reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 6 - INJURED WORKERS; DISABILITY; VETERANS AND PERSONS IN UNIFORMED SERVICES › Section 839-006-0480 - Discrimination Based on Uniformed Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule:
(a) "Service" means the performance of duty
			 on a voluntary or involuntary basis in a uniformed service that may involve
			 active duty, active duty for training, initial active duty for training,
			 inactive duty for training, full time duty in the National Guard, funeral
			 honors duty or an examination to determine fitness for service in a uniformed
			 service; and
(b) "Uniformed
			 service" means the Armed Forces of the United States, the Army National Guard
			 and the Air National Guard when engaged in active duty for training, inactive
			 duty training or full-time National Guard duty, the commissioned corps of the
			 United States Public Health Service and any other category of persons
			 designated by the President of the United States in a time of war or national
			 emergency.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 7 - OREGON SICK TIME › Section 839-007-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS
				653.601 to
				653.661 and these rules:
(1) "Affinity" has the meaning given that
			 term in OAR 839-009-0210.
(2) "City with a population exceeding
			 500,000" means a city with a population exceeding 500,000 located within the
			 state of Oregon.
(3) "Family
			 member" means an individual who is related by affinity to the employee or an
			 individual who is the employee's:
(a) Spouse
			 or domestic partner;
(b) Child or
			 the child's spouse or domestic partner;
(c) Parent or the parent's spouse or domestic
			 partner;
(d) Sibling or stepsibling
			 or the sibling's or stepsibling's spouse or domestic partner;
(e) Grandparent or the grandparent's spouse
			 or domestic partner; or
(f)
			 Grandchild or the grandchild's spouse or domestic partner.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 7 - OREGON SICK TIME › Section 839-007-0005 - Jointly Employed Employees

Current through Register Vol. 63, No. 7, July 1, 2024
(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)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 7 - OREGON SICK TIME › Section 839-007-0007 - Front-loading Sick Time

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In lieu
			 of awarding at least one hour of sick time for every 30 hours an employee
			 works, an employer may satisfy its obligations under ORS
			 653.606(1) and
			 these rules by front-loading at least 40 hours of sick time or time off at the
			 beginning of each year used to calculate the accrual and usage of sick time or
			 time off; or, if the employer invokes the "undue hardship" exception of ORS
			 653.621(1)(b)
			 and requires its employees to use sick time in minimum increments of more than
			 1 hour, by front-loading 56 hours of sick time or time off at the beginning of
			 each year used to calculate the accrual and usage of sick time or time off.
(a) "Front-load," except as provided in
			 paragraph (b) of this subsection, means to assign and make available a certain
			 number of hours of sick time to an employee as soon as the employee becomes
			 eligible to use sick time and on the first day of the immediate subsequent
			 year, without regard to an accrual rate.
(b) For employees employed by an employer for
			 less than a full year, "front-load" means to assign and make available to an
			 employee as soon as the employee becomes eligible to use sick time a number of
			 hours of sick time that is the pro rata percentage of the hours to which the
			 employee would be entitled for an entire year based on the number of hours the
			 employee was actually employed by the employer for the year. For example, if an
			 employer uses the calendar year to calculate usage of sick time or time off,
			 and, on January 1 of each year, regularly front-loads 40 hours of sick time or
			 time off for employees regularly scheduled to work 40 hours per week or more,
			 then the employer, as soon as the employee becomes eligible to use sick time,
			 would front-load 20 hours of sick time or time off to an employee whose first
			 day of employment is July 1 and who is regularly scheduled to work 40 hours per
			 week.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 7 - OREGON SICK TIME › Section 839-007-0010 - Determining the Number of Sick Time Hours Accrued for Employees for Whom Recording Hours Worked is not Required

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 7 - OREGON SICK TIME › Section 839-007-0012 - Employees with Both Unpaid and Paid Sick Time

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth: OL Ch. 537, 2015
Stats. Implemented: OL Ch. 537,
				  2015
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 7 - OREGON SICK TIME › Section 839-007-0015 - Calculating the Number of Employees Employed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in ORS
			 653.606(2) and
			 this rule, "employee" does not include an individual or the parent, spouse or
			 child of an individual who is:
(a) A director
			 of a corporation who has a substantial ownership interest in the
			 corporation;
(b) A member of a
			 limited liability company who has:
(A) A right
			 to vote on or consent to any matter submitted to a vote or requiring the
			 consent of the members of the limited liability company; and
(B) A substantial ownership interest in the
			 limited liability company;
(c) A partner of a limited liability
			 partnership who has a substantial ownership interest in the limited liability
			 partnership; or
(d) A sole
			 proprietor of a business.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 7 - OREGON SICK TIME › Section 839-007-0020 - Permissible Use of Sick Time

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				653.616 and these rules an
				employee may use sick time for any of the following:
(1) For an employee's mental or physical
			 illness, injury or health condition; need for medical diagnosis, care or
			 treatment of a mental or physical illness, injury or health condition; or need
			 for preventive medical care.
(2)
			 For care of a family member with a mental or physical illness, injury or health
			 condition; care of a family member who needs medical diagnosis, care, or
			 treatment of a mental or physical illness, injury or health condition; or care
			 of a family member who needs preventive medical care.
(3) For the following purposes under ORS
			 659A.159 to
			 659A.186:
(a) For bereavement leave, child placement
			 leave or pregnancy disability leave, as those terms are described in OAR
			 839-009-0230.
(b) To care for a child of the employee who
			 is suffering from an illness, injury or condition that requires home care or
			 who requires home care due to the closure of the child's school or child care
			 provider as a result of a public health emergency.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 7 - OREGON SICK TIME › Section 839-007-0025 - Increments of Sick Time to Be Taken by Employee

Current through Register Vol. 63, No. 7, July 1, 2024
(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)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 7 - OREGON SICK TIME › Section 839-007-0030 - Payment of Sick Time

Current through Register Vol. 63, No. 7, July 1, 2024
(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)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 7 - OREGON SICK TIME › Section 839-007-0033 - Sick Time on Public Works Projects

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to OAR
				839-007-0000 through OAR
				839-007-0120, the following
				applies to employees performing work on public works projects subject to ORS
				279C.800-ORS
				279C.870:
(1) An employer may not reduce an employee's
			 benefits, including but not limited to health care benefits and/or fringe
			 benefits as defined in OAR 839-025-004(9), because the employee uses accrued
			 sick time to which the employee is entitled pursuant to ORS
			 653.601 to
			 653.661 and these
			 rules.
(2) "Regular rate of pay"
			 means the prevailing wage rate as defined in ORS
			 279C.800(4)
			 that an employee earns for the workweek in which the employee uses paid sick
			 time and which is no less than the applicable prevailing wage rate on a public
			 works project. An employer must apply a consistent methodology when calculating
			 the regular rates of pay to similarly situated employees. 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 would have earned for the period of time in which sick time is
			 used.
(b) Where a worker performs
			 work in one or more classifications which provide for one or more hourly rates
			 of pay, the regular rate of pay means the wages the employee would have been
			 paid for the period of time in which sick time is used.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 7 - OREGON SICK TIME › Section 839-007-0035 - Sick Time for Shifts of Indeterminate Length or On-Call Shifts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an employee
			 uses sick time for a shift of indeterminate length (for example, a shift that
			 is defined by business needs rather than a specified number of hours), the
			 employer may determine the amount of sick time used by the employee based on
			 the number of hours worked by a replacement employee in the same shift or a
			 similarly situated employee who works the same shift or who has worked a
			 similar shift in the past.
(2)
			 On-call employees are entitled to use sick time for hours they have been
			 scheduled to work. Being "scheduled to work" does not include shifts for which
			 an employee has been asked to be available or on-call, unless the employee is
			 working while on-call as defined in OAR
			 839-020-0041(3).
			 If, by agreement with the employer, an on-call employee is to be paid for a
			 scheduled shift regardless of whether the employee actually works the shift,
			 the employer must provide sick time.
Stat. Auth: OL Ch. 537, 2015
Stats. Implemented: OL Ch. 537,
				  2015
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 7 - OREGON SICK TIME › Section 839-007-0040 - Employee Notice Policy and Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employer may require an employee to
			 comply with the employer's usual and customary written notice and procedure
			 requirements for foreseeable absences for requesting time off if those
			 requirements do not interfere with the ability of the employee to use sick
			 time. Such requirements may include notice by a reasonable time and by
			 reasonable means including but not limited to calling a designated telephone
			 number, applying a uniform call-in procedure or by using another means of
			 communication accessible to the employee.
(2) If the reason for sick time is a
			 foreseeable absence, such as a pre-scheduled medical appointment, the employer
			 may require employees to provide advance notice of their intention to use sick
			 time, not to exceed 10 calendar days prior to the date the sick time is to
			 begin or as soon as practicable, but in no case may an employee be required to
			 provide such notice more than 10 calendar days prior to the date sick time is
			 to begin.
(3) When an employee uses
			 sick time for a foreseeable absence, the employee shall make a reasonable
			 effort to schedule the sick time in a manner that does not unduly disrupt the
			 operations of the employer. For example, the employee should make a reasonable
			 attempt not to schedule medical appointments during peak business hours, when
			 work is time-sensitive or when mandatory meetings are scheduled.
(4) The employee shall inform the employer of
			 any change in the expected duration of the sick time as soon as is practicable.
(5) If the reason for sick time is
			 unforeseeable, such as an emergency, accident, or sudden illness, the employee
			 shall provide notice before the start of the employee's shift or, when
			 circumstances prevent the employee from providing notice before the start of
			 the employee's shift, as soon as is practicable. In all cases, whether and when
			 an employee can practicably provide notice depends upon the individual facts
			 and circumstances of the situation.
(6) An employer may discipline an employee
			 for violating workplace policies and procedures if the employee fails to
			 provide notice as required by these rules or if the employee fails to make a
			 reasonable effort to schedule leave in a manner that does not unduly disrupt
			 the operations of the employer as provided in section (3) of this rule. The
			 employer may not discipline the employee for use of sick time.
Stat. Auth: OL Ch. 537, 2015
Stats. Implemented: OL Ch. 537,
				  2015
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 7 - OREGON SICK TIME › Section 839-007-0045 - Verification and Certification for Sick Time Use

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an
			 employee uses sick time for more than three consecutive scheduled workdays:
(a) For a purpose provided in ORS
			 653.616(1) or
			 (2) or ORS
			 659A.159(1)(a)
			 or 659A.162 the employer may
			 require the employee to provide verification within 15 calendar days from a
			 health care provider of the need for the sick time.
(b) For purposes of ORS
			 653.616(4) for
			 use of sick time for a purpose specified in ORS
			 659A.272 relating to domestic
			 violence, harassment, sexual assault, bias or stalking, the employer may
			 require the employee to provide certification of the need for leave as provided
			 in ORS 659A.280.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 7 - OREGON SICK TIME › Section 839-007-0050 - Required Employer Notices

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Employers are required to provide to each employee:
(a) Written notification at least quarterly
			 of the amount of accrued and unused sick time available for use by the
			 employee. Inclusion of this information on the statement required under ORS
			 652.610 meets the requirements
			 of this subsection. If an employee has not worked during the previous quarter,
			 the employer is not required to provide a quarterly notice.
(b) Written notice of the requirements of ORS
			 653.601 to
			 653.661 and these
			 rules.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 7 - OREGON SICK TIME › Section 839-007-0055 - Substantial Equivalency

Current through Register Vol. 63, No. 7, July 1, 2024
An employer's own sick leave, paid vacation, paid personal time
				off, or other paid time off policy is substantially equivalent to sick time
				required under ORS 653.601 to
				653.661 when such a policy
				provides for at least the same number of sick time hours an employee would earn
				under ORS 653.606 and complies with all
				other minimum requirements as listed in ORS
				653.601 to
				653.661. These requirements
				include but are not limited to provisions related to when employees can use
				sick time; the rate of accrual; the regular rate of pay; qualifying absences;
				conditions of notice and documentation; and employment
				protections.
Statutory/Other Authority: ORS
				  653.601-653.661 & ORS 651
Statutes/Other Implemented: ORS
				  653.601-653.661 & OL Ch. 520
				  (2017)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 7 - OREGON SICK TIME › Section 839-007-0060

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  653.601-653.661 & ORS 651
Statutes/Other Implemented: ORS
				  653.601-653.661 & OL Ch. 520 (2017)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 7 - OREGON SICK TIME › Section 839-007-0065 - Unlawful Employment Practice

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 It is an unlawful employment practice for an employer or any other person to
			 deny, interfere with, restrain or fail to pay for sick time to which an
			 employee is entitled.
(2) It is an
			 unlawful employment practice for an employer or any other person to retaliate
			 or in any way discriminate against an employee because the employee has:
(a) Inquired about the provisions of ORS
			 653.601 to
			 653.661;
(b) Submitted a request for sick
			 time;
(c) Taken sick
			 time;
(d) Participated in any
			 manner in an investigation, proceeding or hearing related to ORS
			 653.601 to
			 653.661; or
(e) Invoked any provision of ORS
			 653.601 to
			 653.661.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 7 - OREGON SICK TIME › Section 839-007-0100 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commissioner of the Bureau of Labor and Industries may assess a civil penalty
			 for any of the following willful violations of ORS
			 653.601 to
			 653.661 and these rules:
(a) Failure to permit any employee to make
			 use of accrued sick time;
(b)
			 Failure to pay any employee the full amount of paid sick time when the employee
			 uses accrued sick time;
(c) Failure
			 to provide written notice of the sick time requirements to any
			 employee;
(d) Failure to provide
			 written notification at least quarterly to each employee of the amount of
			 accrued and unused sick time available for use by the employee; or,
(e) Reducing benefits for which an employee
			 is eligible because the employee has used accrued sick time.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 7 - OREGON SICK TIME › Section 839-007-0120 - Criteria for Determining a Civil Penalty for Violation of OL Ch. 537, 2015

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commissioner of the Bureau of Labor and Industries may consider the following
			 mitigating and aggravating circumstances when determining the amount of any
			 civil penalty to be assessed and cite those the commissioner finds to be
			 appropriate:
(a) The history of the employer
			 in taking all necessary measures to prevent or correct violations of statutes
			 or rules;
(b) Prior violations, if
			 any, of statutes or rules;
(c) The
			 magnitude and seriousness of the violation;
(d) Whether the employer knew or should have
			 known of the violation;
(e) The
			 opportunity and degree of difficulty to comply;
(f) Whether the employer's action or inaction
			 has resulted in the loss of a substantive right of an employee.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 8 - PAY EQUITY › Section 839-008-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS
				652.210 to
				652.235 and these rules:
(1) Benefits" means:
(a) The rate of contribution, beyond what is
			 required by federal, state or local law, that an employer makes irrevocably to
			 a trustee or to a third person under a plan, fund or program including, but not
			 limited to, those described under subsection (b) of this section; or
(b) The rate of costs to the employer in
			 providing benefits to an employee, beyond what is required by federal, state or
			 local law, pursuant to an enforceable commitment to carry out a financially
			 responsible plan or program which is committed to the employee affected,
			 including, but not limited to, the following:
(A) Medical or hospital care;
(B) Pensions on retirement or
			 death;
(C) Compensation for
			 injuries or illness resulting from occupational activity;
(D) Insurance to provide any of the benefits
			 provided in paragraphs (A) through (C) of this subsection;
(E) Unemployment benefits;
(F) Life insurance;
(G) Disability insurance;
(H) Sick leave pay;
(I) Accident insurance;
(J) Vacation or holiday pay; or
(K) Defraying costs of other bona fide fringe
			 benefits. Other bona fide fringe benefits do not include reimbursement to
			 workers for meals, lodging or other travel expenses.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 8 - PAY EQUITY › Section 839-008-0005 - Seeking and Screening Job Applicants Based on Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 659A.357, it is an unlawful
			 practice under ORS chapter 659A for an employer or prospective employer to seek
			 the salary history of an applicant or employee from the applicant or employee
			 or a current or former employer of the applicant or employee.
(2) Pursuant to ORS
			 652.220(1)(c),
			 it is an unlawful employment practice under ORS chapter 659A for an employer to
			 screen job applicants based on current or past compensation. As used in ORS
			 652.220(1)(c)
			 and these rules, "to screen job applicants based on current or past
			 compensation" includes using information, however obtained, about a job
			 applicant's current or past compensation to determine a job applicant's
			 suitability or eligibility for employment.
(3) The unsolicited disclosure of a job
			 applicant's current or past compensation by a job applicant, employee or a
			 current or former employer of the applicant or employee that is not considered
			 by an employer does not constitute a violation of ORS
			 659A.357 or ORS
			 652.220(1)(c).
(4) Pursuant to ORS
			 652.220(1)(d),
			 it is an unlawful employment practice under ORS chapter 659A for an employer to
			 determine compensation for a position based on the current or past compensation
			 of a prospective employee.
(5)
			 Sections (1) and (2) of this rule are not intended to prevent an employer from
			 requesting from a prospective employee written authorization to confirm prior
			 compensation after the employer makes an offer of employment to the prospective
			 employee that includes an amount of compensation.
Statutory/Other Authority: ORS
				  659A.805
Statutes/Other Implemented: ORS
				  652.220, ORS
				  659A.357
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 8 - PAY EQUITY › Section 839-008-0010 - Work of Comparable Character

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 As used in ORS 652.210 to ORS
			 652.235 and these rules, "work
			 of comparable character" includes substantially similar knowledge, skill,
			 effort, responsibility and working conditions as defined or described as
			 follows, with no single factor being determinative:
(a) Knowledge considerations may include, but
			 are not limited to, the following:
(A)
			 Certifications, licenses and certificates;
(B) Education;
(C) Experience; or
(D) Training.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 8 - PAY EQUITY › Section 839-008-0015 - Bona Fide Factors that May Be Considered in Paying Employees Performing Work of Comparable Character at Different Compensation Levels

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 652.220(2),
			 employees may receive different levels of compensation for work of comparable
			 character if the entire compensation differential is based on one or more bona
			 fide factors related to the position in question. The bona fide factors that
			 may be considered in determining the compensation differential between
			 individuals are as follows:
(a) A seniority
			 system that recognizes and compensates employees based on length of service
			 with the employer. A seniority system utilized by an employer may be considered
			 as a bona fide factor by the employer's successor in interest, as defined by
			 OAR 839-005-0014;
(b) A merit system that provides for
			 variations in pay based upon employee performance as measured through
			 job-related criteria, for example, a written performance evaluation plan or
			 policy that measures employee performance using a set numerical or other
			 established rating scale, such as from "unsatisfactory" to "exceeds
			 expectations," and takes employees' ratings into account in determining
			 employee pay rates;
(c) A system
			 that measures earnings by quantity or quality of production, including piece
			 rate work;
(d) Notwithstanding any
			 other applicable federal, state or local laws, workplace location
			 considerations may include, but are not limited to, the following:
(A) Cost of living;
(B) Desirability of worksite location;
(C) Access to worksite
			 location;
(D) Minimum wage zones;
			 or
(E) Wage and hour zones.
(e) Necessary and
			 regular travel;
(f) Education
			 considerations may include, but are not limited to, substantive knowledge
			 acquired through relevant coursework, as well as any completed certificate or
			 degree program;
(g) Training
			 considerations may include, but are not limited to, on-the-job training
			 acquired in current or past positions as well as training acquired through a
			 formal training program;
(h)
			 Experience considerations include, but are not limited to, any relevant
			 experience that may be applied to the particular job; or
(i) Any combination of the factors described
			 in subsections (a)-(h) of this section, if the combination of those factors
			 accounts for the entire compensation differential.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 8 - PAY EQUITY › Section 839-008-0020 - Determining Benefits as Part of Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of ORS
				652.210 to
				652.235 and these rules, an
				employer may provide different benefits as part of compensation to employees
				performing work of comparable character if:
(1) The same benefit options are offered to
			 all employees performing work of comparable character. For example, an employer
			 may provide and pay for a more expensive health care policy that covers an
			 employee and the employee's spouse and dependent children, as compared to
			 another employee performing work of comparable character that does not have a
			 spouse or dependent children, so long as both employees are provided the same
			 health care options. For another example, an employer may offer an array of
			 benefit options to employees performing work of comparable character to select
			 from, with or without cost caps, so long as each employee performing work of
			 comparable character is offered the same options.
(2) The cost of a bona fide benefit offered
			 by an employer, but declined by an employee, may be considered as part of the
			 total amount of compensation paid to the employee. For example, if an employee
			 chooses not to take advantage of a health insurance policy offered by an
			 employer because the employee is covered under their spouse's plan, the cost of
			 providing the benefit that would have been incurred by the employer to provide
			 the employee with the benefit offered may be included as part of the employee's
			 total compensation rate for purposes of calculating the employee's total
			 compensation under this law.
Statutory/Other Authority: ORS
				  659A.805
Statutes/Other Implemented: ORS
				  652.210-.235
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 8 - PAY EQUITY › Section 839-008-0025 - Reductions in Employee Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 652.220(4), an
			 employer may not reduce the compensation level of an employee to comply with
			 the provisions of ORS
			 652.210 to
			 652.235 and these
			 rules.
(2) Red circling, freezing
			 or otherwise holding an employee's compensation constant as other employees
			 come into alignment are not considered reductions in the compensation level for
			 the employee whose compensation is being held constant.
Statutory/Other Authority: ORS
				  659A.805
Statutes/Other Implemented: ORS
				  652.210-.235
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 8 - PAY EQUITY › Section 839-008-0030 - Required Posting and Notice Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Bureau of Labor and Industries shall
			 make available to employers a template that meets the required notice
			 provisions of ORS 652.220(7).
(2) Employers shall display the poster in
			 every establishment where employees work. If displaying the poster is not
			 feasible, an employer may comply with the requirement to provide written notice
			 as required in ORS 652.220 by any of the following:
(a) Distributing the written notice to each
			 employee personally by regular mail or email, or by including it with a
			 paycheck;
(b) Incorporating the
			 written notice into a handbook or manual made available to employees, whether
			 in a print or electronic format; or
(c) Posting the written notice in a
			 conspicuous and accessible location in each workplace of the employer or via
			 electronic format that is reasonably conspicuous and accessible.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 8 - PAY EQUITY › Section 839-008-0035 - Individual Acts of Remuneration as Distinct Violations

Current through Register Vol. 63, No. 7, July 1, 2024
An employer commits an unlawful compensation practice each time
				an employee is remunerated in violation of ORS
				652.220.
Statutory/Other Authority: ORS
				  659A.805
Statutes/Other Implemented:ORS
				  652.220, ORS
				  659A.875
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0210 - OFLA: Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this Division 9:
(1) "Alternate duty" means work assigned to
			 an employee that may consist of:
(a) The
			 employee's same duties worked on a different schedule; or
(b) Different duties worked on the same or
			 different schedule.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0215 - OFLA: Leave Previously Protected by OFLA

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in this
			 rule, "leave previously protected by OFLA" means leave:
(a) To which an eligible employee would be
			 entitled under ORS 659A.150 to
			 659A.186 on June 30, 2024;
			 and
(b) To which an eligible
			 employee would not be entitled under ORS
			 659A.150 to
			 659A.186, on July 1,
			 2024.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0220 - OFLA: Relationship to Other Laws

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Leave taken
			 under FMLA counts as OFLA leave provided the employee is also eligible for OFLA
			 leave.
(2) Provisions of OFLA will
			 be construed to the extent possible in a manner that is consistent with any
			 similar provisions of FMLA; however, employers subject to both OFLA and FMLA
			 must apply in a given leave situation the provision that is more beneficial to
			 the employee's circumstances.
(3)
			 An employer may not impair, by agreement or otherwise, the right of an employee
			 on OFLA leave to utilize sick leave under the provisions of ORS
			 653.601 to
			 653.661.
(4) The provisions of ORS
			 657B.060 and
			 657B.070 apply during periods of
			 time that include but are not limited to the application period described in
			 OAR 471-070-1100.
(5) A decision by the Director of the
			 Employment Department, or a decision under an equivalent plan described in ORS
			 657B.210 to
			 657B.260, to deny family or
			 medical leave under ORS chapter 657B is not a defense to the unlawful practice
			 described in ORS 659A.183. A covered employer has
			 an independent obligation to determine whether to deny or grant OFLA leave in
			 accordance with ORS 659A.150 to
			 659A.186 and these
			 rules.
Statutory/Other Authority: ORS
				  651.060 & ORS
				  659A.805
Statutes/Other Implemented: ORS
				  659A.805 & ORS
				  659A.150 -
				  659A.186
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0230 - OFLA: Purposes for Taking Leave

Current through Register Vol. 63, No. 7, July 1, 2024
Eligible employees may take OFLA leave for the purposes
				referred to as child placement leave, pregnancy disability leave, sick child
				leave, and bereavement leave.
(1)
			 Child placement leave is leave taken under OFLA before January 1, 2025, to
			 effectuate the legal process required for placement of a foster child or the
			 adoption of a child.
(2) Pregnancy
			 disability leave is leave taken by an employee for their own disability related
			 to pregnancy, including pregnancy termination or childbirth, whether the
			 disability occurs before, during or after the birth of the child, or for
			 prenatal care, including fertility or infertility treatment.
(3) Sick child leave is leave taken to care
			 for an employee's child suffering from an illness, injury, or condition that
			 requires home care.
(a) Sick child leave
			 includes leave to care for an employee's child whose school or child care
			 provider has been closed in conjunction with a statewide public health
			 emergency declared by a public health official.
(b) An employer is not required to grant OFLA
			 leave for routine medical or dental appointments.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0235 - OFLA: Leave Year

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this Division 9, "OFLA
			 leave year" has the meaning given the phrase "one-year period" in ORS
			 659A.164.
(2) If a covered employer transitions from
			 any other leave year applicable to OFLA to an OFLA leave year, all eligible
			 employees of the covered employer must be provided with the full benefit of
			 leave entitlement described in ORS
			 659A.150 to
			 659A.186 at the beginning of the
			 new OFLA leave year.
Statutory/Other Authority: ORS
				  651.060, ORS
				  659A.164 & ORS
				  659A.805
Statutes/Other Implemented: ORS
				  659A.164
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0240 - OFLA: Length of Leave and Other Conditions of OFLA Leave

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) An
			 eligible employee is entitled to up to a total of 12 weeks of OFLA leave, for
			 sick child leave and bereavement leave, within an OFLA leave year.
(b) Notwithstanding subsection (a) of this
			 section, an eligible employee is entitled to a total of two weeks of
			 bereavement leave upon the death of each family member of the employee within
			 an OFLA leave year, except that the eligible employee may not take more than
			 four weeks of bereavement leave within an OFLA leave year.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0245 - OFLA: Intermittent Leave and Alternate Duty

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 employer may transfer an employee on intermittent OFLA leave or a reduced work
			 schedule into an alternate position with the same or different duties to
			 accommodate the leave, provided the following exist:
(a) The employee accepts the transfer
			 position voluntarily and without coercion;
(b) The transfer is temporary, lasts no
			 longer than necessary to accommodate the leave and has equivalent pay and
			 benefits;
(c) The transfer is
			 compliant with applicable collective bargaining agreements, as well as with
			 state and federal law, including ORS
			 659A.146 and
			 659A.147 and all the employee
			 protections found in FMLA regulations 29 CFR Part 825 ;
(d) Transfer to an alternate position is used
			 only when there is no other reasonable option available that would allow the
			 employee to use intermittent leave or reduced work schedule; and
(e) The transfer is not used to discourage
			 the employee from taking intermittent or reduced work schedule leave, or to
			 create a hardship for the employee.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0260 - OFLA: Medical Verification and Scheduling of Treatment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employer may require an employee to
			 provide medical verification of the need for OFLA leave, except that:
(a) An employer may not require medical
			 verification for child placement leave, for bereavement leave or for the need
			 for sick child leave due to the closure of a child's school or child care
			 provider as a result of a public health emergency.
(b) Unless the employee is taking sick leave
			 under ORS 653.601 to
			 653.661 concurrently with OFLA
			 leave, an employer may request medical verification for sick child leave only
			 after the employee has taken sick child leave on all or any part of three
			 separate days during a leave year for a purpose other than to care for a child
			 who requires home care due to the closure of the child's school or child care
			 provider as the result of a public health emergency The opinion of the health
			 care provider is binding, and the employer may not require the employee to
			 obtain a second opinion.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 9 - EMPLOYEE LEAVE LAWS › Section 839-009-0265 - OFLA: Medical Verification in Languages Other than English

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In circumstances in which an employee or
			 family member needs to obtain medical verification in a foreign country, the
			 employer shall accept a medical verification from a health care provider who
			 practices in that country.
(2) When
			 a medical verification by a health care provider is in a language other than
			 English, the employer may request that the employee provide a written
			 translation of the verification.
(a) The
			 employee's request for OFLA leave may not be denied on the basis of failure of
			 a good faith effort to obtain translation of a medical verification.
(b) The employer may not deny the employee
			 access to translation resources available to the employer (for instance,
			 bilingual personnel or computer programs).
(c) The employer must request the translation
			 as soon as is practicable upon learning that an employee's circumstances may
			 result in a medical verification being issued in a language other than
			 English.