(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.

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(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]