Hours

ORS 652.310
Definitions of employer and employee


As used in ORS 652.310 (Definitions of employer and employee) to 652.414 (Procedure for payment from fund), 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

Entity that conducts essentially same business as predecessor is successor and is liable for wage claims against predecessor business. Blachana, LLC v. Bureau of Labor and Industries, 354 Or 676, 318 P3d 735 (2014)

Where plaintiff remained on state payroll while on leave from state after assuming full-time duties as president of union and union reimbursed state for state's payments to plaintiff, state was paying plaintiff for rendering personal services to union and state was not plaintiff's employer under this section. Dinicola v. State of Oregon, 280 Or App 488, 382 P3d 547 (2016), Sup Ct review denied

Atty. Gen. Opinions

Construing "labor directly employed" by county to include employes generally, (1972) Vol 35, p 1083

§§ 652.310 to 652.410

Atty. Gen. Opinions

Validity of 10-hour day, 40-hour week without overtime in public employment, (1972) Vol 35, p 1083

§§ 652.110 to 652.405

Notes of Decisions

Where employer was charged with criminal violation of Massachusetts payment of wages statute for failing to pay discharged employees for their unused vacation time, employer's policy of paying discharged employees for unused vacation time was not "employee welfare benefits plan" under section 3 (1) of Employee Retirement Income Security Act of 1974 (ERISA) and criminal action to enforce that policy is therefore not foreclosed by section 514 (a) of ERISA. Massachusetts v. Morash, 490 U.S. 107, 109 S. Ct. 1668, 104 L.Ed 98 (1989)

It is unnecessary to imply private right of action for employee against secured creditor in possession under ORS 652.310 to 652.405 when to do so would render provisions of ORS 652.110 to 652.250 superfluous. Stout v. Citicorp Industrial Credit, Inc., 102 Or App 637, 796 P2d 373 (1990), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021