reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0015 - Fixed Minimum Hourly Wage Rates Lower than the Minimum Wage Rate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 653.025 and
			 653.030 the commissioner will
			 consider the employment of specific types of persons or of individual persons
			 themselves at a fixed minimum hourly wage rate lower than the rate required by
			 653.025, when the commissioner has determined that the application of these
			 requirements would substantially curtail employment opportunities for the
			 specific types of persons or individuals involved. The types of persons for
			 whom a lower rate may be set upon a showing of good cause as set out below are
			 limited to student learners as defined in 653.070.
(2) Rules for the employment at less than the
			 minimum wage:
(a) An employer must submit an
			 application for the payment of a fixed minimum hourly wage rate lower than the
			 rate required by ORS 653.025 on a form provided by
			 the commissioner. The application must specifically identify each student
			 learner for whom the employer seeks to establish the lower rate and must state
			 each and every reason why the employer believes a lower rate should be
			 established. Forms may be obtained from the Bureau of Labor and
			 Industries;
(b) The application
			 form must be signed by the employer, the prospective employee and, if the
			 student learner has a legal guardian or other person legally empowered to act
			 for the student learner, the legal guardian or other person;
(c) The commissioner may require additional
			 information from the employer or prospective employee to verify the conditions
			 or reasons specified in the application;
(d) The commissioner will grant the
			 application only when the commissioner has determined that the application of
			 ORS 653.025 would substantially
			 curtail opportunities for employment of the prospective employee named in the
			 application. The application may be granted under such terms and conditions as
			 the commissioner deems appropriate; and
(e) The commissioner will consider each
			 application on an individual basis and will not grant blanket authorization in
			 advance for a specific type or group of persons.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0020 - Deductions - Generally

Current through Register Vol. 63, No. 7, July 1, 2024
Employers may not deduct the cost of any of the following items
				from the minimum wage:
(1)
			 Tools.
(2) Equipment.
(3) Uniforms, including but not limited to,
			 garments such as suits, dresses, aprons, and all other garments whatsoever as
			 worn by the employees as a condition of employment. Such apparel of a similar
			 design, color, or material or forming part of the decorative pattern of the
			 establishment or distinguishing the employee as an employee of the concern is
			 presumed to be worn as a condition of employment.
(4) Laundry or cleaning of
			 uniforms.
(5) Maintenance of tools,
			 equipment or uniforms.
(6) Breakage
			 or loss of tools, equipment or uniforms.
(7) Any other item required by the employer
			 to be worn or used by the employee as a condition of employment.
Stat. Auth.: ORS 653
Stats. Implemented: ORS
				  653.025
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0025 - Deductions for Meals, Lodging, Facilities or Other Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The fair market
			 value of meals, lodging and other facilities or services furnished by the
			 employer to the employee for the private benefit of the employee may be
			 deducted from the minimum wage. The employer has the burden of establishing the
			 fair market value (See also OAR
			 839-020-0004(16)).
(2) "Fair market value" may be
			 established in either of the following ways:
(a) The amount actually and customarily
			 charged for comparable meals, lodging, facilities or services to consumers who
			 are not employees of the employer; or
(b) The actual cost to the employer in
			 purchasing, preparing or providing the meals, lodging or other facilities or
			 services.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0027 - Deductions for Garnishment Processing Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a garnishee that employs a debtor is
			 required to make any payment under a writ of garnishment by reason of wages
			 payable to the debtor, the garnishee may collect a processing fee as provided
			 pursuant to ORS 18.736 for each week of wages,
			 or fraction of a week of wages, for which a payment is made under the
			 provisions of ORS 18.735. The processing fee must
			 be collected after the last payment is made under the writ. The fee shall be
			 withheld from the wages of the debtor, and is in addition to the amounts
			 withheld for payment to the garnishor under the writ or under any other writ
			 delivered to the garnishee.
(2) The
			 fee provided for in this section may not be collected if withholding of the fee
			 would reduce the debtor's net disposable income below the minimum amount
			 prescribed by ORS 18.385.
Stat. Auth.: ORS
				  651.060(4),
				  652, 653 & HB 3544(2003 legislature)
Stats. Implemented: ORS
				  18.838,
				  652.150 &
				  653.261(1)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0030 - Payment of Overtime Wages - Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in OAR
			 839-020-0125 to
			 839-020-0130, all work performed
			 in excess of forty (40) hours per week must be paid for at the rate of not less
			 than one and one-half times the regular rate of pay when computed without
			 benefits of commissions, overrides, spiffs, bonuses, tips or similar benefits
			 pursuant to ORS 653.261(1).
			 Similar benefits include, but are not limited to, discretionary bonuses, gifts,
			 profit sharing, thrift and savings program, trusts, reimbursements for
			 expenses, holiday, or vacation pay.
(2) Definitions:
(a) "Work week" means any seven (7)
			 consecutive twenty four (24) hour period as determined by the employer. The
			 beginning of the work week may be changed if the change is intended to be
			 permanent and is not designed to evade the overtime requirements of this rule.
			 For purposes of overtime computation, each work week stands alone;
(b) "Regular rate", for purposes of overtime
			 computation, means a regular hourly rate, but in no case will the regular
			 hourly rate be less than the applicable statutory minimum wage rate. In the
			 absence of an express agreement between the employer and the employee which
			 specifies the regular hourly rate, the regular hourly rate is determined by
			 dividing the total remuneration for employment in any work week (excluding
			 commissions, spiffs, bonuses, tips or similar benefits, or any compensation an
			 employer is required to pay an employee under ORS
			 653.442 or
			 653.455), by the total number of
			 hours actually worked in that work week for which such remuneration was paid.
			 The division will be guided in the application and calculation of regular rate
			 by Title 29, Code of Federal Regulations, Part 778, Subpart C, D and E except
			 when expressly prohibited by ORS Chapter 653 or these rules.
(c) "Base rate," for purposes of computing
			 overtime for domestic workers, means a regular hourly rate, but in no case will
			 the base rate be less than the greater of any applicable statutory minimum wage
			 rate. In the absence of an express agreement between the employer and the
			 employee which specifies the regular hourly rate, the regular hourly rate is
			 determined by dividing the total remuneration for employment in any work week
			 (excluding commissions, spiffs, bonuses, tips or similar benefits), by the
			 total number of hours actually worked in that work week for which such
			 remuneration was paid. The division will be guided in the application and
			 calculation of base rate by Title 29, Code of Federal Regulations, Part 778,
			 Subpart C, D and E pertaining to regular rate except when expressly prohibited
			 by ORS Chapter 653 or these rules.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0040 - Hours Worked - Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 OAR 839-020-0040 to
			 839-020-0047 deals with hours
			 worked as defined by OAR
			 839-020-0004(19)
			 and discusses principles involved in determining what constitutes working time
			 for purposes of ORS 653.010 to
			 653.261 and these rules.
(2) Work requested or required is
			 considered work time. Work not requested, but suffered or permitted is
			 considered work time.
(3) Work
			 performed for the employer but away from the employer's premises or job site is
			 considered work time. If the employer knows or has reason to believe that work
			 is being performed, the time spent must be counted as hours worked.
(4) It is the duty of the employer to
			 exercise control and see that the work is not performed if it does not want the
			 work to be performed. The mere promulgation of a policy against such work is
			 not enough.
Stat. Auth.: ORS
				  651.060(4)
				  & 653.040
Stats. Implemented: 2013 SB 135, ORS
				  653.010 -
				  653.261
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0041 - Waiting Time

Current through Register Vol. 63, No. 7, July 1, 2024
(1) On duty
			 (engaged to wait): Where waiting is an integral part of the job, i.e., when the
			 time spent waiting belongs to and is controlled by the employer and the
			 employee is unable to use the time effectively for the employee's own purposes,
			 that employee will be considered as engaged to wait. All time spent in activity
			 where an employee is engaged to wait will be considered as part of hours
			 worked.
(2) Off duty (waiting to be
			 engaged): Periods during which an employee is completely relieved from duty and
			 which are long enough to enable the employee to use the time effectively for
			 the employee's own purposes are not hours worked. The employee is not
			 completely relieved from duty and cannot use the time effectively for the
			 employee's own purposes unless the employee is told in advance that the
			 employee may leave the job and that the employee will not have to commence work
			 until a specified hour has arrived. Whether the time is long enough to enable
			 the employee to use the time effectively for the employee's own purposes
			 depends upon all of the facts and circumstances of the case.
(3) On-call time: An employee who is required
			 to remain on-call on the employer's premises or so close thereto that the
			 employee cannot use the time effectively for the employee's own purposes is
			 working while "on-call". An employee who is not required to remain on the
			 employer's premises but is merely required to leave word at the employee's home
			 or with company officials where the employee may be reached is not working
			 while on-call.
Stat. Auth.: ORS 183 & ORS 653
Stats. Implemented: ORS
				  653.010 -- ORS
				  653.261
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0042 - Sleeping Time and Certain Other Activities

Current through Register Vol. 63, No. 7, July 1, 2024
Under certain conditions an employee is considered to be
				working even though some of the employee's time is spent sleeping or in certain
				other activities:
(1) Less than 24
			 hours duty: An employee who is required to be on duty for less than 24 hours is
			 working even though the employee is permitted to sleep or engage in other
			 activities when not busy.
(2) Duty
			 of 24 hours or more: Where an employee is required to be on duty for 24 hours
			 or more, the employer and the employee may agree to exclude bona fide meal
			 periods and a bona fide regularly scheduled sleeping period of not more than
			 eight hours from hours worked, provided adequate sleeping facilities are
			 furnished by the employer and the employee can usually enjoy an uninterrupted
			 sleep period. If sleeping period is of more than eight hours, only eight hours
			 will be credited. Where no expressed or implied agreement to the contrary is
			 present, the eight hours of sleeping time and lunch periods constitute hours
			 worked:
(a) Interruptions of sleep. If the
			 sleeping period is interrupted by a call to duty, the interruption must be
			 counted as hours worked. If the period is interrupted to such an extent that
			 the employee cannot get a reasonable sleep period, the entire period must be
			 counted;
(b) For purposes of this
			 rule a reasonable night's sleep is considered sleep time of not less than five
			 continuous hours.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0043 - Preparatory and Concluding Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Preparatory and concluding activities are
			 considered hours worked if the activities performed by the employee are an
			 integral and indispensable part of a principal activity for which the employee
			 is employed:
(a) Example: A bank teller counts
			 the till and arranges the work space in preparation for receiving customers.
			 This activity is an integral and indispensable part of the principal activity
			 for which the employee is employed and is included as hours worked;
(b) Example: In connection with the operation
			 of a lathe, the lathe operator oils, greases, or cleans the machine or installs
			 a new cutting tool. Such activities are an integral and indispensable part of a
			 principal activity and are included as hours worked;
(c) Example: Agricultural workers must dress
			 in protective clothing and thoroughly clean up after their work with or around
			 pesticides. The time spent in these activities is work time.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0044 - Lectures, Meetings and Training Programs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Attendance at lectures, meetings,
			 training programs and similar activities need not be counted as work time if
			 the following four criteria are met:
(a)
			 Attendance is outside of the employee's regular working hours;
(b) Attendance is voluntary;
(c) The course, lecture, or meeting is not
			 directly related to the employee's job; and
(d) The employee does not perform any
			 productive work during such attendance.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0045 - Travel Time

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Home to work in
			 an ordinary situation: An employee who travels from home before the employee's
			 regular workday and returns home at the end of the workday is engaged in
			 ordinary home to work travel which is a normal incident of employment, whether
			 the employee works at a fixed location or at different job sites. Normal travel
			 from home to work is not work time.
(2) Home to work in an emergency situation:
			 If an employee has left the employer's premises or job site after completing
			 the day's work and is subsequently called out to travel a substantial distance
			 to perform an emergency job, any time spent in excess of time spent in normal
			 home-to-work travel will be considered working time. Call-backs which require
			 only normal home-to-work travel to the employer's place of business or job site
			 will not be considered working time. For purposes of this section, "substantial
			 distance" means a distance beyond a 30-mile radius of the employer's place of
			 business.
(3) Travel that is all in
			 a day's work: Time spent by an employee in travel as part of the employee's
			 principal activity must be counted as hours worked. Where an employee is
			 required to report at a meeting place to receive instructions or to perform
			 other work there or to pick up and carry tools, the travel from the designated
			 place to the work place is part of the day's work and must be counted as hours
			 worked regardless of any contract, custom or practice:
(a) Example: A construction worker who
			 travels from job site to job site during the work day must be compensated for
			 time spent in traveling;
(b)
			 Example: If an employee who normally finishes work on the employer's premises
			 at 5 p.m. is sent to another job at a different site, finishes that job at 8
			 p.m. and is then required to return to the employer's premises arriving at 9
			 p.m., the employee will be compensated for all time up to 9 p.m. However, if
			 the employee goes home instead of returning to the employer's premises, the
			 travel time after 8 p.m. is considered normal work to home travel and is not
			 compensable.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0046 - Adjusting Grievances, Medical Attention, Civic and Charitable Work and Suggestion Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Time spent
			 in adjusting grievances between an employee and employer during the time
			 employees are required to be on the premises is hours worked, but in the event
			 a bona fide union is involved the counting of such time will be left to the
			 process of collective bargaining or to the custom or practice under the
			 collective bargaining agreement.
(2) Time spent by an employee in waiting for
			 and receiving medical attention on the premises or at the direction of the
			 employer during the employee's normal working hours on days when the employee
			 is working constitutes hours worked.
(3) Time spent in work for public or
			 charitable purposes at the employer's request, or under its direction or
			 control, or while the employee is required to be on the premises, is working
			 time. Time spent voluntarily in such activities outside of the employee's
			 normal working hours is not hours worked.
(4) Time spent by employees outside of their
			 regular working hours in developing suggestions under a general suggestion
			 system is not working time, but if employees are permitted to work on
			 suggestions during regular working hours the time spent must be counted as
			 hours worked. When an employee is assigned to work on the development of a
			 suggestion, the time is considered hours worked.
Stat. Auth.: ORS 653
Stats. Implemented: ORS
				  653.010 -- ORS
				  653.261
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0047 - Agricultural Employees

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of OAR
				839-020-0040 to
				839-020-0047 apply to all
				persons employed in Agriculture who are required to be paid minimum wages
				pursuant to ORS 653.025.
Stat. Auth.: ORS 653
Stats. Implemented: ORS
				  653.025
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0050 - Meal and Rest Periods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 purpose of this rule is to prescribe minimum meal periods and rest periods for
			 the preservation of the health of employees.
(2)
(a)
			 Except as otherwise provided in this rule, every employer shall provide to each
			 employee, for each work period of not less than six or more than eight hours, a
			 meal period of not less than 30 continuous minutes during which the employee is
			 relieved of all duties.
(b) Except
			 as otherwise provided in this rule, if an employee is not relieved of all
			 duties for 30 continuous minutes during the meal period, the employer must pay
			 the employee for the entire 30-minute meal period.
(c) An employer is not required to provide a
			 meal period to an employee for a work period of less than six hours. When an
			 employee's work period is more than eight hours, the employer shall provide the
			 employee the number of meal periods listed in Appendix A of this
			 rule.
(d) The timing of the meal
			 period shall be as follows:
(A) If the work
			 period is seven hours or less, the meal period must be taken after the
			 conclusion of the second hour worked and completed prior to the commencement of
			 the fifth hour worked.
(B) If the
			 work period is more than seven hours, the meal period must be taken after the
			 conclusion of the third hour worked and completed prior to the commencement of
			 the sixth hour worked.
(C)
			 Notwithstanding paragraphs (A) and (B) of this subsection, for employees of an
			 acute inpatient care facility the meal period must be provided in accordance
			 with this paragraph, when applicable. If the work period is more than seven
			 hours, but less than ten hours, the meal period must be taken after the
			 conclusion of the third hour worked and completed prior to the commencement of
			 the sixth hour worked. If the work period is ten hours or more, the meal period
			 must be taken after the conclusion of the third hour worked and completed prior
			 to the conclusion of the ninth hour worked.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0051 - Rest Periods for Expression of Milk

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 653.077 applies to employers who
			 employ 25 or more employees in the State of Oregon for each working day during
			 each of 20 or more calendar workweeks in the year in which the rest periods are
			 to be taken or in the year immediately preceding the year in which the rest
			 periods are to be taken.
(2) ORS
			 653.077 requires a covered
			 employer to provide reasonable rest periods to accommodate an employee who
			 needs to express milk for her child 18 months of age or younger. Any employer
			 not covered by 653.077 and these rules may provide rest periods or other
			 accommodation for expression of milk pursuant to its own policies or by
			 agreement or contract with employees.
(a) A
			 "reasonable rest period," unless otherwise agreed to by the employer and the
			 employee, is no less than 30 minutes during each 4-hour work period, or major
			 part of a 4 hour work period, to be taken by the employee approximately in the
			 middle of each work period.
(A) If feasible,
			 the employee will take the rest periods to express milk at the same time as the
			 rest periods or meal periods that are otherwise provided to the employee. If
			 not feasible, the employee is entitled to take an unpaid rest period of up to
			 30 additional minutes during each 4-hour period to express milk.
(B) If the employer is required by law or
			 contract to provide the employee with paid rest periods, the employer will
			 treat the rest periods used by the employee for expressing milk as paid rest
			 periods, up to the amount of time the employer is required to provide as paid
			 rest periods.
(C) If an employee
			 takes unpaid rest periods, the employer may, but is not required to, allow the
			 employee to work before or after her normal shift to make up the amount of time
			 used during the unpaid rest periods. If the employee does not work to make up
			 the amount of time used during the unpaid rest periods, the employer is not
			 required to compensate the employee for that time.
(D) A covered employer may not require an
			 employee, including an employee who is FLSA exempt, to substitute paid leave
			 time for unpaid rest periods provided in compliance with these rules.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0052 - Leave for Domestic Workers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) An employer who employs a domestic worker
			 shall provide the domestic worker with a rest period of at least 24 consecutive
			 hours in each work week.
(b) A
			 domestic worker may agree to work on the designated day of rest, if all of the
			 following conditions are met:
(A) The
			 domestic worker's agreement is given voluntarily; and,
(B) The agreement is in writing, in a
			 language easily understood by the domestic worker; is made prior to the
			 performance of services on the designated day of rest and specifies the
			 particular day of rest on which the domestic worker agrees to work; and is
			 signed or acknowledged by the domestic worker and the employer.
(c) When a domestic
			 worker works on a designated day of rest, the employer shall pay all hours
			 worked at one and one-half times the employee's base rate regardless of the
			 total number of hours worked in that work week.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0060 - Weight Lifting

Current through Register Vol. 63, No. 7, July 1, 2024
No employee shall be required to lift excessive
				weights.
Stat. Auth.: ORS 653
Stats. Implemented: ORS
				  653.261(1)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0065 - Other Working Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 No employer shall employ or shall suffer or permit any employee to work in the
			 State of Oregon, except under the following conditions:
(a) Where a sanitary and safe work area is
			 provided;
(b) Where adequate
			 lighting is provided;
(c) Where
			 adequate ventilation is provided;
(d) Where adequate washrooms are
			 provided;
(e) Where adequate toilet
			 facilities are provided;
(f) Where
			 the employer is in full compliance with the provisions of ORS Chapter 654 (the
			 Oregon Safe Employment Act) and the rules and regulations promulgated
			 thereunder. For the purposes of this rule, the compliance status of an employer
			 is determined by the Occupational Safety and Health Division of the Department
			 of Insurance and Finance;
(g)
			 Where, if provided, the cot or stretcher to be used in illnesses, accidents, or
			 other emergencies is adequate.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0070 - Homework - Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Homeworkers as defined by OAR
			 839-020-0004(18)
			 will be paid not less than the applicable minimum wage pursuant to ORS
			 653.025 for all hours suffered
			 or permitted to work.
(2)
			 Homeworkers will be paid no less than time and one-half their regular rate of
			 pay for all hours worked in excess of 40 hours in a work week pursuant to OAR
			 839-020-0030.
(3) General record keeping requirements, as
			 provided in these rules, OAR
			 839-020-0080(1) through
			 (3), are applicable to homeworkers.
(4) Employer employing homeworkers
			 are subject to the provisions of OAR
			 839-020-0083 and
			 839-020-0085 concerning record
			 availability and posting requirements.
Stat. Auth.: ORS
				  651.060(4)
				  & 653.040
Stats. Implemented: 2013 SB 135 & ORS
				  653
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0080 - General Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every
			 employer regulated under ORS
			 653.010 to
			 653.261 must maintain and
			 preserve payroll or other records containing the following information and data
			 with respect to each employee to whom the law applies:
(a) Name in full, as used for Social Security
			 recordkeeping purposes, and on the same record, the employee's identifying
			 symbol or number if such is used in place of name on any time, work, or payroll
			 records;
(b) Home address,
			 including zip code;
(c) Date of
			 birth, if under 19;
(d) Occupation
			 in which employed;
(e) Time of day
			 and day of week on which the employee's workweek begins. If the employee is
			 part of a work force or employed in or by an establishment all of whose workers
			 have a workweek beginning at the same time on the same day, a single notation
			 of the time of the day and beginning day of the workweek for the whole work
			 force or establishment will suffice;
(f) Regular hourly rate of pay for any
			 workweek in which overtime compensation is due, and an explanation of the basis
			 of pay by indicating the monetary amount paid on a per hour, per day, per week,
			 per piece, commission on sales, or other basis, and the amount and nature of
			 each payment which, pursuant to ORS
			 653.261(1) is
			 excluded from the "regular rate of pay". (These records may be in the form of
			 vouchers or other payment data.);
(g) Hours worked each workday and total hours
			 worked each workweek (for purposes of this section, a "workday" is any fixed
			 period of 24 consecutive hours and a "workweek" is any fixed and regularly
			 recurring period of seven consecutive workdays);
(h) Total daily or weekly straight-time
			 earnings or wages due for hours worked during the workday or workweek,
			 exclusive of premium overtime compensation;
(i) Total premium pay for overtime hours.
			 This amount excludes the straight-time earnings for overtime hours recorded
			 under subsection (h) of this section;
(j) Total additions to or deductions from
			 wages paid each pay period including employee purchase orders or wage
			 assignments. Also, in individual employee records, the dates, amounts, and
			 nature of the items which make up the total additions and deductions;
(k) Total wages paid each pay
			 period;
(l) Date of payment and
			 the pay period covered by payment.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0082 - Special Recordkeeping Circumstances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition to keeping other records
			 required by these rules, an employer who makes deductions from the wages of
			 employees for lodging, meals or other facilities or services (as these terms
			 are used in ORS 653.035) furnished to them by
			 the employer or by an affiliated person, or who furnishes such lodging, meals,
			 other facilities or services to employees as an addition to wages, must
			 maintain and preserve records substantiating the fair market value of
			 furnishing each class of facility. Separate records of the fair market value of
			 each item furnished to an employee need not be kept. The requirements may be
			 met by keeping combined records of the fair market value in each class of
			 facility, such as housing, fuel, or merchandise furnished through a company
			 store or commissary. Such records must include itemized accounts showing the
			 nature and amount of any expenditures entering into the computation of the fair
			 market value, as defined in these rules.
(2) If additions to or deductions from wages
			 paid so affect the total cash wages due in any workweek (even though the
			 employee actually is paid on other than a workweek basis) as to result in the
			 employee receiving less in cash than the applicable minimum hourly wage, or if
			 the employee works in excess of the applicable maximum hours standard and any
			 addition to the wages paid are a part of wages, or any deductions made are
			 claimed as allowable deductions, the employer must maintain records showing on
			 a workweek basis those additions to or deductions from wages.
Stat. Auth.: ORS 653
Stats. Implemented: ORS
				  653.045
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0083 - Records Availability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 records required to be preserved and maintained by these rules shall be
			 preserved and maintained for a period of at least two years.
(2) All employers shall keep such records in
			 a safe and accessible place.
(3)
			 All records required to be preserved and maintained by these rules shall be
			 made available for inspections and transcription by the Commissioner or duly
			 authorized representative of the Commissioner.
(4) Pursuant to ORS
			 652.750, an employer must keep
			 an employee's time records for not less than two years from the last date of
			 entry and an employee's payroll records for not less than three years from the
			 last date of entry.
Stat. Auth.: ORS 653
Stats. Implemented: ORS
				  653.045
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0085 - Posting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Every employer employing any employees subject to the minimum
				wage provisions shall post and keep posted a notice explaining ORS
				653.010 to
				653.261, as prescribed by the
				Commissioner, in conspicuous places in every establishment where such employees
				are employed so as to permit them to observe readily a copy. Any employer of
				employees to whom OAR
				839-020-0030 does not apply
				because of a total establishment exemption may alter or modify the poster with
				a legible notation to show that the overtime provisions do not apply.
EXAMPLE:
"Overtime Provisions not Applicable to
				Taxicab Drivers (ORS 653.020(6))."
Stat. Auth.: ORS 653
Stats. Implemented: ORS
				  653.050
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0087 - Earned Income Tax Credit Notice to Employees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As required by ORS
			 652.755, every employer must
			 provide notice to each employee about the availability of the state and federal
			 earned income tax credits.
(2) The
			 notice must:
(a) Be in English and in the
			 language the employer typically uses to communicate with the
			 employee;
(b) Be provided
			 contemporaneously with the employee's federal form W-2 by regular or electronic
			 mail, by hand-delivery, or in the same electronic manner that the employer
			 provides the employee's federal form W-2; and
(c) Provide website addresses for the
			 Internal Revenue Service and the Department of Revenue where the employee can
			 find information about the state and federal earned income tax
			 credits.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0115 - Relationship of State and Federal Law

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Bureau of Labor and Industries has
			 been informed and has reason to believe that there exists confusion and
			 uncertainty on the part of employers concerning the inter-relationship of the
			 Federal Fair Labor Standards Act and the regulations adopted pursuant thereto
			 and the State Minimum Wage Law and the administrative rules adopted
			 thereunder.
(2) The purpose of this
			 rule, therefore, is to inform employers of the proper application of the law
			 and to direct them to authoritative sources in cases of doubt.
(3) Employers who are required to comply with
			 the state and federal laws, regulations and rules referred to in section (1) of
			 this rule are required to comply with all standards set by those laws,
			 regulations and rules. When one set of standards differs from the other, the
			 standards most advantageous to employees must be met. For example, when the
			 state minimum wage requires a higher hourly rate to be paid than the federal
			 minimum wage rate, the state rate must be paid. By paying the higher rate, the
			 employer complies with both standards. Another example is when the employer may
			 qualify for an exemption under the state law but not the federal law. In this
			 case, the employer is required to comply with the federal law.
(4) Employers may contact the Employer
			 Assistance Unit of the Bureau of Labor and Industries, for more information on
			 specific fact situations.
(5) The
			 purpose of this rule is stated in section (2) of this rule. The rule should not
			 be interpreted to mean anything other than this stated purpose.
Statutory/Other Authority: ORS
				  651.060 & ORS
				  653.261
Statutes/Other Implemented: ORS
				  653.261
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0125 - Overtime Exemptions Pertaining to Employers Regulated Under the Federal Fair Labor Standards Act

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule applies to employers and employees subject to OAR
			 839-020-0030, Overtime
			 Generally, by virtue of the repeal of ORS
			 653.020(7) by
			 Section 2, Chapter 446, 1989 Oregon Laws.
(2) No employer shall be deemed to have
			 violated OAR 839-020-0030 under the following
			 circumstances:
(a) By employing any employee
			 for a workweek in excess of that specified in OAR
			 839-020-0030 without paying the
			 compensation for overtime employment prescribed therein; provided that, such
			 employee received compensation for employment in excess of 12 hours in any
			 workday, or for employment in excess of 56 hours in any workweek, as the case
			 may be, at a rate not less than one and one-half times the regular rate at
			 which the employee is employed; and, provided further that such employee is so
			 employed as follows:
(A) In pursuance of an
			 agreement, made as a result of collective bargaining by representatives of
			 employees certified as bona fide by the National Labor Relations Board, which
			 provides that no employee shall be employed more than 1,040 hours during any
			 period of 26 consecutive weeks; or
(B) In pursuance of an agreement, made as a
			 result of collective bargaining by representatives of employees certified as
			 bona fide by the National Labor Relations Board which provides that during a
			 specified period of 52 consecutive weeks the employees shall be employed not
			 more than 2,240 hours and shall be guaranteed not less than 1,840 hours (or not
			 less than 46 weeks at the normal number of hours worked per week, but not less
			 than 30 hours per week) and not more than 2,080 hours of employment for which
			 the employee shall receive compensation for all hours guaranteed or worked at
			 rates not less than those applicable under the agreement to the work performed
			 and for all hours in excess of the guaranty which are also in excess of the
			 maximum workweek applicable to such employee under OAR
			 839-020-0030 or 2,080 hours in
			 such period at rates not less than one and one-half times the regular rate at
			 which the employee is employed. (Reference: Sec. 7(b)(1) and Sec. 7(b)(2),
			 FLSA)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0130 - Public Employees

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to the provisions of ORS
			 653.261(3), OAR
			 839-020-0030 does not apply to
			 individuals employed by the State of Oregon or any political subdivision or
			 quasi-municipal corporation thereof under the following circumstances:
(a) When the provisions of any law prescribe
			 rules pertaining to overtime pay; or
(b) When the provisions of a collective
			 bargaining agreement prescribes rules pertaining to overtime pay.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0150 - Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual
			 employed as a resident manager of an adult foster home is not subject to the
			 minimum wage and overtime provisions of ORS
			 653.010 to
			 653.261 so long as the resident
			 manager is domiciled at the adult foster home and is directly responsible for
			 the daily care of the residents residing in the home; and
(a) The resident manager is employed to work
			 in a licensed adult foster home as defined in ORS
			 443.705(4)
			 pursuant to the Adult Foster Homes Licensing Law (ORS
			 443.705 to
			 443.825); or
(b) The resident manager is employed to work
			 in an adult foster home which is exempt from the license, inspection and fee
			 provisions of the Adult Foster Homes Licensing Law (ORS
			 443.705 to
			 443.825) pursuant to ORS
			 443.780.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0200 - Authority

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 653.269(3)
				requires the Labor Commissioner to define certain terms relating to persons
				employed by a public employer in fire protection and law enforcement activities
				(including security personnel in corrections institutions), who are exempt from
				the overtime provisions of ORS
				653.268.
Stat. Auth.: ORS
				  279.342(3)
Stats. Implemented: ORS
				  279.342
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0210 - Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR 839-020-
			 0200 to 839-020-0270 are adopted
			 pursuant to ORS 653.269(3). The
			 rules define certain public employees and activities exempt from the overtime
			 provisions of ORS 653.268.
(2) Employees of a public employer, as
			 defined in ORS 243.650, are exempt from the
			 overtime pay requirements of ORS
			 653.268 when they are employed
			 in:
(a) Fire protection activities;
			 or
(b) Law enforcement activities,
			 including security personnel in correctional institutions.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0220 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS
				653.269 and OAR
				839-020-0200 to
				839-020-0270, unless the context
				requires otherwise:
(1) "Employees
			 employed in fire protection activities" include:
(a) A "firefighter" as that term is defined
			 in ORS 652.050; and
(b) Any employee:
(A) Who is employed by an organized fire
			 department or fire protection district;
(B) Who has been trained to the extent
			 required by state statute or local ordinance;
(C) Who has the legal authority and
			 responsibility to engage in the prevention, control or extinguishment of a fire
			 of any type; and
(D) Who performs
			 activities which are required for, and directly concerned with, the prevention,
			 control or extinguishment of fires, including such incidental non-firefighting
			 functions as housekeeping, equipment maintenance, lecturing, attending
			 community fire drills, and inspecting homes and schools for fire
			 hazards.
(c) Employees
			 as defined in paragraphs (a) and (b) of this subsection, regardless of their
			 status as "trainee," "probationary," or "permanent," or of their particular
			 specialty or job title (e.g., firefighter, engineer, hose or ladder operator,
			 fire specialist, fire inspector, lieutenant, captain, inspector, fire marshal,
			 battalion chief, deputy chief, or chief), and regardless of their assignment to
			 support activities of the type described in section (2) of this rule, whether
			 or not such assignment is for training or familiarization purposes, or for
			 reasons of illness, injury or infirmity;
(d) Rescue and ambulance service personnel if
			 such personnel form an integral part of the public agency's fire protection
			 activities (see OAR 839-020-0260);
(e) Employees who work for forest
			 conservation agencies or other public agencies charged with forest fire
			 fighting responsibilities and who direct or engage in:
(A) Fire spotting or lookout activities;
			 or
(B) Fighting fires on the fire
			 line or from aircraft; or
(C)
			 Operating tank trucks, bulldozers and tractors for the purpose of clearing fire
			 breaks.
(f) Employees as
			 defined in paragraph (e) of this subsection, regardless of their status as full
			 time or part time agency employees or as temporary or casual workers employed
			 for a particular fire or for periods of high fire danger, including those who
			 have had no prior training;
(g) Any
			 employee who actually engages in fire protection activities as defined in this
			 section and in the simultaneous performance of such related functions as
			 housekeeping, equipment maintenance, tower repairs and/or the construction of
			 fire roads.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS › Section 839-020-0230 - Limitation on Nonexempt Work

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Employees engaged in fire protection or law enforcement activities as defined
			 in OAR 839-020-0220 may also engage in
			 some nonexempt work which is not performed as an incident to or in conjunction
			 with their fire protection or law enforcement activities. For example,
			 firefighters who work for forest conservation agencies may, during slack times,
			 plant trees and perform other conservation activities unrelated to their
			 firefighting duties. The performance of such nonexempt work will not defeat the
			 exemption in ORS 653.269(3)
			 unless it exceeds 20 percent of the total hours worked by that employee during
			 the workweek or applicable work period. A person who spends more than 20
			 percent of the person's working time in nonexempt activities is not considered
			 to be an employee engaged in fire protection or law enforcement activities for
			 purposes of OAR 839-020-0200 to
			 839-020-0270.
(2) Public agency fire protection and law
			 enforcement personnel may, at their own option, undertake employment for the
			 same employer on an occasional or sporadic and part-time basis in a different
			 capacity from their regular employment. The performance of such work does not
			 affect the application of the exemption in ORS
			 653.269(3) with
			 respect to the regular employment. In addition, the hours of work in the
			 different capacity need not be counted as hours worked for overtime purposes on
			 the regular job, nor are such hours counted in determining the 20 percent
			 limitation for nonexempt work discussed in subsection (1) of this
			 section.
Stat. Auth.: ORS
				  279.342(3)
Stats. Implemented: ORS
				  279.342