the wage claim. Under ORS 652.200(2) a court may withhold the otherwise mandatory attorney fee award if it finds the plaintiff’s attorney unreasonably failed to give that pre-suit notice. [^ors-652-200-2] [^about]: By Steven Obiajulu, J.D. Published by [openagreements.org](https://openagreements.org). Last reviewed 2026-08-15. License: CC BY 4.0. Steven Obiajulu, J.D. is admitted in New York, not Oregon. This article synthesizes Oregon primary law and is not legal advice from a Oregon-admitted attorney. This article is for informational purposes only and does not create an attorney-client relationship. CC BY 4.0. Cite as Steven Obiajulu, *Wage and Hour Law in Oregon*, OpenAgreements (last updated August 15, 2026), https://openagreements.org/practice-guides/wage-and-hour/us/oregon. [^boli-mw-effective-period]: **BOLI, Oregon Minimum Wage** — "For July 1, 2026, through June 30, 2027, those rates are: ### $16.80 per hour - Portland metro Within the [urban growth boundary](https://www.oregonmetro.gov/library/urban-growth-boundary/lookup), including parts of Clackamas, Multnomah, and Washington Counties ### $15.55 per hour - Standard Benton, Clatsop, Columbia, Deschutes, Hood River, Jackson, Josephine, Lane, Lincoln, Linn, Marion, Polk, Tillamook, Wasco, Yamhill, and parts of Clackamas, Multnomah, & Washington outside the [urban growth boundary](https://www.oregonmetro.gov/library/urban-growth-boundary/lookup). ### $14.55 per hour - Non-urban Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, and Wheeler Counties Increases to the minimum wage are based on inflation (if applicable) and take effect **on July 1st of each year**." *BOLI, Oregon Minimum Wage (regional rates effective July 1, 2026)* [^ors-653-025-2h]: **ORS 653.025** — "(h) After June 30, 2023, $1.25 per hour more than the minimum wage determined under subsection (1)(j) of this section." *ORS 653.025(2)(h)* [^ors-653-025-3h]: **ORS 653.025** — "(h) After June 30, 2023, $1 per hour less than the minimum wage determined under subsection (1)(j) of this section." *ORS 653.025(3)(h)* [^ors-653-025-4]: **ORS 653.025** — "(4) The commissioner shall adopt rules for determining an employer’s location under subsection (2) of this section." *ORS 653.025(4)* [^oar-839-020-0011-1a]: **OAR 839-020-0011** — "If an employee performs more than 50% of the employee’s work in a pay period at the employer’s permanent fixed business location in Oregon, the applicable minimum wage rate to be paid to the employee by the employer shall be determined based on the region in which such business is located." *OAR 839-020-0011(1)(a)* [^oar-839-020-0011-2a]: **OAR 839-020-0011** — "If an employee does not perform more than 50% of the employee’s work in a pay period at the employer’s permanent fixed business location in Oregon pursuant to section (1) of this rule, the region in which the employee performs work is considered to be the employer’s location for purposes of determining the applicable minimum wage rate to be paid. The employer is required to pay no less than this rate for each hour worked during the pay period." *OAR 839-020-0011(2)(a)* [^boli-mw-location]: **BOLI, Oregon Minimum Wage** — "Typically, workers should be paid the wage for the county where you work 50% or more of your hours each week. If you travel for work, your employer can pay you the rate in each county worked." *BOLI, Oregon Minimum Wage (which rate applies)* [^ors-653-025-1j]: **ORS 653.025** — "(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." *ORS 653.025(1)(j)* [^ors-653-025-5b]: **ORS 653.025** — "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." *ORS 653.025(5)(b)* [^ors-653-025-5c]: **ORS 653.025** — "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." *ORS 653.025(5)(c)* [^boli-federal-floor]: **BOLI, Oregon Minimum Wage** — "The current federal minimum wage remains $7.25 per hour." *BOLI, Oregon Minimum Wage (federal comparison)* [^ors-653-017-preemption]: **ORS 653.017** — "(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." *ORS 653.017(2)* [^ors-653-017-3]: **ORS 653.017** — "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." *ORS 653.017(3)* [^oar-839-020-0011-2c]: **OAR 839-020-0011** — "If an employee performs work in more than one region in a pay period, the employer must maintain records of the locations in which the employee worked unless pursuant to paragraph (b)(B) of this section, the employer pays the highest rate of wage required for any region in which the employee worked for all hours worked by the employee during the work period." *OAR 839-020-0011(2)(c)* [^oar-839-020-0030-1]: **OAR 839-020-0030** — "Except as provided in OAR 839-020-0125 to 839-020-0130, all work performed in excess of forty (40) hours per week must be paid for at the rate of not less than one and one-half times the regular rate of pay when computed without benefits of commissions, overrides, spiffs, bonuses, tips or similar benefits pursuant to ORS 653.261(1)." *OAR 839-020-0030(1)* [^ors-653-272-1]: **ORS 653.272** — "Except as provided in subsection (2) of this section, an employer may not permit, require or suffer an agricultural worker to work a total number of hours in excess of: (a) For calendar years 2023 and 2024, 55 hours in one workweek. (b) For calendar years 2025 and 2026, 48 hours in one workweek. (c) For calendar year 2027 and each year thereafter, 40 hours in one workweek." *ORS 653.272(1)* [^ors-653-272-2]: **ORS 653.272** — "An employer may permit, require or suffer an agricultural worker to work more than the maximum allowable hours in one workweek provided under subsection (1) of this section if the employer compensates the agricultural worker at one and one-half times the worker’s regular rate of pay for each overtime hour or portion of an hour that the worker works in excess of the maximum allowable hours." *ORS 653.272(2)* [^oar-839-020-0030-workweek-change]: **OAR 839-020-0030** — "The beginning of the work week may be changed if the change is intended to be permanent and is not designed to evade the overtime requirements of this rule." *OAR 839-020-0030(2)(a)* [^ors-652-020-2a]: **ORS 652.020** — "Except as provided in paragraphs (b) and (c) of this subsection and subsection (3) of this section, an employer may not require or permit an employee employed in any mill, factory or other manufacturing establishment in this state to work more than: (A) 10 hours in any one day; or (B) 55 hours in any one workweek." *ORS 652.020(2)(a)* [^ors-652-020-3]: **ORS 652.020** — "An employee may work overtime up to three hours more than the applicable limit for the maximum allowable hours of employment in one day as described in subsection (2) of this section. (b) An employer shall compensate an employee who works overtime hours described in paragraph (a) of this subsection at one and one-half times the employee’s regular rate of pay for each overtime hour or portion of an hour the employee works." *ORS 652.020(3)(a)-(b)* [^ors-652-020-5a]: **ORS 652.020** — "An employer may not: (a) Require any employee employed in a mill, factory or other manufacturing establishment in this state to begin a work shift less than 10 hours after the end of the employee’s previous work shift if the employee’s previous work shift totaled eight or more hours, unless the employer requires the employee to work additional hours due to disruptions in business operations caused by a power outage, major equipment breakdown, severe weather or similar emergency outside the employer’s control" *ORS 652.020(5)(a)* [^ors-652-020-2d]: **ORS 652.020** — "(d) Except as provided in subsection (3) of this section, an employer may not require or permit an employee employed in a sawmill, planing mill, shingle mill or logging camp to work more than: (A) Eight hours, exclusive of one hour, more or less, in one day; or (B) 48 hours in one workweek." *ORS 652.020(2)(d)(A)-(B)* [^ors-652-020-3c]: **ORS 652.020** — "An employer shall calculate an employee’s overtime compensation on a daily basis under paragraph (b) of this subsection and on a weekly basis under ORS 653.261 (1) and pay the greater of the two amounts if, during the same workweek, the employee works more than: (A) The applicable limit for the maximum allowable hours of employment in one day as described in subsection (2) of this section; and (B) Forty hours in one workweek as described in ORS 653.261 (1)." *ORS 652.020(3)(c)* [^ors-653-265-3]: **ORS 653.265** — "An employer shall calculate an employee’s overtime on a daily basis under subsection (2)(d) of this section and on a weekly basis under ORS 653.261 (1) and pay the greater of the two amounts if, during the same workweek, the employee works more than: (a) 10 hours in one day as described in subsection (1) of this section; and (b) 40 hours in one workweek as described in ORS 653.261 (1)." *ORS 653.265(3)* [^ors-653-265-2a]: **ORS 653.265** — "Except as provided in paragraphs (b) to (d) of this subsection, an employer may not require or permit an employee employed in any cannery, drier or packing plant in this state to work more than: (A) 10 hours in any one day; or (B) 55 hours in one workweek." *ORS 653.265(2)(a)* [^ors-653-265-2d]: **ORS 653.265** — "An employer may permit an employee described in paragraph (a) of this subsection to work more than 10 hours in any one day if the employer compensates the employee as follows: (A) One and one-half times the employee’s regular rate of pay for each hour the employee works over 10 hours in any one day if the employee is an hourly employee; or (B) One and one-half times the regular price for all work done during the time the employee is employed over 10 hours per day if the employee is a piece worker." *ORS 653.265(2)(d)* [^oar-839-020-0050-2a]: **OAR 839-020-0050** — "Except as otherwise provided in this rule, every employer shall provide to each employee, for each work period of not less than six or more than eight hours, a meal period of not less than 30 continuous minutes during which the employee is relieved of all duties." *OAR 839-020-0050(2)(a)* [^oar-839-020-0050-2c-short]: **OAR 839-020-0050** — "An employer is not required to provide a meal period to an employee for a work period of less than six hours." *OAR 839-020-0050(2)(c)* [^oar-839-020-0050-2c-appendix]: **OAR 839-020-0050** — "When an employee’s work period is more than eight hours, the employer shall provide the employee the number of meal periods listed in Appendix A of this rule." *OAR 839-020-0050(2)(c)* [^oar-839-020-0050-2d]: **OAR 839-020-0050** — "If the work period is seven hours or less, the meal period must be taken after the conclusion of the second hour worked and completed prior to the commencement of the fifth hour worked." *OAR 839-020-0050(2)(d)(A)-(B)* [^oar-839-020-0050-2b]: **OAR 839-020-0050** — "Except as otherwise provided in this rule, if an employee is not relieved of all duties for 30 continuous minutes during the meal period, the employer must pay the employee for the entire 30-minute meal period." *OAR 839-020-0050(2)(b)* [^oar-839-020-0050-6a]: **OAR 839-020-0050** — "Except as provided in subsection (b) of this section, every employer shall provide to each employee, for each segment of four hours or major part thereof worked in a work period, a rest period of not less than ten continuous minutes during which the employee is relieved of all duties, without deduction from the employee's pay." *OAR 839-020-0050(6)(a)* [^oar-839-020-0050-6a-a]: **OAR 839-020-0050** — "As the nature of the work allows, the employer shall provide the rest period approximately in the middle of each segment of four hours or major part thereof worked in a work period." *OAR 839-020-0050(6)(a)(A)* [^oar-839-020-0050-6a-b]: **OAR 839-020-0050** — "(B) The employer shall provide rest periods in addition to and taken separately from the time provided for a meal period." *OAR 839-020-0050(6)(a)(B)* [^ors-652-140-1]: **ORS 652.140** — "When an employer discharges an employee or when employment is terminated by mutual agreement, all wages earned and unpaid at the time of the discharge or termination become due and payable not later than the end of the first business day after the discharge or termination." *ORS 652.140(1)* [^ors-652-140-2a]: **ORS 652.140** — "When an employee who does not have a contract for a definite period quits employment, all wages earned and unpaid at the time of quitting become due and payable immediately if the employee has given to the employer not less than 48 hours’ notice, excluding Saturdays, Sundays and holidays, of intention to quit employment." *ORS 652.140(2)(a)* [^ors-652-140-2b]: **ORS 652.140** — "(b) Except as provided in paragraph (c) of this subsection, if the employee has not given to the employer the notice described in paragraph (a) of this subsection, the wages become due and payable within five days, excluding Saturdays, Sundays and holidays, after the employee has quit, or at the next regularly scheduled payday after the employee has quit, whichever event first occurs." *ORS 652.140(2)(b)* [^ors-652-140-2c]: **ORS 652.140** — "If the employee has not given to the employer the notice described in paragraph (a) of this subsection and if the employee is regularly required to submit time records to the employer to enable the employer to determine the wages due the employee, within five days after the employee has quit the employer shall pay the employee the wages the employer estimates are due and payable. Within five days after the employee has submitted the time records, all wages earned and unpaid become due and payable." *ORS 652.140(2)(c)* [^ors-652-140-3]: **ORS 652.140** — "(3) For the purpose of this section, if employment termination occurs on a Saturday, Sunday or holiday, all wages earned and unpaid shall be paid no later than the end of the first business day after the employment termination, except that if the employment is related to activities authorized under ORS chapter 565, all wages earned and unpaid shall be paid no later than the end of the second business day after the employment termination." *ORS 652.140(3)* [^ors-652-140-5]: **ORS 652.140** — "This section does not apply to employment for which a collective bargaining agreement otherwise provides for the payment of wages upon termination of employment." *ORS 652.140(5)* [^ors-652-150-1]: **ORS 652.150** — "Except as provided in subsections (2) and (3) of this section, if an employer willfully fails to pay any wages or compensation of any employee whose employment ceases, as provided in ORS 652.140 and 652.145, then, as a penalty for the nonpayment, the wages or compensation of the employee shall continue from the due date thereof at the same hourly rate for eight hours per day until paid or until action therefor is commenced." *ORS 652.150(1)* [^ors-652-150-30-day-cap]: **ORS 652.150** — "However: (a) In no case shall the penalty wages or compensation continue for more than 30 days from the due date; and (b) A penalty may not be assessed under this section when an employer pays an employee the wages the employer estimates are due and payable under ORS 652.140 (2)(c) and the estimated amount of wages paid is less than the actual amount of earned and unpaid wages, as long as the employer pays the employee all wages earned and unpaid within five days after the employee submits the time records." *ORS 652.150(1)(a)* [^ors-652-150-2a]: **ORS 652.150** — "If the employee or a person on behalf of the employee submits a written notice of nonpayment, the penalty may not exceed 100 percent of the employee’s unpaid wages or compensation unless the employer fails to pay the full amount of the employee’s unpaid wages or compensation within 12 days after receiving the notice." *ORS 652.150(2)(a)* [^ors-652-150-5]: **ORS 652.150** — "The employer may avoid liability for the penalty described in this section by showing financial inability to pay the wages or compensation at the time the wages or compensation accrued." *ORS 652.150(5)* [^ors-653-055-1]: **ORS 653.055** — "(1) Any employer who pays an employee less than the wages to which the employee is entitled under ORS 653.010 to 653.261 or 653.272 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." *ORS 653.055(1)* [^ors-652-120-1]: **ORS 652.120** — "Every employer shall establish and maintain a regular payday, at which date the employer shall pay all employees the wages due and owing to them." *ORS 652.120(1)* [^ors-652-120-2]: **ORS 652.120** — "Payday may not extend beyond a period of 35 days from the time that the employees entered upon their work, or from the date of the last regular payday." *ORS 652.120(2)* [^ors-652-120-3]: **ORS 652.120** — "(3) This section does not prevent the employer from establishing and maintaining paydays at more frequent intervals." *ORS 652.120(3)* [^oar-839-020-0012-1]: **OAR 839-020-0012** — "Except for employees who are otherwise specifically exempt under ORS 653.020, employers must furnish each employee, each time the employee receives a compensation payment from the employer, a written itemized statement of earnings." *OAR 839-020-0012(1)* [^ors-652-610-1b]: **ORS 652.610** — "(b) The statement required under this subsection must be a written statement, sufficiently itemized to show: (A) The date of the payment; (B) The dates of work covered by the payment; (C) The name of the employee; (D) The name and business registry number or business identification number; (E) The address and telephone number of the employer; (F) The rate or rates of pay; (G) Whether the employee is paid by the hour, shift, day or week or on a salary, piece or commission basis; (H) Gross wages; (I) Net wages; (J) The amount and purpose of each deduction made during the respective period of service that the payment covers; (K) Allowances, if any, claimed as part of minimum wage; (L) Unless the employee is paid on a salary basis and is exempt from overtime compensation as established by local, state or federal law, the regular hourly rate or rates of pay, the overtime rate or rates of pay, the number of regular hours worked and pay for those hours, and the number of overtime hours worked and pay for those hours; and (M) If the employee is paid a piece rate, the applicable piece rate or rates of pay, the number of pieces completed at each piece rate and the total pay for each rate." *ORS 652.610(1)(b)* [^ors-652-610-3]: **ORS 652.610** — "(3) An employer may not withhold, deduct or divert any portion of an employee’s wages unless: (a) The employer is required to do so by law; (b) The deductions are voluntarily authorized in writing by the employee, are for the employee’s benefit and are recorded in the employer’s books; (c) The employee has voluntarily signed an authorization for a deduction for any other item, provided that the ultimate recipient of the money withheld is not the employer and that the deduction is recorded in the employer’s books; (d) The deduction is authorized by a collective bargaining agreement to which the employer is a party; (e) The deduction is authorized under ORS 18.736; or (f) The deduction is made from the payment of wages upon termination of employment and is authorized pursuant to a written agreement between the employee and employer for the repayment of a loan made to the employee by the employer, if all of the following conditions are met: (A) The employee has voluntarily signed the agreement; (B) The loan was paid to the employee in cash or other medium permitted by ORS 652.110; (C) The loan was made solely for the employee’s benefit and was not used, either directly or indirectly, for any purpose required by the employer or connected with the employee’s employment with the employer; (D) The amount of the deduction at termination of employment does not exceed the amount permitted to be garnished under ORS 18.385; and (E) The deduction is recorded in the employer’s books." *ORS 652.610(3)* [^ors-652-610-4]: **ORS 652.610** — "Failure to pay the amount as required constitutes an unlawful deduction." *ORS 652.610(4)* [^ors-653-010-employ]: **ORS 653.010** — "(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." *ORS 653.010(2)* [^ors-653-010-employer]: **ORS 653.010** — "‘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." *ORS 653.010(3)* [^ors-670-600-2]: **ORS 670.600** — "(2) As used in ORS chapters 316, 656, 657, 671 and 701, ‘independent contractor’ means a person who provides services for remuneration and who, in the provision of the services: (a) Is free from direction and control over the means and manner of providing the services, subject only to the right of the person for whom the services are provided to specify the desired results; (b) Except as provided in subsection (4) of this section, is customarily engaged in an independently established business; (c) Is licensed under ORS chapter 671 or 701 if the person provides services for which a license is required under ORS chapter 671 or 701; and (d) Is responsible for obtaining other licenses or certificates necessary to provide the services." *ORS 670.600(2)* [^ors-652-197-5a]: **ORS 652.197** — "An owner or direct contractor may not avoid liability under this section by claiming that a person performing labor on a project within the scope of a construction contract is an independent contractor rather than an employee of a direct contractor or subcontractor unless the person qualifies as an independent contractor under ORS 670.600." *ORS 652.197(5)(a)* [^ors-652-197-5b]: **ORS 652.197** — "In any action brought under this section, there shall be a rebuttable presumption that a person performing labor on a project within the scope of a construction contract is an employee." *ORS 652.197(5)(b)* [^ors-670-610]: **ORS 670.610** — "Notwithstanding ORS 670.600, for purposes of ORS chapter 653, a person serving as a referee or assistant referee in a youth or adult recreational soccer match shall be considered to be an independent contractor." *ORS 670.610* [^ors-670-600-2d]: **ORS 670.600** — "(d) Is responsible for obtaining other licenses or certificates necessary to provide the services." *ORS 670.600(2)(d)* [^ors-670-600-3]: **ORS 670.600** — "(3) For purposes of subsection (2)(b) of this section, a person is considered to be customarily engaged in an independently established business if any three of the following requirements are met: (a) The person maintains a business location: (A) That is separate from the business or work location of the person for whom the services are provided; or (B) That is in a portion of the person’s residence and that portion is used primarily for the business." *ORS 670.600(3)* [^ors-670-600-3c]: **ORS 670.600** — "(c) The person provides contracted services for two or more different persons within a 12-month period, or the person routinely engages in business advertising, solicitation or other marketing efforts reasonably calculated to obtain new contracts to provide similar services." *ORS 670.600(3)(c)* [^ors-670-600-4]: **ORS 670.600** — "(4) Subsection (2)(b) of this section does not apply if the person files a Schedule F as part of an income tax return and the person provides farm labor or farm services that are reportable on Schedule C of an income tax return." *ORS 670.600(4)* [^ors-653-035-3]: **ORS 653.035** — "(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." *ORS 653.035(3)* [^boli-tip-credit]: **BOLI, Oregon Minimum Wage** — "No. Tip credits are illegal in Oregon. Your tips are yours and cannot be counted against your hourly pay." *BOLI, Oregon Minimum Wage (tips)* [^boli-tip-pool]: **BOLI, Oregon Minimum Wage** — "Your employer can require you to pool tips with other workers, but management or the house cannot share in the pool." *BOLI, Oregon Minimum Wage (tip pooling)* [^ors-653-035-1]: **ORS 653.035** — "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." *ORS 653.035(1)* [^ors-652-330-1]: **ORS 652.330** — "(1) The Commissioner of the Bureau of Labor and Industries shall enforce ORS 652.310 to 652.414 and to that end may: (a) Investigate and attempt equitably to adjust controversies between employers and employees in respect of wage claims or alleged wage claims." *ORS 652.330(1)* [^ors-652-330-1d]: **ORS 652.330** — "(d) In any case where a civil action may be brought under this chapter for the collection of a wage claim, provide for an administrative proceeding to determine the validity and enforce collection of the claim." *ORS 652.330(1)(d)* [^ors-652-330-1d-election]: **ORS 652.330** — "The administrative proceeding shall be conducted as provided in this chapter, and is subject to the employer’s right to elect a trial in a court of law." *ORS 652.330(1)(d)* [^ors-653-055-1-enf]: **ORS 653.055** — "(1) Any employer who pays an employee less than the wages to which the employee is entitled under ORS 653.010 to 653.261 or 653.272 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." *ORS 653.055(1)* [^ors-653-055-2]: **ORS 653.055** — "Any agreement between an employee and an employer to work at less than the wage rate required by ORS 653.010 to 653.261 or 653.272 is no defense to an action under subsection (1) of this section." *ORS 653.055(2)* [^ors-652-020-8a]: **ORS 652.020** — "In addition to any other remedy provided by law, an employee has a private cause of action against an employer if the employer violates subsection (2) or (3) of this section by requiring the employee to work more than: (A) Three hours more than the applicable limit for the maximum allowable hours of employment in one day; or (B) The applicable limit for the maximum allowable hours of employment in one workweek." *ORS 652.020(8)(a)* [^ors-653-055-4]: **ORS 653.055** — "The court may award reasonable attorney fees to the prevailing party in any action brought by an employee under this section." *ORS 653.055(4)* [^ors-652-200-2]: **ORS 652.200** — "(2) In any action for the collection of wages, if it is shown that the wages were not paid for a period of 48 hours, excluding Saturdays, Sundays and holidays, after the wages became due and payable, the court shall, upon entering judgment for the plaintiff, include in the judgment, in addition to the costs and disbursements otherwise prescribed by statute, a reasonable sum for attorney fees at trial and on appeal for prosecuting the action, unless it appears that the employee has willfully violated the contract of employment or unless the court finds that the plaintiff’s attorney unreasonably failed to give written notice of the wage claim to the employer before filing the action." *ORS 652.200(2)* [^ors-652-355-1]: **ORS 652.355** — "(1) An employer may not discharge or in any other manner discriminate against an employee because: (a) The employee has made a wage claim or discussed, inquired about or consulted an attorney or agency about a wage claim; (b) The employee has caused to be instituted any proceedings under or related to ORS 652.310 to 652.414; (c) The employee has testified or is about to testify in any such proceedings; (d) The employee has inquired about the provisions of ORS 652.020 or has reported a violation of or filed a complaint related to ORS 652.020; (e) The employee has declined to consent to work more than 55 hours in any given workweek under ORS 652.020 or 653.265; or (f) The employee has declined to consent to work more than 55 hours per workweek in any given workweek during an undue hardship period under ORS 652.020 or 653.265." *ORS 652.355(1)* [^ors-653-060-1]: **ORS 653.060** — "(1) An employer may not discharge or in any other manner discriminate against an employee because: (a) The employee has inquired about the provisions of ORS 653.010 to 653.261 or 653.265 or has reported a violation of or filed a complaint related to ORS 653.010 to 653.261 or 653.265." *ORS 653.060(1)* [^ors-653-060-1c]: **ORS 653.060** — "(c) The employee has testified or is about to testify in any such proceedings." *ORS 653.060(1)(c)* [^ors-12-110-3]: **ORS 12.110** — "(3) An action for overtime or premium pay or for penalties or liquidated damages for failure to pay overtime or premium pay shall be commenced within two years." *ORS 12.110(3)* [^ors-12-100-2]: **ORS 12.100** — "An action upon a statute for penalty or forfeiture, where the action is given to the party aggrieved, or to such party and the state, excepting those actions mentioned in ORS 12.110, shall be commenced within three years." *ORS 12.100(2)* [^ors-12-080]: **ORS 12.080** — "An action upon a contract or liability, express or implied, excepting those mentioned in ORS 12.070, 12.110 and 12.135 and except as otherwise provided in ORS 72.7250; (2) An action upon a liability created by statute, other than a penalty or forfeiture, excepting those mentioned in ORS 12.110; (3) An action for waste or trespass upon or for interference with or injury to any interest of another in real property, excepting those mentioned in ORS 12.050, 12.060, 12.135, 12.137 and 273.241; or (4) An action for taking, detaining or injuring personal property, including an action for the specific recovery thereof, excepting an action mentioned in ORS 12.137; shall be commenced within six years." *ORS 12.080* For repeat use, install the skill: `npx skills add open-agreements/open-agreements` (lawyer-reviewed agreement templates + 50-state practice guides).