justicedao/ipfs_state_laws huggingface dataset:
839-020-0011 Determination of Applicable Region and Minimum Wage Rate to be Paid for Work Performed by Employees The applicable region and minimum wage rate to be paid to employees pursuant ORS 653.025 and OAR 839-020-0010 shall be determined as follows: (1) Work performed at a permanent fixed business location of the employer in Oregon. (a) If an employee performs more than 50% of the employee’s work in a pay period at the employer’s permanent fixed business location in Oregon, the applicable minimum wage rate to be paid to the employee by the employer shall be determined based on the region in which such business is located. (b) If an employee makes deliveries as a part of the employee’s job and starts and ends the employee’s work at the employer’s permanent fixed business location, the minimum rate of wage required to be paid to the employee by the employer is the applicable rate for the region in which such business is located. (2) Work performed other than at the employer’s permanent fixed business location. (a) If an employee does not perform more than 50% of the employee’s work in a pay period at the employer’s permanent fixed business location in Oregon pursuant to section (1) of this rule, the region in which the employee performs work is considered to be the employer’s location for purposes of determining the applicable minimum wage rate to be paid. The employer is required to pay no less than this rate for each hour worked during the pay period. (b) In the event an employee performs work in more than one region in a pay period, the employer must pay either: (A) The applicable minimum rates of wage for each hour worked in each region in which the employee worked; or (B) The highest minimum rate of wage required for any region in which the employee worked for all hours worked by the employee during the pay period. (c) If an employee performs work in more than one region in a pay period, the employer must maintain records of the locations in which the employee worked unless pursuant to paragraph (b)(B) of this section, the employer pays the highest rate of wage required for any region in which the employee worked for all hours worked by the employee during the work period. Statutory/Other Authority: ORS 651.060(4) & 653.040, OL Ch. 012 & 2016 Statutes/Other Implemented: OL Ch. 012, 2016 & ORS 653.025 History: BLI 4-2016, f. 6-15-16, cert. ef. 7-1-16
839-020-0012 Wage Statements to Be Provided to Employees (1) Except for employees who are otherwise specifically exempt under ORS 653.020, employers must furnish each employee, each time the employee receives a compensation payment from the employer, a written itemized statement of earnings. The written itemized statement must include: (a) The date of the payment; (b) The dates of work covered by the payment; (c) The name of the employee; (d) The name of the employer and the employer’s business registry number or business identification number; (e) The address and telephone number of the employer; (f) The rate or rates of pay; (g) Whether the employee is paid by the hour, shift, day or week or on a salary, piece or commission basis; (h) Gross wages; (i) Net wages; (j) The amount and purpose of each deduction made during the respective period of service that the payment covers; (k) Allowances, if any, claimed as part of minimum wage; (l) The regular hourly rate or rates of pay, the overtime rate or rates of pay, the number of regular hours worked and pay for those hours, and the number of overtime hours worked and pay for those hours; (m) If the employee is paid a piece rate, the applicable piece rate or rates of pay, the number of pieces completed at each piece rate and the total pay for each rate. (2) When a compensation payment is a draw or advance against future earnings, and no deductions are being made from the payment, the written itemized statement must include the information required in section (1) (a), (b), (c), (d), (e) and (h) of this rule. The employee must be provided with a statement containing all of the information required by section (1) of this rule at the employee's next regular payday, even if the employee is not entitled to payment of any further wages at that time. (3) Pursuant to the Uniform Electronic Transactions Act (Chapter 535, Oregon Laws 2001) ORS 84.001 to 84.061, the itemized statement may be provided in an electronic format if: (a) The employee expressly agrees; and (b) The employee has the ability to print or store the electronic itemized statement at the time of receipt. (4) In addition to this rule, ORS 652.610 establishes requirements for itemized statements to be provided to employees on regular paydays and at other times payment of wages, salary or commission is made. Statutory/Other Authority: ORS 651.060 Statutes/Other Implemented: ORS 652.610 & 652.640 History: BLI 6-2016, f. 8-29-16, cert. ef. 1-1-17 BLI 41-2007, f. 12-28-07, cert. ef. 1-1-08 BLI 1-2002, f. & cert. ef. 1-9-02 BLI 9-1996, f. & cert. ef. 10-8-96
839-020-0013 Bonuses Provided to Workers in Agriculture (1) Every producer, or agent of the producer, who employs a labor contractor to provide a working crew for harvesting perishable agricultural products or who offers a bonus to those persons who harvest perishable agricultural products shall cause to be conspicuously posted and maintained on the premises where the agricultural products are to be harvested, a notice that states: (a) A description of the terms and conditions of any bonus offered, including the manner of determining when the bonus is earned; and (b) That portion of the labor contractor’s compensation that is based on the amount of work done by each employee of the labor contractor. (2) Such notice must be written in the language customarily used by the employer or its agents to communicate with a worker. (3) The notice must be distributed in writing to workers, if required by ORS 658.440(1)(f) or any other law. (4) Any condition that has not been properly disclosed in the manners described above cannot be enforced against any worker to deny or diminish the amounts to which the worker would otherwise be entitled. Statutory/Other Authority: ORS 651.060 Statutes/Other Implemented: ORS 652.635 History: BL 9-1996, f. & cert. ef. 10-8-96
839-020-0015 Fixed Minimum Hourly Wage Rates Lower than the Minimum Wage Rate (1) Pursuant to ORS 653.025 and 653.030 the commissioner will consider the employment of specific types of persons or of individual persons themselves at a fixed minimum hourly wage rate lower than the rate required by 653.025, when the commissioner has determined that the application of these requirements would substantially curtail employment opportunities for the specific types of persons or individuals involved. The types of persons for whom a lower rate may be set upon a showing of good cause as set out below are limited to student learners as defined in 653.070. (2) Rules for the employment at less than the minimum wage: (a) An employer must submit an application for the payment of a fixed minimum hourly wage rate lower than the rate required by ORS 653.025 on a form provided by the commissioner. The application must specifically identify each student learner for whom the employer seeks to establish the lower rate and must state each and every reason why the employer believes a lower rate should be established. Forms may be obtained from the Bureau of Labor and Industries; (b) The application form must be signed by the employer, the prospective employee and, if the student learner has a legal guardian or other person legally empowered to act for the student learner, the legal guardian or other person; (c) The commissioner may require additional information from the employer or prospective employee to verify the conditions or reasons specified in the application; (d) The commissioner will grant the application only when the commissioner has determined that the application of ORS 653.025 would substantially curtail opportunities for employment of the prospective employee named in the application. The application may be granted under such terms and conditions as the commissioner deems appropriate; and (e) The commissioner will consider each application on an individual basis and will not grant blanket authorization in advance for a specific type or group of persons. [NOTE: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 651.060 & ORS 653.030 Statutes/Other Implemented: ORS 653.030 & ORS 653.033 History: BLI 17-2023, amend filed 10/05/2023, effective 10/06/2023 BLI 41-2007, f. 12-28-07, cert. ef. 1-1-08 BLI 1-2002, f. & cert. ef. 1-9-02 BL 10-1990, f. & cert. ef. 7-26-90 BL 1-1987, f. & ef. 1-12-87
839-020-0020 Deductions from the Minimum Wage — Generally Employers may not deduct the cost of any of the following items from the minimum wage: (1) Tools. (2) Equipment. (3) Uniforms, including but not limited to, garments such as suits, dresses, aprons, and all other garments whatsoever as worn by the employees as a condition of employment. Such apparel of a similar design, color, or material or forming part of the decorative pattern of the establishment or distinguishing the employee as an employee of the concern is presumed to be worn as a condition of employment. (4) Laundry or cleaning of uniforms. (5) Maintenance of tools, equipment or uniforms. (6) Breakage or loss of tools, equipment or uniforms. (7) Any other item required by the employer to be worn or used by the employee as a condition of employment. Statutory/Other Authority: ORS 653 Statutes/Other Implemented: ORS 653.025 History: BLI 1-2002, f. & cert. ef. 1-9-02 BL 1-1987, f. & ef. 1-12-87
839-020-0027 Deductions for Garnishment Processing Fee (1) If a garnishee that employs a debtor is required to make any payment under a writ of garnishment by reason of wages payable to the debtor, the garnishee may collect a processing fee as provided pursuant to ORS 18.736 for each week of wages, or fraction of a week of wages, for which a payment is made under the provisions of ORS 18.735. The processing fee must be collected after the last payment is made under the writ. The fee shall be withheld from the wages of the debtor, and is in addition to the amounts withheld for payment to the garnishor under the writ or under any other writ delivered to the garnishee. (2) The fee provided for in this section may not be collected if withholding of the fee would reduce the debtor's net disposable income below the minimum amount prescribed by ORS 18.385. Statutory/Other Authority: ORS 651.060(4), 652, 653 & HB 3544(2003 legislature) Statutes/Other Implemented: ORS 18.838, 652.150 & 653.261(1) History: BLI 22-2010, f. 12-30-10, cert. ef. 1-1-11 BLI 7-2003, f. 12-31-03, cert. ef. 1-1-04
839-020-0040 Hours Worked — Generally (1) OAR 839-020-0040 to 839-020-0047 deals with hours worked as defined by OAR 839-020-0004(19) and discusses principles involved in determining what constitutes working time for purposes of ORS 653.010 to 653.261 and these rules. (2) Work requested or required is considered work time. Work not requested, but suffered or permitted is considered work time. (3) Work performed for the employer but away from the employer's premises or job site is considered work time. If the employer knows or has reason to believe that work is being performed, the time spent must be counted as hours worked. (4) It is the duty of the employer to exercise control and see that the work is not performed if it does not want the work to be performed. The mere promulgation of a policy against such work is not enough. Statutory/Other Authority: ORS 651.060(4) & 653.040 Statutes/Other Implemented: 2013 SB 135 & ORS 653.010 - 653.261 History: BLI 8-2013, f. 12-18-13, cert. ef. 1-1-14 BLI 1-2002, f. & cert. ef. 1-9-02 BL 10-1990, f. & cert. ef. 7-26-90 BL 1-1990, f. 2-27-90, cert. ef. 2-28-90
839-020-0041 Waiting Time (1) On duty (engaged to wait): Where waiting is an integral part of the job, i.e., when the time spent waiting belongs to and is controlled by the employer and the employee is unable to use the time effectively for the employee’s own purposes, that employee will be considered as engaged to wait. All time spent in activity where an employee is engaged to wait will be considered as part of hours worked. (2) Off duty (waiting to be engaged): Periods during which an employee is completely relieved from duty and which are long enough to enable the employee to use the time effectively for the employee’s own purposes are not hours worked. The employee is not completely relieved from duty and cannot use the time effectively for the employee’s own purposes unless the employee is told in advance that the employee may leave the job and that the employee will not have to commence work until a specified hour has arrived. Whether the time is long enough to enable the employee to use the time effectively for the employee’s own purposes depends upon all of the facts and circumstances of the case. (3) On-call time: An employee who is required to remain on-call on the employer's premises or so close thereto that the employee cannot use the time effectively for the employee’s own purposes is working while "on-call.” An employee who is not required to remain on the employer's premises but is merely required to leave word at the employee’s home or with company officials where the employee may be reached is not working while on-call. Statutory/Other Authority: ORS 183 & 653 Statutes/Other Implemented: ORS 653.010 - 653.261 History: BLI 1-2002, f. & cert. ef. 1-9-02 BL 10-1990, f. & cert. ef. 7-26-90 BL 1-1990, f. 2-27-90, cert. ef. 2-28-90
839-020-0042 Sleeping Time and Certain Other Activities Under certain conditions an employee is considered to be working even though some of the employee's time is spent sleeping or in certain other activities: (1) Less than 24 hours duty: An employee who is required to be on duty for less than 24 hours is working even though the employee is permitted to sleep or engage in other activities when not busy. (2) Duty of 24 hours or more: Where an employee is required to be on duty for 24 hours or more, the employer and the employee may agree to exclude bona fide meal periods and a bona fide regularly scheduled sleeping period of not more than eight hours from hours worked, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted sleep period. If sleeping period is of more than eight hours, only eight hours will be credited. Where no expressed or implied agreement to the contrary is present, the eight hours of sleeping time and lunch periods constitute hours worked: (a) Interruptions of sleep. If the sleeping period is interrupted by a call to duty, the interruption must be counted as hours worked. If the period is interrupted to such an extent that the employee cannot get a reasonable sleep period, the entire period must be counted; (b) For purposes of this rule a reasonable night's sleep is considered sleep time of not less than five continuous hours. (3) Employees residing on employers' premises or working at home: An employee who resides on the employer's premises on a permanent basis or for extended periods of time is not considered as working all the time the employee is on the premises. Ordinarily, the employee may engage in normal private pursuits and thus have enough time for eating, sleeping, entertaining, and other periods of complete freedom from all duties when the employee may leave the premises for the employee's own purposes. To determine the exact hours worked, any reasonable agreement of the parties which takes into consideration all of the pertinent facts will be accepted. (4) Notwithstanding ORS 653.020 and sections (2) and (3) of this rule, an employer must provide a domestic worker who resides in the home of the employer with both at least eight consecutive hours of rest within each 24-hour period and a space with adequate conditions for uninterrupted sleep. For purposes of this section, if the period of rest is interrupted by a call to duty, any time worked during the rest period must be paid at one and one-half times the employee’s base rate regardless of the total number of hours worked in that work week. Statutory/Other Authority: ORS 653 Statutes/Other Implemented: ORS 653.010 - 653.261 History: BLI 19-2015, f. 12-22-15, cert. ef. 1-1-16 BLI 1-2002, f. & cert. ef. 1-9-02 BL 1-1990, f. 2-27-90, cert. ef. 2-28-90
839-020-0043 Preparatory and Concluding Activities (1) Preparatory and concluding activities are considered hours worked if the activities performed by the employee are an integral and indispensable part of a principal activity for which the employee is employed: (a) Example: A bank teller counts the till and arranges the work space in preparation for receiving customers. This activity is an integral and indispensable part of the principal activity for which the employee is employed and is included as hours worked; (b) Example: In connection with the operation of a lathe, the lathe operator oils, greases, or cleans the machine or installs a new cutting tool. Such activities are an integral and indispensable part of a principal activity and are included as hours worked; (c) Example: Agricultural workers must dress in protective clothing and thoroughly clean up after their work with or around pesticides. The time spent in these activities is work time. (2) These rules are applicable even where there exists a custom, contract or agreement not to pay for the time spent in such activity. (3) Where a contract, custom or practice dictates certain activities to be considered as work time, even though not considered to be an integral and indispensable part of a principal activity, the time devoted to such activities will be considered as work time. Statutory/Other Authority: ORS 653 Statutes/Other Implemented: ORS 653.010 - 653.261 History: BLI 1-2002, f. & cert. ef. 1-9-02 BL 1-1990, f. 2-27-90, cert. ef. 2-28-90
839-020-0046 Adjusting Grievances, Medical Attention, Civic and Charitable Work and Suggestion Systems (1) Time spent in adjusting grievances between an employee and employer during the time employees are required to be on the premises is hours worked, but in the event a bona fide union is involved the counting of such time will be left to the process of collective bargaining or to the custom or practice under the collective bargaining agreement. (2) Time spent by an employee in waiting for and receiving medical attention on the premises or at the direction of the employer during the employee's normal working hours on days when the employee is working constitutes hours worked. (3) Time spent in work for public or charitable purposes at the employer's request, or under its direction or control, or while the employee is required to be on the premises, is working time. Time spent voluntarily in such activities outside of the employee's normal working hours is not hours worked. (4) Time spent by employees outside of their regular working hours in developing suggestions under a general suggestion system is not working time, but if employees are permitted to work on suggestions during regular working hours the time spent must be counted as hours worked. When an employee is assigned to work on the development of a suggestion, the time is considered hours worked. Statutory/Other Authority: ORS 653 Statutes/Other Implemented: ORS 653.010 - 653.261 History: BLI 1-2002, f. & cert. ef. 1-9-02 BL 1-1990, f. 2-27-90, cert. ef. 2-28-90
839-020-0047 Application of OAR 839-020-0040 to 839-020-0047 to Agricultural Employees The provisions of OAR 839-020-0040 to 839-020-0047 apply to all persons employed in Agriculture who are required to be paid minimum wages pursuant to ORS 653.025. Statutory/Other Authority: ORS 653 Statutes/Other Implemented: ORS 653.025 History: BL 10-1990, f. & cert. ef. 7-26-90
839-020-0052 Leave for Domestic Workers (1)(a) An employer who employs a domestic worker shall provide the domestic worker with a rest period of at least 24 consecutive hours in each work week. (b) A domestic worker may agree to work on the designated day of rest, if all of the following conditions are met: (A) The domestic worker’s agreement is given voluntarily; and, (B) The agreement is in writing, in a language easily understood by the domestic worker; is made prior to the performance of services on the designated day of rest and specifies the particular day of rest on which the domestic worker agrees to work; and is signed or acknowledged by the domestic worker and the employer. (c) When a domestic worker works on a designated day of rest, the employer shall pay all hours worked at one and one-half times the employee’s base rate regardless of the total number of hours worked in that work week. (2)(a) An employer who employs a domestic worker shall provide the domestic worker not less than three paid personal days off each year if the domestic worker worked an average of at least 30 hours per work week during the previous year. For purposes of this subsection, a year includes any consecutive 12-month period, such as a calendar year, a tax year, a fiscal year, a contract year or the 12-month period beginning on the anniversary of the date of employment of the domestic worker. (b) Paid personal days off shall be compensated at the domestic worker’s base rate and for the average number of hours that the domestic worker works during a typical workday. For example, if a domestic worker typically works 30 hours per week during a five-day work week, the domestic worker must be paid for six hours at the base rate of pay for each personal day off. (c) Any accrued but unused personal days off shall be paid upon termination in accordance with the requirements for final wages in ORS 652.140. (3) An employer who employs a domestic worker shall allow the employee to accrue up to 40 hours of sick time as authorized by OL Ch. 537, 2015 and OAR chapter 839, division 7. Statutory/Other Authority: OL Ch. 457 & 2015 Statutes/Other Implemented: OL Ch. 457 & 2015 History: BLI 19-2015, f. 12-22-15, cert. ef. 1-1-16
839-020-0060 Weight Lifting No employee shall be required to lift excessive weights. Statutory/Other Authority: ORS 653 Statutes/Other Implemented: ORS 653.261(1) History: BL 1-1987, f. & ef. 1-12-87
839-020-0065 Other Working Conditions (1) No employer shall employ or shall suffer or permit any employee to work in the State of Oregon, except under the following conditions: (a) Where a sanitary and safe work area is provided; (b) Where adequate lighting is provided; (c) Where adequate ventilation is provided; (d) Where adequate washrooms are provided; (e) Where adequate toilet facilities are provided; (f) Where the employer is in full compliance with the provisions of ORS Chapter 654 (the Oregon Safe Employment Act) and the rules and regulations promulgated thereunder. For the purposes of this rule, the compliance status of an employer is determined by the Occupational Safety and Health Division of the Department of Insurance and Finance; (g) Where, if provided, the cot or stretcher to be used in illnesses, accidents, or other emergencies is adequate. (2) Every employer shall provide to each employee when required by the nature of the work, suitable seats, suitable tables, and suitable work benches: (a) Suitable seats means convenient, comfortable and safe seats where the work is such that employees may sit while working. “Suitable seats” in cannery occupations means one for every three employees who work in or on inspection tables and inspection belts; (b) Suitable tables and suitable work benches means tables and work benches so constructed as to give the greatest possible comfort and convenience to employees where the nature of the work and the safety and convenience of the employee requires a bench or table. Statutory/Other Authority: ORS 183 & 653 Statutes/Other Implemented: ORS 653.261(1) History: BL 10-1990, f. & cert. ef. 7-26-90 BL 1-1987, f. & ef. 1-12-87