ORS 653.035: Deducting value of lodging, meals and other benefits furnished by employer; treatment of commissions and tips.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(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]
Administrative rules citing this section
- OAR 603-082-0010: Purpose — implements
- OAR 603-082-0020: Definitions — implements
- OAR 839-020-0005: Employees Engaged in Administrative, Executive, Professional, or Outside Sales Work, Defining the Terms — implements
- OAR 839-020-0040: Hours Worked — Generally — implements
- OAR 839-020-0041: Waiting Time — implements
- OAR 839-020-0042: Sleeping Time and Certain Other Activities — implements
- OAR 839-020-0043: Preparatory and Concluding Activities — implements
- OAR 839-020-0045: Travel Time — implements
- OAR 839-020-0046: Adjusting Grievances, Medical Attention, Civic and Charitable Work and Suggestion Systems — implements
This rule cites
- ORS 653.025 — resolved
- 653.030 — resolved
- 653.261 — resolved
- ORS 653.010 — resolved
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors653.html