Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 26 - EMPLOYEE WORK SCHEDULES › Section 839-026-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.