justicedao/ipfs_state_laws huggingface dataset:
839-020-0070 Homework — Generally (1) Homeworkers as defined by OAR 839-020-0004(18) will be paid not less than the applicable minimum wage pursuant to ORS 653.025 for all hours suffered or permitted to work. (2) Homeworkers will be paid no less than time and one-half their regular rate of pay for all hours worked in excess of 40 hours in a work week pursuant to OAR 839-020-0030. (3) General record keeping requirements, as provided in these rules, OAR 839-020-0080(1) through (3), are applicable to homeworkers. (4) Employer employing homeworkers are subject to the provisions of OAR 839-020-0083 and 839-020-0085 concerning record availability and posting requirements. Statutory/Other Authority: ORS 651.060(4) & 653.040 Statutes/Other Implemented: 2013 SB 135 & ORS 653 History: BLI 8-2013, f. 12-18-13, cert. ef. 1-1-14 BLI 1-2002, f. & cert. ef. 1-9-02 BL 1-1990, f. 2-27-90, cert. ef. 2-28-90
839-020-0082 Special Recordkeeping Circumstances (1) In addition to keeping other records required by these rules, an employer who makes deductions from the wages of employees for lodging, meals or other facilities or services (as these terms are used in ORS 653.035) furnished to them by the employer or by an affiliated person, or who furnishes such lodging, meals, other facilities or services to employees as an addition to wages, must maintain and preserve records substantiating the fair market value of furnishing each class of facility. Separate records of the fair market value of each item furnished to an employee need not be kept. The requirements may be met by keeping combined records of the fair market value in each class of facility, such as housing, fuel, or merchandise furnished through a company store or commissary. Such records must include itemized accounts showing the nature and amount of any expenditures entering into the computation of the fair market value, as defined in these rules. (2) If additions to or deductions from wages paid so affect the total cash wages due in any workweek (even though the employee actually is paid on other than a workweek basis) as to result in the employee receiving less in cash than the applicable minimum hourly wage, or if the employee works in excess of the applicable maximum hours standard and any addition to the wages paid are a part of wages, or any deductions made are claimed as allowable deductions, the employer must maintain records showing on a workweek basis those additions to or deductions from wages. Statutory/Other Authority: ORS 653 Statutes/Other Implemented: ORS 653.045 History: BLI 1-2002, f. & cert. ef. 1-9-02 BL 1-1990, f. 2-27-90, cert. ef. 2-28-90
839-020-0083 Records Availability (1) All records required to be preserved and maintained by these rules shall be preserved and maintained for a period of at least two years. (2) All employers shall keep such records in a safe and accessible place. (3) All records required to be preserved and maintained by these rules shall be made available for inspections and transcription by the Commissioner or duly authorized representative of the Commissioner. (4) Pursuant to ORS 652.750, an employer must keep an employee’s time records for not less than two years from the last date of entry and an employee’s payroll records for not less than three years from the last date of entry. Statutory/Other Authority: ORS 653 Statutes/Other Implemented: ORS 653.045 History: BLI 6-2016, f. 8-29-16, cert. ef. 1-1-17 BL 1-1990, f. 2-27-90, cert. ef. 2-28-90
839-020-0085 Posting Requirements Every employer employing any employees subject to the minimum wage provisions shall post and keep posted a notice explaining ORS 653.010 to 653.261, as prescribed by the Commissioner, in conspicuous places in every establishment where such employees are employed so as to permit them to observe readily a copy. Any employer of employees to whom OAR 839-020-0030 does not apply because of a total establishment exemption may alter or modify the poster with a legible notation to show that the overtime provisions do not apply. EXAMPLE: “Overtime Provisions not Applicable to Taxicab Drivers (ORS 653.020(6)).” Statutory/Other Authority: ORS 653 Statutes/Other Implemented: ORS 653.050 History: BL 1-1990, f. 2-27-90, cert. ef. 2-28-90
839-020-0087 Earned Income Tax Credit Notice to Employees (1) As required by ORS 652.755, every employer must provide notice to each employee about the availability of the state and federal earned income tax credits. (2) The notice must: (a) Be in English and in the language the employer typically uses to communicate with the employee; (b) Be provided contemporaneously with the employee’s federal form W-2 by regular or electronic mail, by hand-delivery, or in the same electronic manner that the employer provides the employee’s federal form W-2 ; and (c) Provide website addresses for the Internal Revenue Service and the Department of Revenue where the employee can find information about the state and federal earned income tax credits. (3) The bureau shall include notice to employees about the state and federal earned income tax credits on the minimum wage poster. Statutory/Other Authority: OL Ch. 333 (2017) & ORS 651 Statutes/Other Implemented: OL Ch. 333 (2017) & ORS 652.755 History: BLI 2-2018, adopt filed 02/13/2018, effective 02/13/2018
839-020-0115 Relationship of State and Federal Law (1) The Bureau of Labor and Industries has been informed and has reason to believe that there exists confusion and uncertainty on the part of employers concerning the inter-relationship of the Federal Fair Labor Standards Act and the regulations adopted pursuant thereto and the State Minimum Wage Law and the administrative rules adopted thereunder. (2) The purpose of this rule, therefore, is to inform employers of the proper application of the law and to direct them to authoritative sources in cases of doubt. (3) Employers who are required to comply with the state and federal laws, regulations and rules referred to in section (1) of this rule are required to comply with all standards set by those laws, regulations and rules. When one set of standards differs from the other, the standards most advantageous to employees must be met. For example, when the state minimum wage requires a higher hourly rate to be paid than the federal minimum wage rate, the state rate must be paid. By paying the higher rate, the employer complies with both standards. Another example is when the employer may qualify for an exemption under the state law but not the federal law. In this case, the employer is required to comply with the federal law. (4) Employers may contact the Employer Assistance Unit of the Bureau of Labor and Industries, for more information on specific fact situations. (5) The purpose of this rule is stated in section (2) of this rule. The rule should not be interpreted to mean anything other than this stated purpose. Statutory/Other Authority: ORS 651.060 & ORS 653.261 Statutes/Other Implemented: ORS 653.261 History: BLI 1-2024, amend filed 01/04/2024, effective 01/04/2024 BLI 7-2003, f. 12-31-03, cert. ef. 1-1-04 BL 1-1990, f. 2-27-90, cert. ef. 2-28-90
839-020-0130 Overtime Exemption for Public Employees (1) Pursuant to the provisions of ORS 653.261(3), OAR 839-020-0030 does not apply to individuals employed by the State of Oregon or any political subdivision or quasi-municipal corporation thereof under the following circumstances: (a) When the provisions of any law prescribe rules pertaining to overtime pay; or (b) When the provisions of a collective bargaining agreement prescribes rules pertaining to overtime pay. (2) Individuals employed by a public employer are subject to the overtime pay provisions of ORS 653.268 unless otherwise exempt under ORS 653.269. The State of Oregon or any political subdivision or quasi-municipal corporation thereof is a public employer and the overtime provisions of OAR 839-020-0030 do not apply to its employees. (3) As used in this rule, “public employer” means the State of Oregon, including the following political subdivisions: cities, counties, community colleges, school districts, special districts and public and quasi-public corporations. Statutory/Other Authority: ORS 653 Statutes/Other Implemented: ORS 653.261 History: BL 9-1996, f. & cert. ef. 10-8-96 BL 1-1990, f. 2-27-90, cert. ef. 2-28-90 BL 10-1989(Temp), f. 12-4-89, cert. ef. 9-1-89 BL 5-1989(Temp), f. 8-18-89, cert. ef. 9-1-89
839-020-0150 Exemptions from Minimum Wage and Overtime (1) An individual employed as a resident manager of an adult foster home is not subject to the minimum wage and overtime provisions of ORS 653.010 to 653.261 so long as the resident manager is domiciled at the adult foster home and is directly responsible for the daily care of the residents residing in the home; and (a) The resident manager is employed to work in a licensed adult foster home as defined in ORS 443.705(4) pursuant to the Adult Foster Homes Licensing Law (ORS 443.705 to 443.825); or (b) The resident manager is employed to work in an adult foster home which is exempt from the license, inspection and fee provisions of the Adult Foster Homes Licensing Law (ORS 443.705 to 443.825) pursuant to ORS 443.780. (2) The provisions of ORS 653.010 to 653.261 and these rules pertaining to the payment of minimum wage and overtime pay do not apply to inmates of the Oregon Department of Corrections assigned to a work release program or otherwise working in gainful private employment pursuant to ORS 144.480, relating to prison inmate labor. (3) The provisions of ORS 653.010 to 653.261 and these rules do not apply to persons serving as a referee or assistant referee in a youth or adult recreational soccer match. Pursuant to ORS 670.610, these referees and assistant referees are independent contractors. (4) The provisions of OAR 839-020-0050 to 839-020-0065 relating to working conditions do not apply to employees employed by public employers provided that the conditions of ORS 653.261(3) are met. Statutory/Other Authority: ORS 653 Statutes/Other Implemented: ORS 653.020 History: BLI 8-2003, f. 12-31-03, cert. ef. 2-1-04 BLI 1-2002, f. & cert. ef. 1-9-02 BL 9-1996, f. & cert. ef. 10-8-96
839-020-0200 Authority of Labor Commissioner to Define Terms Relating to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities ORS 653.269(3) requires the Labor Commissioner to define certain terms relating to persons employed by a public employer in fire protection and law enforcement activities (including security personnel in corrections institutions), who are exempt from the overtime provisions of ORS 653.268. Statutory/Other Authority: ORS 279.342(3) Statutes/Other Implemented: ORS 279.342 History: BLI 1-2002, f. & cert. ef. 1-9-02 BL 8-1997, f. & cert. ef. 11-13-97
839-020-0210 Exemptions from Overtime Relating to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities — Generally (1) OAR 839-020-0200 to 839-020-0270 are adopted pursuant to ORS 653.269(3). The rules define certain public employees and activities exempt from the overtime provisions of 653.268. (2) Employees of a public employer, as defined in ORS 243.650, are exempt from the overtime pay requirements of ORS 653.268 when they are employed in: (a) Fire protection activities; or (b) Law enforcement activities, including security personnel in correctional institutions. (3) The application of OAR 839-020-0200 to 839-020-0270 is limited to public agencies, and does not apply to any private organization engaged in furnishing fire protection or law enforcement services, even if the services are provided under contract with a public agency. Statutory/Other Authority: ORS 279.342(3) Statutes/Other Implemented: ORS 279.342 History: BLI 1-2002, f. & cert. ef. 1-9-02 BL 8-1997, f. & cert. ef. 11-13-97
839-020-0230 Limitation on Nonexempt Work (1) Employees engaged in fire protection or law enforcement activities as defined in OAR 839-020-0220 may also engage in some nonexempt work which is not performed as an incident to or in conjunction with their fire protection or law enforcement activities. For example, firefighters who work for forest conservation agencies may, during slack times, plant trees and perform other conservation activities unrelated to their firefighting duties. The performance of such nonexempt work will not defeat the exemption in ORS 653.269(3) unless it exceeds 20 percent of the total hours worked by that employee during the workweek or applicable work period. A person who spends more than 20 percent of the person’s working time in nonexempt activities is not considered to be an employee engaged in fire protection or law enforcement activities for purposes of OAR 839-020-0200 to 839-020-0270. (2) Public agency fire protection and law enforcement personnel may, at their own option, undertake employment for the same employer on an occasional or sporadic and part-time basis in a different capacity from their regular employment. The performance of such work does not affect the application of the exemption in ORS 653.269(3) with respect to the regular employment. In addition, the hours of work in the different capacity need not be counted as hours worked for overtime purposes on the regular job, nor are such hours counted in determining the 20 percent limitation for nonexempt work discussed in subsection (1) of this section. Statutory/Other Authority: ORS 279.342(3) Statutes/Other Implemented: ORS 279.342 History: BLI 1-2002, f. & cert. ef. 1-9-02 BL 8-1997, f. & cert. ef. 11-13-97
839-020-0240 Public Agency Employees Engaged in Both Fire Protection and Law Enforcement Activities Some public agencies have employees (often called “public safety officers") who engage in both fire protection and law enforcement activities, depending on the agency needs at the time. This dual assignment would not defeat the exemption in ORS 653.269(3), provided that each of the activities performed meets the appropriate tests set forth in OAR 839-020-0220. This is so regardless of how the employee’s time is divided between the two activities. However, all time spent in connection with fire protection or law enforcement functions, or with neither, must be combined for purposes of the 20 percent limitation on nonexempt work as provided in OAR 839-020-0230. Statutory/Other Authority: ORS 279.342(3) Statutes/Other Implemented: ORS 279.342 History: BL 8-1997, f. & cert. ef. 11-13-97
839-020-0250 Effect of Training Time The attendance at a bona fide fire or police academy or other training facility, when required by the employing agency, constitutes engagement in activities under ORS 653.269(3) only when the employee meets all the applicable tests described in OAR 839-020-0220 (except for the power of arrest for law enforcement personnel), as the case may be. If the applicable tests are met, then basic training or advanced training is considered incidental to, and part of, the employee’s fire protection or law enforcement activities. Statutory/Other Authority: ORS 279.342(3) Statutes/Other Implemented: ORS 279.342 History: BL 8-1997, f. & cert. ef. 11-13-97
839-020-0260 Application of ORS 653.269(3) to Ambulance and Rescue Service Employees (1) Ambulance and rescue service employees of a public agency other than a fire protection or law enforcement agency may be treated as employees engaged in fire protection or law enforcement activities of the type contemplated by ORS 653.269(3) if their services are substantially related to firefighting or law enforcement activities in that: (a) The ambulance and rescue service employees have received training in the rescue of fire, crime, and accident victims or firefighters or law enforcement personnel injured in the performance of their respective duties; and (b) The ambulance and rescue service employees are regularly dispatched to fires, crime scenes, riots, natural disasters and accidents. (2) Where employees perform both fire protection and law enforcement activities, the applicable standard is the one which applies to the activity in which the employee spends the majority of work time during the work period. (3) Ambulance and rescue service employees are not exempt under ORS 653.269(3) when they are employees of public agencies engaged in the operation of a hospital or an institution primarily engaged in the care of persons who are sick or aged or have mental illness or mental retardation and who reside on the premises of such institutions. (4) Ambulance and rescue service employees of private organizations are not exempt from the provisions of ORS 653.269(3) even if their activities are substantially related to the fire protection and law enforcement activities performed by a public agency or their employer is under contract with a public agency to provide such services. Statutory/Other Authority: ORS 279.342(3) Statutes/Other Implemented: ORS 279.342 History: BLI 41-2007, f. 12-28-07, cert. ef. 1-1-08 BLI 1-2002, f. & cert. ef. 1-9-02 BL 8-1997, f. & cert. ef. 11-13-97
839-020-0270 Other Overtime Exemptions May Apply to Public Employees Engaged in Fire Protection and Law Enforcement Activities Although ORS 653.269(3) provides special exemptions for employees of public agencies engaged in fire protection and law enforcement activities, such workers may also be subject to other exemptions in 653.269, and public agencies may apply such other exemptions if applicable. For example, a high-ranking police official engaged in law enforcement activities who is exempt from the provisions of 653.268 as an employee employed in fire protection activities pursuant to the provisions of 653.269(3) and OAR 839-020-0320, may also be exempt from ORS 653.268 as an “executive” employee by virtue of the exemption for any employee employed as an executive, administrative, supervisory, or professional employee, (as those terms are defined in OAR 839-020-0320) pursuant to the provisions of ORS 653.269(5)(a). Statutory/Other Authority: ORS 279.342(3) Statutes/Other Implemented: ORS 279.342 History: BL 8-1997, f. & cert. ef. 11-13-97
839-020-0300 Authority of Labor Commissioner to Define Terms Relating to Executive, Administrative, Supervisory and Professional Employees of a Public Agency ORS 653.269(5)(a) requires the Labor Commissioner to define certain terms relating to executive, administrative, supervisory or professional employees of a public agency who are exempt from the overtime provisions of ORS 653.268 because of the nature of their employment. Statutory/Other Authority: ORS 279.342(5)(a) Statutes/Other Implemented: ORS 279.342 History: BL 8-1997, f. & cert. ef. 11-13-97
839-020-0310 Application of OAR 839-020-0300 to 839-020-0350 (1) OAR 839-020-0300 to 839-020-0350 are adopted pursuant to ORS 653.269(5)(a). The rules define the nature of executive, administrative, supervisory and professional employment for purposes of the overtime pay exemption under ORS 653.268. (2) The application of OAR 839-020-0300 to 839-020-0350 is limited to public agencies, and does not apply to the employees of any private organization. Statutory/Other Authority: ORS 279.342(5)(a) Statutes/Other Implemented: ORS 279.342 History: BL 8-1997, f. & cert. ef. 11-13-97
839-020-0330 Exception to Salary or Fee Basis (1) An employee who otherwise meets the requirements of OAR 839-020-0310 must not be disqualified from exemption under ORS 653.269(5)(a) on the basis that such employee is paid according to a pay system established by statute, ordinance, or regulation, or by a policy or practice established pursuant to principles of public accountability, under which the employee accrues personal leave and sick leave and which requires the public agency employee's pay to be reduced or such employee to be placed on leave without pay for absences for personal reasons or because of illness or injury of less than one work-day when accrued leave is not used by an employee because: (a) Permission for its use has not been sought or has been sought and denied; (b) Accrued leave has been exhausted; or (c) The employee chooses to use leave without pay. (2) Deductions from the pay of an employee of a public agency for absences due to a budget-required furlough must not disqualify the employee from being paid "on a salary basis" except in the workweek in which the furlough occurs and for which the employee's pay is accordingly reduced. Statutory/Other Authority: ORS 279.342(5)(a) Statutes/Other Implemented: ORS 279.342 History: BLI 1-2002, f. & cert. ef. 1-9-02 BL 8-1997, f. & cert. ef. 11-13-97
839-020-0350 Computer Professionals Employees exempt from overtime because of the professional nature of their employment includes employees who are computer systems analysts, computer programmers, software engineers, or other similarly skilled workers, whose primary duties consist of the following: (1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software, or system specifications; (2) The design, development, documentation, analysis, creation, testing, or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (3) The design, documentation, testing, creation, or modification of computer programs related to machine operating systems; or (4) A combination of duties described in subsections (1), (2) and (3) of this section, the performance of which requires the same level of skills. Statutory/Other Authority: ORS 279.342(5)(a) Statutes/Other Implemented: ORS 279.342 History: BLI 1-2002, f. & cert. ef. 1-9-02 BL 8-1997, f. & cert. ef. 11-13-97
839-020-0400 Definitions for Maximum Hours of Work in Canneries, Driers and Packing Plants As used in OL Ch. 685 (2017), ORS 653.265 and OAR 839-020-0400 to 839-020-0420, unless the context requires otherwise: (1) “Administrative duties” means office or non-manual work directly related to the employer’s management policies or general business operations. (2) “Cannery” means an establishment for the canning or preservation of food products to prevent spoilage. (3) “Day” means any time period of 24 consecutive hours as determined by the employer. (4) “Drier” means an establishment in which food products are preserved through the removal of moisture. (5) "Employed in" refers to employment of employees in the actual place specified in ORS 653.265. Employees who are not performing duties in the named places are not "employed in" those places. (6) "Employee" means any individual employed by an employer. (7) "Employer" includes any person acting directly or indirectly in the interest of an employer in relation to an employee. (8) “Engaged in the direct processing of goods” means to perform duties directly related to the canning, drying, packing, or preservation of food products. (9) “Packing plant” means an establishment for the processing and packing of food products, including the packing of meat. (10) “Perishable product” means any product that may spoil, deteriorate or undergo other material changes that render it unsuitable for the use for which it was produced. “Perishable product” includes agricultural crops, meat and fish. (11) “Undue hardship period” means the period of time during which a perishable product must be processed after harvesting, slaughter or catch. (12) “Workweek” means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. A workweek may begin on any day of the week and any hour of the day and need not coincide with a calendar week. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade overtime requirements. Statutory/Other Authority: OL 685 (2017), ORS 653 & ORS 651 Statutes/Other Implemented: OL 685 (2017) & ORS 653 History: BLI 8-2017, adopt filed 12/27/2017, effective 01/01/2018