Oregon Administrative Code

839-019-0100 Exemptions The provisions of OAR 839-019-0000 to 839-019-0025 do not apply when minors are employed under the following circumstances: (1) The minor is employed by the parent of the minor; (2) The minor is employed by a person standing in the place of the parent of t…

839-020-0000 Notice of Proposed Rule Prior to the adoption, amendment, or repeal of any rule relating to minimum wages, overtime and working conditions matters, the Bureau of Labor and Industries will give notice of the proposed adoption, amendment, or repeal as required in OAR 8…

839-020-0004 Definitions Generally As used in ORS 653.010 to 653.261 and these rules, unless the context requires otherwise: (1) “Acute care in hospital settings” means care provided in an acute inpatient care facility. (2) “Acute inpatient care facility” has the meaning given th…

839-020-0005 Employees Engaged in Administrative, Executive, Professional, or Outside Sales Work, Defining the Terms As used in ORS 653.010 to 653.261 and in these rules, unless the context requires otherwise: (1) "Executive Employee" means any employee: (a) Whose primary duty co…

839-020-0010 Payment of Minimum Wages — Generally (1) Unless exempt under ORS 653.020, an employer is required to pay each employee it employs in the state no less than the minimum rate(s) of wage for the applicable region(s) as specified in ORS 653.025 and OAR 839-020-0011 for e…

839-020-0011 Determination of Applicable Region and Minimum Wage Rate to be Paid for Work Performed by Employees The applicable region and minimum wage rate to be paid to employees pursuant ORS 653.025 and OAR 839-020-0010 shall be determined as follows: (1) Work performed at a p…

839-020-0012 Wage Statements to Be Provided to Employees (1) Except for employees who are otherwise specifically exempt under ORS 653.020, employers must furnish each employee, each time the employee receives a compensation payment from the employer, a written itemized statement …

839-020-0013 Bonuses Provided to Workers in Agriculture (1) Every producer, or agent of the producer, who employs a labor contractor to provide a working crew for harvesting perishable agricultural products or who offers a bonus to those persons who harvest perishable agricultura…

839-020-0015 Fixed Minimum Hourly Wage Rates Lower than the Minimum Wage Rate (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 …

839-020-0020 Deductions from the Minimum Wage — Generally 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 w…

839-020-0025 Deductions for Meals, Lodging, Facilities or Other Services (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 emplo…

839-020-0027 Deductions for Garnishment Processing Fee (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 …

839-020-0030 Payment of Overtime Wages — Generally (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 with…

839-020-0040 Hours Worked — Generally (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 re…

839-020-0041 Waiting Time (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 emplo…

839-020-0042 Sleeping Time and Certain Other Activities 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 dut…

839-020-0043 Preparatory and Concluding Activities (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 b…

839-020-0044 Lectures, Meetings and Training Programs (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) Att…

839-020-0045 Travel Time (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 …

839-020-0046 Adjusting Grievances, Medical Attention, Civic and Charitable Work and Suggestion Systems (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 fid…

839-020-0047 Application of OAR 839-020-0040 to 839-020-0047 to Agricultural Employees 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. Statutory/Other Authority: ORS…

839-020-0050 Meal and Rest Periods (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 pe…

839-020-0051 Rest Periods for Expression of Milk (1) ORS 653.077 requires employers to provide reasonable rest periods to accommodate an employee who needs to express milk for the employee's child 18 months of age or younger. (a) If feasible, the employee will take the rest perio…

839-020-0052 Leave for Domestic Workers (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 f…

839-020-0060 Weight Lifting No employee shall be required to lift excessive weights. Statutory/Other Authority: ORS 653 Statutes/Other Implemented: ORS 653.261(1) History: BL 1-1987, f. & ef. 1-12-87

839-020-0065 Other Working Conditions (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…

839-020-0070 Homework — Generally (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 regul…

839-020-0080 General Recordkeeping Requirements (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 …

839-020-0082 Special Recordkeeping Circumstances (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…

839-020-0083 Records Availability (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 …

839-020-0085 Posting Requirements 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 employ…

839-020-0087 Earned Income Tax Credit Notice to Employees (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 …

839-020-0115 Relationship of State and Federal Law (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…

839-020-0125 Overtime Exemptions Pertaining to Employers Regulated Under the Federal Fair Labor Standards Act (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, 198…

839-020-0130 Overtime Exemption for Public Employees (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 circumstan…

839-020-0150 Exemptions from Minimum Wage and Overtime (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 ho…

839-020-0200 Authority of Labor Commissioner to Define Terms Relating to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities ORS 653.269(3) requires the Labor Commissioner to define certain terms relating to persons employed by a public employer …

839-020-0210 Exemptions from Overtime Relating to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities — Generally (1) OAR 839-020-0200 to 839-020-0270 are adopted pursuant to ORS 653.269(3). The rules define certain public employees and activitie…

839-020-0220 Definitions for Regulations Pertaining to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities 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 protect…

839-020-0230 Limitation on Nonexempt Work (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 enfo…

839-020-0240 Public Agency Employees Engaged in Both Fire Protection and Law Enforcement Activities Some public agencies have employees (often called “public safety officers") who engage in both fire protection and law enforcement activities, depending on the agency needs at the …

839-020-0250 Effect of Training Time The attendance at a bona fide fire or police academy or other training facility, when required by the employing agency, constitutes engagement in activities under ORS 653.269(3) only when the employee meets all the applicable tests described i…

839-020-0260 Application of ORS 653.269(3) to Ambulance and Rescue Service Employees (1) Ambulance and rescue service employees of a public agency other than a fire protection or law enforcement agency may be treated as employees engaged in fire protection or law enforcement acti…

839-020-0270 Other Overtime Exemptions May Apply to Public Employees Engaged in Fire Protection and Law Enforcement Activities Although ORS 653.269(3) provides special exemptions for employees of public agencies engaged in fire protection and law enforcement activities, such work…

839-020-0300 Authority of Labor Commissioner to Define Terms Relating to Executive, Administrative, Supervisory and Professional Employees of a Public Agency ORS 653.269(5)(a) requires the Labor Commissioner to define certain terms relating to executive, administrative, superviso…

839-020-0310 Application of OAR 839-020-0300 to 839-020-0350 (1) OAR 839-020-0300 to 839-020-0350 are adopted pursuant to ORS 653.269(5)(a). The rules define the nature of executive, administrative, supervisory and professional employment for purposes of the overtime pay exemptio…

839-020-0320 Definitions for Exemptions Relating to Executive, Administrative, Supervisory and Professional Employees of a Public Agency As used in ORS 653.268 to 653.269, unless the context requires otherwise: (1) Employees exempted from overtime because of the executive nature …

839-020-0330 Exception to Salary or Fee Basis (1) An employee who otherwise meets the requirements of OAR 839-020-0310 must not be disqualified from exemption under ORS 653.269(5)(a) on the basis that such employee is paid according to a pay system established by statute, ordinan…

839-020-0350 Computer Professionals Employees exempt from overtime because of the professional nature of their employment includes employees who are computer systems analysts, computer programmers, software engineers, or other similarly skilled workers, whose primary duties consi…

839-020-0400 Definitions for Maximum Hours of Work in Canneries, Driers and Packing Plants As used in OL Ch. 685 (2017), ORS 653.265 and OAR 839-020-0400 to 839-020-0420, unless the context requires otherwise: (1) “Administrative duties” means office or non-manual work directly r…