839-026-0000 Definitions As used in ORS 653.412 to ORS 653.485 and these rules: (1) "All of the employees listed on the voluntary standby list," as used in ORS 653.455(3)(k)(C), means those employees on the voluntary standby list who are qualified and trained to perform the work for which additional hours are being offered. (2) “Business that provides services to or on behalf of an employer,” as used in ORS 653.412(2)(b)(C), means a business that is wholly distinct from and ancillary to the covered employer’s primary business function of providing retail, hospitality or food services. (3) “Commissioner” means the Commissioner of the Bureau of Labor and Industries. (4) "Eligible employees," as used in ORS 653.455(1)(a), means employees who are qualified and trained to perform the work for which additional hours are being offered. (5) “Fixed point of sale location” means the location where the employee works, or reports to work, and refers to the entirety of such location, including areas open and closed to the public. (6) “Natural disaster or a similar cause,” as used in ORS 653.455(3)(h), means an act of nature of such magnitude that it is capable of causing severe damage to property or significantly disrupting the day-to-day patterns of life, including but not limited to floods, earthquakes, volcanic eruptions, tsunamis, wildfires, snowstorms, or extreme temperatures, or other types of hazards caused by human actions, including but not limited to fires, explosions, war or civil unrest, that are capable of causing severe damage to property or significantly disrupting the day-to-day patterns of life. (7) “Recommendation of a public official,” as used in ORS 653.455(3)(f), means a recommendation or order from an individual serving a public entity in an official capacity as a law enforcement officer or firefighter or from a public official expressly authorized to represent a federal, state, or local governmental body or agency for purposes of emergency management. (8) “Regular rate of pay,” for purposes of computing compensation owed to an employee who has worked during a rest period required by ORS 653.442 or whose work schedule has been changed without advance notice as described in ORS 653.455, means the regular hourly rate that the employee was to be paid for the pay period during which the compensation required by ORS 653.442 or ORS 653.455 was earned, but in no case will the regular hourly rate be less than the applicable statutory minimum wage rate. An employee’s regular rate of pay shall be determined as follows: (a) For employees paid on the basis of a single hourly rate, the regular rate of pay means the same hourly rate the employee earned for work performed during the pay period. (b) For employees who are paid multiple hourly rates of pay, the regular rate of pay means the hourly rate of pay the employee was to be paid for: (A) The work period or shift that commences prior to the required 10-hour rest period having been satisfied when the employee is required to be compensated for work performed during a rest period required by ORS 653.442; or (B) Work performed during the work period or shift affected by the employer-requested change in schedule when the employee is required to be compensated for a work schedule change pursuant to ORS 653.455; or (C) When the employee earns multiple hourly rates of pay during the work period or shift, the weighted average of the hourly rates of pay for the work period or shift. (c) For employees paid a salary, the regular rate of pay means the employee’s total wages earned during the pay period covered by the salary divided by the number of hours agreed to be worked in the pay period which the salary is intended to compensate. For example, if an employee is paid a weekly salary of $525 and it is understood that the salary is compensation for a regular work week of 35 hours, the employee’s regular rate of pay is $15 per hour ($525 divided by 35 hours). For an employee paid a salary whose hours of work vary from work week to work week, the regular rate of pay is determined by dividing the amount of the salary by the number of hours worked in the pay period. (d) For employees paid on a commission or piece-rate basis only, the regular hourly rate of pay is determined by adding together the total earnings for the pay period and dividing this sum by the number of hours worked during the pay period. (e) For employees paid an hourly, weekly or monthly wage and also paid on a commission or piece-rate basis, the regular rate of pay means the rate of pay equivalent to the employee’s hourly, weekly or monthly wage. (f) For employees who are scheduled to work on an on-call basis, the regular rate of pay means the rate of pay the employee will earn when called in to perform work. (g) The regular rate of pay does not include: (A) Overtime, holiday pay, or other premium rates. However, where an employee’s regular rate of pay includes a differential meant to compensate the employee for work performed under differing conditions (for example, a shift differential for working at night), such a differential rate is not considered to be a premium; (B) Bonuses or other types of incentive pay; (C) Tips; or (D) Any additional compensation an employer is required to pay an employee under ORS 653.442 or 653.455. (9) “Unanticipated customer needs,” as used in ORS 653.432(1) and ORS 653.455(3)(k)(A), means an increase in customer demand which by its nature could not have been predicted on or before the date on which the employer issued the work schedule. (10) “Unexpected employee absences,” as used in ORS 653.432(1) and ORS 653.455(3)(k)(A), means absences for which the employer did not have notice on or before the date on which the employer issued the work schedule. (11) “Worker leasing company,” as used in ORS 653.412(2)(b)(B), means a worker leasing company, as defined in ORS 656.850(1), that is licensed as required by ORS 656.855. (12) “Writing” or “written” means a printed or printable communication in physical or electronic format including a communication that is transmitted through electronic mail, text message or a computer system or is otherwise sent and stored electronically. Statutory/Other Authority: ORS 651.060(4) Statutes/Other Implemented: ORS 653.412 - 653.485 History: BLI 15-2018, adopt filed 06/08/2018, effective 07/01/2018