justicedao/ipfs_state_laws huggingface dataset:
839-006-0335 Rights of Persons with Disabilities With Respect to Places of Public Accommodation: Direct Threat to Health or Safety (1) Notwithstanding other provisions of these rules, places of public accommodation may refuse to permit an individual with a disability to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of the public accommodation if the individual with a disability poses a direct threat to the health or safety of others. Direct threat means significant risk of substantial harm that cannot be eliminated or reduced below the level of significant risk of substantial harm by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services. (2) In determining whether an individual with a disability poses a direct threat to the health or safety of others, places of public accommodation must make an individualized assessment, based on reasonable judgment that relies on the most current medical knowledge, or on the best available objective evidence, to ascertain: (a) The duration of risk; (b) The nature and severity of potential harm; (c) The likelihood that potential harm will occur; (d) The imminence of potential harm; and (e) Whether reasonable modifications of policies, practices or procedures will mitigate the risk. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.103 & 659A.142 History: BLI 12-2015, f. & cert. ef. 8-28-15 BLI 8-2010, f. & cert. ef. 2-24-10 BLI 14-2008, f. 5-30-08, cert. ef. 6-6-08 BLI 10-2002, f. & cert. ef. 5-17-02 BLI 15-2000, f. & cert. ef. 8-11-00
839-006-0350 Requirements for Transient Lodging: Lift Systems for Transient Lodging (1) A transient lodging provider shall ensure that in transient lodging facilities of 175 or more rooms or suite of rooms that at least one room or suite of rooms has a lift system or multiple lift systems that enable an individual with a disability to access a bed, a toilet, and a shower or bathtub in the room or suite of rooms occupied by the individual with a disability. (a) “Lift system” means a system that: (A) Is used to transfer a person to a bed, toilet, shower or bathtub, but does not provide the individual with independent mobility; (B) May be a manual lift, an electronic lift or a lift that uses a track system; and (C) May require operation by an assistant. (b) “Transient lodging” means a unit consisting of a room or suite of rooms that: (A) Is not occupied as a principal residence; (B) Is typically occupied for a period of fewer than 30 consecutive days; and (C) Includes services that are part of the regularly charged cost of occupancy, including maid and linen services. (2) Additional information regarding the requirement described in section (3) of this rule is available at ORS 659A.144. (3) Any violation of section (1) of this rule or of the authorizing statutes is an unlawful practice. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 659A.144 History: Renumbered from 839-006-0332 by BLI 15-2013, f. & cert. ef 12-30-13 BLI 9-2010, f. & cert. ef. 2-24-10
839-006-0435 Veterans’ Preference in Public Employment (1) It is the policy of the State of Oregon that a public employer grant a preference in hiring and promotion to state servicemembers, former state servicemembers, veterans, and disabled veterans, under the provisions of ORS 408.225 to 408.237. (2) The requirement to grant a preference in hiring and promotion to state servicemembers, former state servicemembers, veterans, and disabled veterans, under the provisions of ORS 408.225 to 408.237, applies only to a public employer’s civil service positions. (3) That a private employer may give employment preference in the hiring or promotion of employees under ORS 408.497 does not preclude the filing of a complaint under ORS chapter 659A. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 408.225 - 408.237 & ORS 408.497 History: BLI 15-2025, amend filed 12/30/2025, effective 01/01/2026 BLI 12-2015, f. & cert. ef. 8-28-15 BLI 8-2010, f. & cert. ef. 2-24-10 BLI 37-2008, f. 11-6-08, cert. ef. 11-10-08
839-006-0440 Veterans’ Preference in Public Employment: Definitions (1) “Armed Forces” means the United States Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard, including the reserve components thereof. (Title 38 USC Part I Chapter 1 Section 101). Reserve components mean: (a) The Army Reserve; (b) The Navy Reserve; (c) The Marine Corps Reserve; (d) The Air Force Reserve; (e) The Coast Guard Reserve; (f) The Army National Guard of the United States; and (g) The Air National Guard of the United States. (2) “Disabled veteran” “former state servicemember,” “state servicemember” and “veteran” have the meaning given those terms in ORS 408.225. (3) “Eligibility list” means a list of ranked eligible candidates for a civil service position who have become eligible for the position through a test or series of tests and who will be considered for the civil service position in ranked order. Rankings of eligible candidates identified as tiers, bands or other names function as eligibility lists for purposes of these rules. (4) “Military leave” means any period of time for which a person is absent from a permanent civil service position for the performance of active duty in the Armed Forces of the United States. (5) “Promotion” means any position with a higher maximum salary rate. (6) “Public employer” includes a public body as defined in ORS 174.109, and any person authorized to act on behalf of the public body, with respect to control, management or supervision of any employee. “Public employer” includes but is not limited to: (a) Employers in local governments; (b) Employers in a public corporation created under a statute of this state and specifically designated as a public corporation; and (c) Employers in any public body that is created by statute, ordinance or resolution that is not part of state government or local government. (7) “Special qualifications” means qualifications added to minimum qualifications necessary at the time of appointment based on specific duties of the position to be filled. Special qualifications may include, but are not limited to bilingual skills, or licenses, permits and certifications required by law and screenings otherwise permitted by law, such as reference, criminal background and credit checks and physical fitness and drug tests. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 408.225 - 408.237 History: BLI 15-2025, amend filed 12/30/2025, effective 01/01/2026 BLI 12-2015, f. & cert. ef. 8-28-15 BLI 2-2012, f. & cert. ef. 2-8-12 BLI 15-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 8-2010, f. & cert. ef. 2-24-10 BLI 37-2008, f. 11-6-08, cert. ef. 11-10-08
839-006-0445 Eligibility for Employment Preference There are no limitations on the number of times a person can claim the preference described in ORS 408.225 to 408.237. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 408.225 - 408.237 History: BLI 15-2025, amend filed 12/30/2025, effective 01/01/2026 BLI 8-2010, f. & cert. ef. 2-24-10 BLI 37-2008, f. 11-6-08, cert. ef. 11-10-08
839-006-0450 Veterans’ Preference in Public Employment: Applying the Employment Preference (1) At each stage of the application process a public employer must grant a preference, in accordance with ORS 408.225 to 408.237, to a state servicemember, former state servicemember, veteran, or disabled veteran, who successfully completes an initial application screening or an application examination or a civil service test the public employer administers to establish eligibility for a vacant civil service position. (2) A public employer may consult with the Oregon Military Department and the Department of Veterans’ Affairs to determine whether certain military education or experience produces a transferable skill. To evaluate a veteran’s transferable skills from a transcript of military training, a public employer may consult the American Council on Education’s website, “A Guide to the Evaluation of Educational Experiences in the Armed Services,” at http://www.acenet.edu/news-room/Pages/Military-Guide-Online.aspx Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 408.225 - 408.237 History: BLI 15-2025, amend filed 12/30/2025, effective 01/01/2026 BLI 12-2015, f. & cert. ef. 8-28-15 BLI 7-2014, f. & cert. ef. 5-30-14 BLI 2-2014(Temp), f. 2-18-14, cert. ef. 2-19-14 thru 6-1-14 BLI 4-2013(Temp), f. 12-15-13, cert. ef. 12-16-13 thru 6-1-14 BLI 2-2012, f. & cert. ef. 2-8-12 BLI 15-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 8-2010, f. & cert. ef. 2-24-10 BLI 37-2008, f. 11-6-08, cert. ef. 11-10-08
839-006-0455 Veterans’ Preference in Public Employment: Employment Preference for Promotions A public employer must grant a preference to a person seeking promotion in the manner described in ORS 408.225 to 408.237. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 408.225 - 408.237 History: BLI 15-2025, amend filed 12/30/2025, effective 01/01/2026 BLI 12-2015, f. & cert. ef. 8-28-15 BLI 2-2012, f. & cert. ef. 2-8-12 BLI 15-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 8-2011, f. 10-13-11, cert. ef. 10-14-11 BLI 8-2010, f. & cert. ef. 2-24-10 BLI 37-2008, f. 11-6-08, cert. ef. 11-10-08
839-006-0465 Veterans’ Preference in Public Employment: Certification (1) A public employer may require an applicant to provide certification that the person is a state servicemember, former state servicemember, eligible veteran, or disabled veteran. (2) An applicant for a position with a public employer claiming veteran's or disabled veteran’s percentage points may submit as certification of eligibility a copy of the Certificate of Release or Discharge from Active Duty (a federal DD Form 214 or 215) with the application for employment. (3) Disabled veterans may also submit a copy of their veteran's disability preference letter from the U.S. Department of Veterans Affairs, but need not do so if the information is included in the federal DD Form 214/215. (4) An applicant for a position with a public employer claiming state servicemember percentage points may submit as certification of eligibility a copy of the Retirement Accounting Statement (federal DA Form 5016) with the application for employment. (5) An applicant for a position with a public employer claiming former state servicemember percentage points may submit as certification of eligibility, with the application for employment, a copy of: (a) The Certificate of Release or Discharge from Active Duty (a federal DD Form 214); or (b) The National Guard Report of Separation and Record of Service (a federal NGB Form 22 or DD Form 214-1). (6) An applicant for a position with a public employer claiming state servicemember, former state servicemember, veteran or disabled veteran percentage points may submit a summary of benefits letter from the United States Department of Veterans Affairs or any other official document, provided that the letter or other official document demonstrates that the applicant is a state servicemember, former state servicemember, veteran or disabled veteran, with the application for employment. (7) If a person’s record appears to show service qualifying for the preference the public employer may provisionally designate an applicant as an eligible veteran, disabled veteran, state servicemember or former state servicemember. However, before the person can be appointed, the person must submit proof of the entitlement to the preference. Statutory/Other Authority: ORS 659A.805 Statutes/Other Implemented: ORS 408.225 - 408.237 History: BLI 15-2025, amend filed 12/30/2025, effective 01/01/2026 BLI 8-2010, f. & cert. ef. 2-24-10 BLI 37-2008, f. 11-6-08, cert. ef. 11-10-08
839-007-0005 Jointly Employed Employees (1) All joint employers are responsible, both individually and jointly, for ensuring compliance with the provisions of ORS 653.601 to 653.661 and these rules. The bureau will be guided by joint employment standards found in Title 29, Code of Federal Regulations, Part 791, Section 2 and Part 825, Section 106. (2) A determination of whether or not a joint employment relationship exists is not determined by the application of any single criterion, but rather the entire relationship is to be viewed in its totality. (3) A type of company that is often called a Professional Employer Organization (PEO) contracts with client employers to perform administrative functions such as payroll, benefits, regulatory paperwork, and updating employment policies. The determination of whether a PEO is a joint employer also turns on the economic realities of the situation and must be based upon all the facts and circumstances. A PEO does not enter into a joint employment relationship with the employees of its client companies when it merely performs such administrative functions. On the other hand, if in a particular fact situation, a PEO has the right to hire, fire, assign, or direct and control the client’s employees, or benefits from the work that the employees perform, such rights may lead to a determination that the PEO would be a joint employer with the client employer, depending upon the facts and circumstances. (4) In joint employment relationships, the primary employer is responsible for giving required notices to its employees, providing sick time leave and other leave and maintenance of health benefits. Factors to be considered in determining which employer is the primary employer include but are not limited to: authority/responsibility to hire and fire, assign/place the employee, make payroll, and provide employment benefits. For employees of temporary placement agencies, for example, the placement agency most commonly would be the primary employer. Where a PEO is a joint employer, the client employer most commonly would be the primary employer. Statutory/Other Authority: ORS 653.601-653.661 & ORS 651 Statutes/Other Implemented: ORS 653.601-653.661 & OL Ch. 520 (2017) History: BLI 1-2018, amend filed 01/03/2018, effective 01/03/2018 BLI 16-2015, f. 12-9-15, cert. ef. 1-1-16
839-007-0010 Determining the Number of Sick Time Hours Accrued for Employees for Whom Recording Hours Worked is not Required (1) For purposes of determining the number of sick time hours accrued by an employee for whom recording the number of hours worked is not otherwise required by state and federal law, an employer may establish a reasonable method of calculating the number of hours worked by the employee. (2) Except as provided in section (3) of this rule, a reasonable method for determining the number of hours worked by an employee for whom recording the number of hours worked is not otherwise required by state and federal law includes: (a) The number of hours in a work schedule agreed upon by the employer and the employee; (b) Billing hours; or (c) Any other established practice which provides a reasonable approximation of the hours actually worked by the employee. (3) An employee engaged in administrative, executive, professional, or outside sales work who is exempt from the minimum wage and overtime requirements is presumed to work 40 hours in each workweek unless the actual number of work hours is regularly less than 40, in which case the number of sick time hours will accrue on the basis of actual hours worked. Statutory/Other Authority: OL Ch. 537 & 2015 Statutes/Other Implemented: OL Ch. 537 & 2015 History: BLI 16-2015, f. 12-9-15, cert. ef. 1-1-16
839-007-0012 Employees with Both Unpaid and Paid Sick Time When the number of employees employed by an employer fluctuates from year to year, so that the employer’s obligation to provide sick time alternates between paid sick time and unpaid sick time, an employee is entitled to use sick time in the manner that it was earned. For example, if an employer was required to provide paid sick time during the period of time in which an employee accrued such leave, the employee, when using sick time, is entitled to be paid for sick time accrued during this period even if the employer is no longer required to provide paid sick time. Conversely, sick time does not need to be paid when used if, at the time the employee accrued the sick time, the employer was only required to provide unpaid sick time. When an employee has available for use both paid sick time and unpaid sick time, the employee has the option of using either or both to cover the use of sick time. Statutory/Other Authority: OL Ch. 537 & 2015 Statutes/Other Implemented: OL Ch. 537 & 2015 History: BLI 16-2015, f. 12-9-15, cert. ef. 1-1-16
839-007-0025 Increments of Sick Time to Be Taken by Employee (1) An employee shall use accrued sick time in hourly increments, unless the employer permits the employee to use sick time in increments of less than one hour. (2) If an employer can demonstrate that to provide sick leave in hourly increments would pose an undue hardship on the employer as defined in OAR 839-007-0000(7), the employer may require an employee to use accrued sick time in increments of more than one hour but no more than four hours, provided the employer allows the employee to use at least 56 hours of paid sick leave per year. (3) When an employer does not provide sick time to employees in hourly increments, and is able to make the required showing of undue hardship under section (2) of this rule, the employer shall first provide to each employee a notice provided by the Commissioner of the Bureau of Labor and Industries in the language used by the employer to communicate with the employee regarding what increments of sick leave will be used. The employer shall retain and keep available to the commissioner a copy of the notice for the duration of the employee’s employment and for no less than six months after the termination date of the employee. Notices that comply with this subsection are available upon request from the bureau. (4) If an employer fails to provide the undue hardship notice required in section (3) to an employee, the employer may not require the employee to take sick time in increments of more than one hour. (5) An employer shall apply a consistent policy to all similarly situated employees related to increments of time in which sick time is required to be used. (6) If an employer requires employees to take leave in increments of more than one hour and an employee lacks sufficient accrued sick time to cover the additional time away from work that the employer is requiring, the employer may not discipline the employee for taking the additional time or include the additional hours as violations of an absence control policy. (7) An employer required by ORS 342.610 to pay a substitute teacher a salary based on one-half of the daily minimum salary or, if working for more than one-half day, a full day’s salary, may require the substitute teacher to use accrued sick time in increments of no more than four hours Statutory/Other Authority: ORS 653.601-653.661 & ORS 651 Statutes/Other Implemented: ORS 653.601-653.661 & OL Ch. 520 (2017) History: BLI 1-2018, amend filed 01/03/2018, effective 01/03/2018 BLI 16-2015, f. 12-9-15, cert. ef. 1-1-16
839-007-0030 Payment of Sick Time (1) Sick time must be paid no later than the payday for the next regular pay period after the sick time was used by the employee. (2) An employer may not reduce an employee’s benefits, including but not limited to health care benefits, because the employee uses accrued sick time to which the employee is entitled pursuant to ORS 653.601 to 653.661 and these rules. (3) If an employer has requested written documentation or verification of use of sick time pursuant to ORS 653.626 and OAR 839-007-0045, the employer is not required to pay sick time until the employee has provided such documentation or verification. (4) If an employer chooses to require written documentation or verification of use of sick time pursuant to ORS 653.626 and OAR 839-007-0045, such a requirement, as well as the employer’s policy regarding any consequences resulting from an employee’s failure or delay in providing such documentation or verification, must be included in the employer’s written sick time policies. (5) An employer who has not provided to an employee a copy of its written policy for providing notice of the need to use sick time may not deny sick time to the employee based on non-compliance with such a policy. Statutory/Other Authority: ORS 653.601-653.661 & ORS 651 Statutes/Other Implemented: ORS 653.601-653.661 & OL Ch. 520 (2017) History: BLI 1-2018, amend filed 01/03/2018, effective 01/03/2018 BLI 16-2015, f. 12-9-15, cert. ef. 1-1-16
839-007-0032 Application of Sick Time Provisions to New Businesses (1) An employer that has been in business for less than 20 workweeks shall allow employees to accrue sick leave pursuant to the provisions of ORS 653.606(3). (2) An employer that has been in business for less than 20 weeks shall calculate the number of employees employed pursuant to OAR 839-007-0015(1) after the employer has employed one or more employees for 90 calendar days. (3) If, after employing one or more employees for 90 calendar days, the employer employs 10 or more employees in Oregon, or if the employer is located in a city with a population exceeding 500,000 and employs at least six employees in Oregon, the employer shall pay for sick time accrued and used by an employee, unless the employer has a good-faith belief that the employer will not employ an average of 10 or more employees in Oregon for each workday for at least 20 workweeks, or an average of at least six employees per day in Oregon if the employer maintains a location in a city in Oregon with a population exceeding 500,000, in which case the employer is not required to pay for sick time accrued and used. (4) After 20 workweeks of operation, the employer shall calculate the number of employees employed pursuant to ORS 653.606(2) and OAR 839-007-0015. (5) If the employer has employed an average of 10 or more employees in Oregon for each workday during the 20 workweeks of operation, or if the employer has employed an average of at least six employees per day in Oregon if the employer maintains a location in a city in Oregon with a population exceeding 500,000, for each workday during the 20 workweeks of operation, employees are required to be paid for sick leave accrued and taken thereafter unless the employer ceases to employ an average of 10 or more employees in Oregon, or if the employer maintains a location in a city in Oregon with a population exceeding 500,000 ceases to employ an average of at least six employees per day in Oregon for each workday for 20 workweeks in any year preceding the use of accrued sick leave by any employee. (6) If, after 20 workweeks of operation, the employer has employed an average of 10 or more employees in Oregon for each workday during the 20 workweeks of operation, or if the employer employed an average of at least six employees per day in Oregon if the employer maintains a location in a city in Oregon with a population exceeding 500,000, for each workday during the 20 workweeks of operation, the employer shall pay any employee not paid for sick time accrued and taken during those 20 workweeks pursuant to ORS 653.606. (7) An employer may not deduct or otherwise recover any sick time paid to an employee if the employer subsequently is not required to pay for accrued sick time. Statutory/Other Authority: ORS 653.601-653.661 & ORS 651 Statutes/Other Implemented: ORS 653.601-653.661 & OL Ch. 520 (2017) History: BLI 1-2018, amend filed 01/03/2018, effective 01/03/2018 BLI 16-2015, f. 12-9-15, cert. ef. 1-1-16