OAR 839-020-0080
General Recordkeeping Requirements


(1)

Every employer regulated under ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.261 (Minimum employment conditions) 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 (Minimum employment conditions)(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.

(2)

Every employer who makes retroactive payment of wages or compensation under the supervision of the U.S. Department of Labor or the Oregon Bureau of Labor and Industries must record and preserve, as an entry on the pay records, the amount of such payment to each employee, the period covered by such payment, and the date of payment.

(3)

With respect to employees working on fixed schedules, an employer may maintain records showing instead of the hours worked each day and each workweek as required by this rule, the schedule of daily and weekly hours the employee normally works, provided:

(a)

In weeks in which an employee adheres to this schedule, indicates by check mark, statement or other method that such hours were in fact actually worked by the employee; and

(b)

In week in which more or less than the scheduled hours are worked, shows that exact number of hours worked each day and each week.

(4)

With respect to each employee in a bona fide executive, administrative, or professional capacity (including employees employed in the capacity of academic administrative personnel or teachers in elementary or secondary schools), or in outside sales, as defined in ORS 653.010 (Definitions for ORS 653.010 to 653.261)(8), employers must maintain and preserve records containing all the information and data required by subsections (1)(a) through (e) of this rule and, in addition, the basis on which wages are paid in sufficient detail to permit calculation for each pay period of the employee’s total remuneration for employment including fringe benefits and perquisites.

(5)

With respect to each employee of hospitals and institutions primarily engaged in the care of persons who are sick or aged or have mental illness or mental retardation and who reside on the premises compensated for overtime work on the basis of a work period of 14 consecutive days pursuant to an agreement or understanding under OAR 839-020-0125 (Overtime Exemptions Pertaining to Employers Regulated Under the Federal Fair Labor Standards Act)(2)(e), employers must maintain and preserve:

(a)

The records required by section (1) of this rule except subsections (1)(e) and (g) through (i) of this rule, and in addition:

(A)

Time of day and day of week on which the employee’s 14-day work period begins;

(B)

Hours worked each workday and total hours worked each 14-day work period;

(C)

Total straight-time wages paid for hours worked during the 14-day work period;

(D)

Total overtime excess compensation paid for hours worked in excess of eight in a workday and 80 in the work period.

(b)

A copy of the agreement or understanding with respect to using the 14-day period for overtime pay computations or, if such agreement or understanding is not in writing, a memorandum summarizing its terms and showing the date it was entered into and how long it remains in effect.

(6)

With respect to each tipped employee, the employer must maintain and preserve payroll or other records containing all the information and data required in section (1) of this rule and, in addition, a symbol, letter or other notation placed on the pay records identifying each employee.

Source: Rule 839-020-0080 — General Recordkeeping Requirements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-020-0080.

839‑020‑0000
Notice of Proposed Rule
839‑020‑0004
Definitions Generally
839‑020‑0005
Employees Engaged in Administrative, Executive, Professional, or Outside Sales Work, Defining the Terms
839‑020‑0010
Payment of Minimum Wages — Generally
839‑020‑0011
Determination of Applicable Region and Minimum Wage Rate to be Paid for Work Performed by Employees
839‑020‑0012
Wage Statements to Be Provided to Employees
839‑020‑0013
Bonuses Provided to Workers in Agriculture
839‑020‑0015
Fixed Minimum Hourly Wage Rates Lower than the Minimum Wage Rate
839‑020‑0020
Deductions from the Minimum Wage — Generally
839‑020‑0025
Deductions for Meals, Lodging, Facilities or Other Services
839‑020‑0027
Deductions for Garnishment Processing Fee
839‑020‑0030
Payment of Overtime Wages — Generally
839‑020‑0040
Hours Worked — Generally
839‑020‑0041
Waiting Time
839‑020‑0042
Sleeping Time and Certain Other Activities
839‑020‑0043
Preparatory and Concluding Activities
839‑020‑0044
Lectures, Meetings and Training Programs
839‑020‑0045
Travel Time
839‑020‑0046
Adjusting Grievances, Medical Attention, Civic and Charitable Work and Suggestion Systems
839‑020‑0047
Application of OAR 839-020-0040 to 839-020-0047 to Agricultural Employees
839‑020‑0050
Meal and Rest Periods
839‑020‑0051
Rest Periods for Expression of Milk
839‑020‑0052
Leave for Domestic Workers
839‑020‑0060
Weight Lifting
839‑020‑0065
Other Working Conditions
839‑020‑0070
Homework — Generally
839‑020‑0080
General Recordkeeping Requirements
839‑020‑0082
Special Recordkeeping Circumstances
839‑020‑0083
Records Availability
839‑020‑0085
Posting Requirements
839‑020‑0087
Earned Income Tax Credit Notice to Employees
839‑020‑0115
Relationship of State and Federal Law
839‑020‑0125
Overtime Exemptions Pertaining to Employers Regulated Under the Federal Fair Labor Standards Act
839‑020‑0130
Overtime Exemption for Public Employees
839‑020‑0135
Overtime Exemption for Agricultural Employees
839‑020‑0150
Exemptions from Minimum Wage and Overtime
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
839‑020‑0210
Exemptions from Overtime Relating to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities — Generally
839‑020‑0220
Definitions for Regulations Pertaining to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities
839‑020‑0230
Limitation on Nonexempt Work
839‑020‑0240
Public Agency Employees Engaged in Both Fire Protection and Law Enforcement Activities
839‑020‑0250
Effect of Training Time
839‑020‑0260
Application of ORS 653.269(3) to Ambulance and Rescue Service Employees
839‑020‑0270
Other Overtime Exemptions May Apply to Public Employees Engaged in Fire Protection and Law Enforcement Activities
839‑020‑0300
Authority of Labor Commissioner to Define Terms Relating to Executive, Administrative, Supervisory and Professional Employees of a Public Agency
839‑020‑0310
Application of OAR 839-020-0300 to 839-020-0350
839‑020‑0320
Definitions for Exemptions Relating to Executive, Administrative, Supervisory and Professional Employees of a Public Agency
839‑020‑0330
Exception to Salary or Fee Basis
839‑020‑0350
Computer Professionals
839‑020‑0400
Definitions for Maximum Hours of Work in Canneries, Driers and Packing Plants
839‑020‑0410
Determination of the Day
839‑020‑0415
Failure to Establish a Workweek
839‑020‑0417
Employee’s Written Consent to Work up to 60 Hours in a Workweek
839‑020‑0420
Undue Hardship Notices and Employee’s Written Consent
839‑020‑1000
Violations Separate and Distinct
839‑020‑1010
Violations for Which a Civil Penalty May Be Assessed
839‑020‑1020
Criteria for Determining a Civil Penalty
Last Updated

Jun. 8, 2021

Rule 839-020-0080’s source at or​.us