ORS 652.320
Definitions for ORS 652.310 to 652.414

As used in ORS 652.310 (Definitions of employer and employee) to 652.414 (Procedure for payment from fund), unless the context requires otherwise:


“Commissioner” means the Commissioner of the Bureau of Labor and Industries.


“Court” means a court of competent jurisdiction and proper venue to entertain a proceeding referred to in ORS 652.310 (Definitions of employer and employee) to 652.414 (Procedure for payment from fund).


“Demand” means a written demand for payment made during business hours on an employer or any appropriate representative of an employer by an employee or by some person having and exhibiting due authority to act in said employee’s behalf.


“Pay” means to deliver or tender compensation at a previously designated and reasonably convenient place in this state, during working hours, in legal tender or by order or negotiable instrument payable and paid in legal tender without discount on demand in this state or by deposit without discount in an employee’s account in a financial institution, as defined in ORS 706.008 (Additional definitions for Bank Act), in this state, provided the employee and the employer have agreed to such deposit.


“Payment” means the delivery, tender or deposit of compensation in the medium of payment described in subsection (4) of this section. Such delivery, tender or deposit shall be made to or for the account of the employee concerned or to or for the account of any person having due authority to act in said employee’s behalf.


“Rate of payment” means the rate at which payment is made or is to be made in the manner described in this section.


“Wage claim” means an employee’s claim against an employer for compensation for the employee’s own personal services, and includes any wages, compensation, damages or civil penalties provided by law to employees in connection with a claim for unpaid wages. [Amended by 1975 c.190 §1; 1975 c.488 §2; 1979 c.695 §1; 1999 c.59 §193; 1999 c.351 §39; 2001 c.7 §2]

Notes of Decisions

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 ORS 652.310; therefore, plaintiff did not make wage claim, as defined by this section, against plaintiff's employer for personal services rendered to plaintiff's employer when plaintiff initiated wage-claim action against state for unpaid overtime wages plaintiff accrued while rendering personal services to union. Dinicola v. State of Oregon, 280 Or App 488, 382 P3d 547 (2016), Sup Ct review denied

§§ 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


Last accessed
Jun. 26, 2021