Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 1 - WAGE COLLECTION MATTERS › Section 839-001-0100 - Definitions for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS
				652.010 to
				652.030 and in OAR
				839-001-0100 to
				839-001-0200, 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) "Agent of the Employer" includes any
			 person acting as the employer's agent for purposes of assigning work, assigning
			 hours of work, or authorizing overtime payments to employees.
(3) "Bureau" means the Bureau of Labor and
			 Industries of the State of Oregon.
(4) "Commissioner" means the Commissioner of
			 the Bureau of Labor and Industries.
(5) "Day" or "Day of 24 Hours" means any time
			 period of 24 consecutive hours as determined by the employer.
(6) "Direct processing of goods" means the
			 use of machinery in the production of manufactured goods.
(7) "Employ" includes to suffer or permit to
			 work.
(8) "Employed in" refers to
			 employment of employees in the actual place specified in ORS
			 652.010 to
			 652.030. Employees who are not
			 performing duties in the named places are not "employed in" those
			 places.
(9) "Employee" means any
			 individual employed by an employer.
(10) "Employer" includes any person acting
			 directly or indirectly in the interest of an employer in relation to an
			 employee.
(11) "Factory" means a
			 building or set of buildings with facilities for manufacturing; the seat of
			 some kind of production. "Factory" in the context used in these rules is a
			 "manufacturing establishment".
(12)
			 "Finished Forest Products" means a forest product ready for sale to a
			 wholesaler or retailer of finished products.
(13) "Machinery" means material-handling
			 equipment and power-driven machines powered by electricity, nuclear or fossil
			 fuels, hydroelectric power, geothermal power or another power source other than
			 by human hand, foot or breath.
(14)
			 "Manufacturing" means the process of using machinery to transform materials,
			 substances or components into new products.
(15) "Manufacturing establishment" means an
			 establishment engaged in manufacturing.
(16) "Mill" means a building or collection of
			 buildings with machines for manufacturing. "Mills" in the context used in these
			 rules are "manufacturing establishments".
(17) "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.
(18) "Primary Duty" means duties the employee
			 is engaged in over 50 percent of the time the employee is employed in any
			 workweek.
(19) "Undue hardship
			 period" means the period of time during which a perishable product must be
			 processed after harvesting, slaughter or catch.
(20) "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: ORS
				  651.060(4), ORS
				  652 & OL Ch. 685 (2017 Laws)
Statutes/Other Implemented: ORS
				  652.010 -
				  652.030 & OL Ch. 685 (2017
				  Laws)